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Grŵp agored | Wedi dechrau - Gorffenaf 2012 | Gweithgaredd diwethaf - May

Allocation of Traveller Sites - tying to specified occupants?

Stephen Benge, Addaswyd 10 Years yn ôl.

Allocation of Traveller Sites - tying to specified occupants?

New Member Postiadau: 15 Dyddiad Ymuno: 20/10/2011 Bostiadau diweddar

In the hypothetical scenario that there were an unauthorised Traveller site in a given location that had never caused any "amenity" issues with the nearby settled community, and if a hypothetical local authority were to consider formalising this use by allocating the said site within a Site Allocations DPD, is there any legal possibility of tying the allocation to a particular Traveller family or group (i.e. those currently on the site), such as can be done with a planning permission?  I am guessing the answer is no, but would value some views on this theoretical example...

Tying the stie's allocation to the occupants of the site in this way may help reduce fears of people nearby, who may (rightly)  be concerned that, were the site's status to be formalised, the occupants could then vacate the site and sell it on to another Traveller group, who may not be as well-behaved as the previous occupants.

One way to avoid this would be for the local authority to purchase and manage the site, but if the financial resources were not available to do this, would the above route be a legal non-starter or not?  And even if the LA were to own and manage the site, would they be able to refuse certain occupants the opportunity to inhabit the site, without being liable to discrimination claims?

Andrew Chalmers, Addaswyd 10 Years yn ôl.

Allocation of Traveller Sites - tying to specified occupants?

Advocate Postiadau: 169 Dyddiad Ymuno: 20/10/2011 Bostiadau diweddar

I would have thought the logical way to control the use would be through the granting of a personal permission to regularise the unauthorised site.  This could be conditioned in an appropriate manner.  Site Allocations are usually little more than an indication of an appropriate use, in this case as a traveller site, and would not control ownership or occupation.  Not sure whether there are controls through licensing arrangements.

Suspect councils in most cases would want to stay well out of managing sites.  Certainly in my own authority there are strict criteria for who the council will let onto its own managed site, issues around anti social activities etc.  Provided these are clear I cannot see what scope there could be for discimination claims.