Local development plans – defining Gypsies and Travellers: interim impact assessments

Interim Island Communities Impact Assessment

Introduction

The Town and Country Planning (Scotland) Act, 1997, as amended by the Planning (Scotland) Act, 2019, sets out requirements for planning authorities to involve the Gypsy and Traveller community in the early stages of preparing Local Development Plans (LDP). This includes providing a summary of the action taken to meet Gypsy/Traveller accommodation needs and providing a statement on the steps taken to seeks views of the community, within the Evidence Report that will inform the preparation of the LDP. The Act refers that 'Gypsies and Travellers' has the meaning specified in regulations by the Scottish Ministers and requires that before making such regulations, Scottish Ministers must consult with such persons as they consider appropriate.

A consultation was carried out between December 2021 and March 2022 on proposed new regulations and guidance for Local Development Plans. That consultation proposed to hold a separate consultation on a meaning of 'Gypsies and Travellers' to be specific in regulations. This was to enable targeted involvement of the Gypsy/Traveller community and for the explanation of the specific matters associated with the requirement to be set out.

The Islands (Scotland Act 2018

Scottish Ministers are required by the Islands (Scotland) Act 2018 to have regard to island communities in exercising their functions and in the development of legislation. An Island Communities Impact Assessment (ICIA) must be prepared where the policy, strategy or service is likely to have an effect on an island community which is significantly different from its effect on other communities. Guidance and a toolkit have been published to support this requirement.

The National Islands Plan (December 2019) provides a framework for action in order to meaningfully improve outcomes for island communities. It is underpinned by four key values: fairness, integration, environmental protection (green) and inclusiveness.

Objectives and Intended Outcomes

This consultation aims to establish a definition of 'Gypsies and Travellers' to inform local authorities on who to consult in preparing the Evidence Report. By consulting members of the community and other relevant bodies, the desired outcome is an accurate and inclusive definition that enables the planning system to better support the needs of Gypsies and Travellers.

Consultation and Engagement

A consultation was carried out between December 2021 and March 2022 on proposed new regulations and guidance for Local Development Plans. That consultation proposed to hold a separate consultation on a meaning of 'Gypsies and Travellers' to be specified in regulations. This was to enable targeted involvement of the Gypsy/Traveller community and for the explanation of the specific matters associated with the requirement to be set out.

Comhairle Nan Eilean Siar Council responded highlighting that where there is no established Gypsy or Traveller community currently presence during the preparation of the Plan (as has been the case historically in the Outer Hebrides) it has not been a requirement to take such accommodation needs into account.

The proposed definition for regulations will be subject to public consultation and will be available on the Scottish Government website. We would anticipate the local authorities covering the islands to respond.

Assessment

The assessment process requires that the Scottish Government must determine whether in its opinion the policy, strategy or service is likely to have an effect on an island community which is significantly different from its effect on other communities (including other island communities).

The proposed regulation is necessary to provide additional detail to the requirements set out in primary legislation. It would not create an adverse effect for island communities as they are only required to seek views of Gypsies and Travellers where they are present in their area.

Initial Conclusion

Local Authorities are required to consult with different groups within their area for the purposes of the Evidence Report for Local Development Plans. We do not envisage that the proposed definition for regulations will have significant, or different effects on island communities, though views are invited as part of the current consultation process.

Approved by: Fiona Simpson

Position: Chief Planner