Local Plans and Lisa Smith Court of Appeal Case

Planning Advisory Service (PAS)

Open group | Started - July 2012 | Last activity - Yesterday

Adam Banham, modified 1 Year ago.

Local Plans and Lisa Smith Court of Appeal Case

New Member Post: 1 Join Date: 18/04/23 Recent Posts

Is there definitive evidence available on whether the Planning Policy for Traveller Sites (PPTS) can still be used for local plan-making? Recently local plan inspectors for Central Lincolnshire (Central Lincolnshire Local Plan | Central Lincolnshire Local Plan (n-kesteven.gov.uk)) said that the local plan should meet the higher need figure, and not the PPTS level of need.

Garden Court Chambers (Government’s planning definition of Gypsies and Travellers unlawfully discriminatory | News | Garden Court Chambers | Leading Barristers located in London, UK) represented Mrs Smith and the judge’s ruling clearly says that PPTS served no legitimate purpose in that case, but did not extend to how the PPTS should be applied in the future for plan-making.

Government and the Inspectorate are clearly moving away from the PPTS, but it would be useful to find evidence.

local plans ldf gypsies and travellers

Martin Hutchings, modified 1 Year ago.

RE: Local Plans and Lisa Smith Court of Appeal Case

Enthusiast Posts: 30 Join Date: 26/02/13 Recent Posts

Good question Adam. Thought it'd be useful to highlight the paragraph in the Inspector's letter for Central Lincs plan:

Gypsy and Traveller and Travelling Showpeople Accommodation – Policy S83
238. As submitted, the Plan identified a need for additional Gypsy and Traveller pitches based on the definition in the Planning Policy for Traveller Sites (‘PPTS’) (32 additional pitches between 2019 and 2040). However, following submission of the Plan, the Court of Appeal38 held that the definition was discriminatory. To ensure that the Plan is justified and positively prepared, it is therefore necessary to update the text by reference to the higher figure in the Gypsy and Traveller Accommodation Assessment (‘GTAA’), which does not exclude people who have ceased to travel permanently. This is achieved by MM94 and refers to a need for 41 pitches between 2019 and 2040.