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EFDC have written to John Healey MP Minister for Housing and Planning, he has replied via the
Government Office for the East of England asking for more information.
EFDC remain optimistic that the minister will withdraw or revise the Direction requiring them to
allocate 34 pitches in the Development Plan Provision. If the minister refuses to remove or amend
Direction, EFDC do not seem to have a plan 'B'.
EFDC recently sought advice from counsel on among other points;
The Council seeking to challenge (with or without GO-East support) some of the
guidance/criteria used to date. This would be with particular regard to circumstances
applying in this District, i.e. with the rural area being entirely in the Green Belt with
consequent high land values in the urban areas, and where low density, low-rise caravan sites are
inappropriate neighbours to more densely developed areas. The Council attaching different weight to
the criteria in Government guidance.
The advice EFDC received states that '18 The circular is absolutely clear that local authorities
must allocate sufficient sites for gypsies and travellers, in terms of the number of pitches
requires by the Regional Spatial Strategy , in site allocation Development Plan Provisions.
Criteria must not be used as an alternative to site provision where there is an identified need for
pitches. Further more Local Planning Authorities will need to demonstrate that sites are suitable
and that here is a realistic likelihood that specific sites allocates in Development Plan
Provisions will be made available for that purpose and how the land will be made available for a
gypsy and traveller site and the timescale for provision.' ODPM Circular 1/2006. Planning for Gypsy
and Traveller sites, paragraph 33
'44 I do not consider that the council can reasonably ignore any of the criteria that
Government policy states are relevant and a failure to have regard to those criteria will increase
the risk that the Development Plan Document will not be sound.'
EFDC have in the past made it quite clear they have no intention of repeating the consultation
exercise, however the legal advice they have obtained has clarified that;
'49 Should the council decide to reconsider the criteria and their application such that
there is a significant change to the councils approach and or the consequent identification of
sites, it will be necessary in my view to undertake a further consultation exercise ahead of the
publication of the draft Development Plan Document to enable Representations to be made. In short a
judgement must be made as to whether persons that are likely to be affected by any proposed changes
to approach, or inclusion or exclusion of specific sites, have had the opportunity to make
their views known to the Council.'
Read the redacted version here;
rds.eppingforestdc.gov.uk/Published/C00000295/M0000569 9/$$ADocPackPublic.pdf?ku0353527$RTW
A Daily Telegraph article published on 12 February Conservatives to unveil plans to stop illegal
gypsy encampments states;
'The party will also promise to scrap what shadow ministers describe as 'unfair
Whitehall planning rules' introduced by John Prescott, the former deputy prime minister,
which they say are forcing councils to build legal traveller camps on the Green Belt and compulsory
purchase land to find sites. Bob Neill, the shadow local government and planning minister, said:
"The British public want to see fair play for all, rather than special treatment being given to
some. Labour's changes have undermined community cohesion by creating a legitimate sense of
injustice in the planning system. Law-abiding citizens understandably have to jump through
many hoops to build in rural areas. Yet it's wrong that certain groups have been given a
green light to bypass those rules and concrete over the Green Belt when no one's looking." In
addition, the party will promise to fund more authorised sites from central government budgets,
rather than laying the burden on local taxpayers. This is likely to lead to confusion, however, as
the party has repeatedly promised to slash Whitehall budgets in order to tackle the deficit. In
addition, the Conservatives will say that they will stop gipsies using human rights laws by
scrapping the Human Rights Act and replacing it with a 'British Bill of Rights'.
However, Dominic Grieve, the shadow justice spokesman, recently admitted that the Conservatives may
not be in a position to repeal the Act in their first term in office.'
www.telegraph.co.uk/news/new stopics/politics/7215591/Conservatives-to-unveil-plans-to-stop-illegal-gypsy-encampments.html
It seems that we cannot rely on politicians to resolve the issue of the location of
potentially two Gypsy and Traveller sites in our village. It seems the most effective tool we
have is the extensive evidence base TBAG and STBRA submitted in response to the
consultation, that the current sites selected are unsuitable both for the settled and Gypsy
and Traveller communities.
TBAG
Protecting the Village of Theydon Bois
www.theydonbois-actiongroup.co.uk
11 January 2010
www.eppingforestdc.gov.uk/news/2010/council_appeal.asp
Click here to download this file
8 January 2010
At the Cabinet meeting on Monday, which was delayed from 21st December due to the weather conditions, EFDC discussed the Gypsy and Traveller Development Plan Document - Counsel Advice & Initial Analysis of the Options Consultation Responses.
They have agreed to recommend to full Council for ratification the following;
To write to the Rt Hon. John Healey MP Minister for Housing and Planning. The letter will request a meeting attended by officers and members of EFDC with Mr Healey and hopefully attended by the
Shadow Minister for Communities and Local Government Caroline Spelman.
The letter outlines the progress the District has made with the provision for Gypsy and Traveller pitches and askes that the minister withdraws the Directive that EFDC find 34 pitches as part of its Local Development Scheme.
Read the draft letter here;
rds.eppingforestdc.gov.uk/Published/C00000296/M00006153/$$ADocPackPublic.pdf?ku=35241833$SOS
Since 2006 private authorised pitches has increased by 19, temporary sites, which have permission for 3 years, have increased to 27 and tolerated sites have also increased by 2. Unauthorised pitches have reduced from 32 to 9. There are sites that are still in the planning and appeal process.
EFDC have, since the Directive, granted planning permission for 19 pitches, and therefore have only another 15 to find towards the District allocation of 34. The letter also outlines the high number of authorised, tolerated and temporary pitches in the District and the low level of unauthorised pitches.
The cabinet also agreed to continue with the consultation process. Not to rule out any pitches before analysing the responses to the consultation, which includes an evidence base provided by the Action Groups. To continue to ask Go East for a revised timetable, the original deadline was September 2009. And to note the initial analysis from the responses to the consultation.
Throughout the agenda item many councillors thanked the Action Groups for providing such a wealth of evidence and that this evidence base is crucial in site selection.
Officers now believe that a second round of consultation on potential sites will be needed which could include:
(a) original Options sites which are considered to be not too close to settlements;
(b) omission sites which satisfy the 21 criteria; and
(c) any appropriate sites in the north-east of the District, this area previously being excluded on the grounds that it was too remote from services.
It seems that officers have listened to the views of the Action Groups and are willing to identify sites that are separated from settled communities and sites in "less sustainable locations". Highly unpopular sites will be "undeliverable".
Officers conceded that an increased level of scrutiny by the public to any planning Core Strategy would delay the process of producing the Development Plan Documents.
The risk that EFDC face is that if the Minister becomes frustrated that EFDC has missed its time limit to allocate 34 pitches and that he refuses to withdraw or amend the Directive, that a Planning Inspector will be appointed to find the pitches and they will be disenfranchised.
The Leader of the Council Cllr. Mrs Diana Collins addressed the public gallery and said that "We do appreciate your support and we have always had your best interests at heart and will do our very best we can, to unblight everyone as soon as we can".
We have to ask however, would a Government Planning Inspector do a worse job than EFDC has done in the current site selection?
22 December 2009
'The Council is unable to consider the agenda item conerning the Gypsy and Traveller Development Plan Document at the Council meeting tonight. This is following the postponement of last night's Cabinet meeting, on Monday 21 December 2009, due to severe weather conditions.
Agreement has been given by the Leader of the Council to hold the rescheduled Cabinet meeting on Monday 4 January 2010. An extraordinary meeting of the Council will probably take place on Tuesday 19 January 2010, subject to the agreement of the Chairman of the Council.'
18 December 2009
EFDC have this week published the Counsel advice on progress with the Gypsy and Traveller Development Plan Document, and initial analysis of the Options Consultation responses.
Read the agenda item and full report at;
rds.eppingforestdc.gov.uk/Published/C00000296/M00005690/$$ADocPackPublic.pdf?ku0353527$RTW
rds.eppingforestdc.gov.uk/Published/C00000295/M00005699/$$ADocPackPublic.pdf?ku0353527$RTW
Or at www.theydonbois-actiongroup.co.uk Gypsies and Travellers - Update!
These issues will be debated at the Civic Offices Epping on 21st and 22nd December at 7pm and 7.30pm. These meetings will be webcast but if you would like to attend they are open to the public.
Recommendations/Decisions Required at the meetings are;
(1) To continue with the preparation of the Gypsy and Traveller DPD, pending the outcome of further discussions with the Government Office for the East of England (GO-East);
(2) To agree that the Options consultation sites cannot be rejected without formal consideration of the responses;
(3) To authorise officers to continue discussions with Counsel and GO-East about sites which are within or in close proximity to settlements;
(4) To consider the need for a meeting with the relevant Minister to discuss the future preparation of the Gypsy and Traveller DPD;
(5) To note the initial results of the analysis of the consultation responses.
Gypsy and Traveller DPD which is considered in this report. Various options for action are rejected, and other options are discussed. Officers need to meet with GO-East in the light of the advice and because recent permissions and CLD decisions are making significant inroads into the Regional Spatial Strategy target set by the Single Issue Review. Members are asked to consider arranging a meeting with the relevant Minister to discuss the particular issues facing the District. Members are also asked to note the initial quantitative results of the Options consultation responses.
Reasons for Proposed Decision:
Any significant extension to the timetable for preparing the DPD will have significant implications for other Forward Planning work, notably the Core Strategy of the Local Development Framework. Ignoring or rejecting Counsel advice could lead to the intervention of the Secretary of State with decisions being taken on the location of sites for new pitches which are outside the control of this Council.
Also published are an analysis of the Consultation on options questionnaire.
Each questionnaire is considered as a single response and in the case of residents associations,parish councils and other groups not as multiple responses from individual signatories. Figures are calculated as a percentage of all the received responses and "no response" answers have been included. In total 2,066 responses were received. Of these responses, 271 were group responses. A total of 10,601 people responded in some way to the consultation.
Details for the two sites selected for Theydon Bois include the following;
Coopersale Lane, Theydon Bois - 802 responses answered yes to the question should the site be taken forward,7.6%.
1,838 answered no, 17.3% with 7,961 75.1% giving no response.
Abridge Road, Theydon Bois - 804 responses answered yes to the question should the site be taken forward,7.6%.
1,964 answered no, 18.5% with 7,833 73.9% giving no response.
It would seem that the SA and SEA will now be consulted upon and we should start preparing for an Examination in Public should one of the proposed sites go forward.
After the recent fundraising event in which TBAG raised over £7,500 along with the funds raised at our previous event, we are well placed to make a contribution to legal and planning professional opinion going forward and at a potential Examination in Public. We will continue to work with the other six resident and action groups in the area to prepare to defend our District and our village from this innappropriate development of our Green Belt.
Merry Christmas and a happy New Year.
TBAG
Protecting the Village of Theydon Bois
16 December 2009
Agenda for the EFDC meetings of 21st and 22nd December.
rds.eppingforestdc.gov.uk/Published/C00000295/M00005699/$$ADocPackPublic.pdf?ku=30353527$RTW
rds.eppingforestdc.gov.uk/Published/C00000296/M00005690/$$ADocPackPublic.pdf?ku=30353527$RTW
1 December 2009
The Gypsy and Traveller Accommodation Assessment (GTAA) for Essex has just been published - see www.theydonbois-actiongroup.co.uk for the full report.
The GTAA is commissioned by Essex County Council on behalf of the local authorities in Essex. "The purpose of the assessment is to quantify the accommodation and housing related support needs of Gypsies and Travellers" and seeks to build on the 2006 GTAA by breaking down evidence to district level. The report states that a 90% increase in residential pitches in Essex is required by 2021.
It was assumed that the GTAA, published this month, would have been available when the East of England published the county and district pitch provision in July 2009, but was not. Because the accommodation assessment was not available in time the East of England Regional Spatial Strategy (RSS), allocation for the Epping Forest District was not based on a specific need.
The GTAA states that for Epping Forest District, the need is 32 additional pitches 2008-2013 and 11 additional pitches 2013-2021. Total additional pitches 2008 - 2021 3, this is equivalent to about 4 new G&T sites in Epping Forest 2008 - 2021.
The existing number of pitches (2008) is 65 and the need at 2021 is 108.
East of England RSS states that for Epping Forest District, the target is a minimum 34 additional pitches 2006 - 2011 and 29 additional pitches 2011 - 2021. Total additional pitches 2006 - 2021 3. Assuming each new site accommodates an average of 10 pitches, this is equivalent to about 6 new G&T sites in Epping Forest 2006 - 2021.
The existing number of pitches (2006) is 98 and the target for 2021 is 128.
The GTAA confirms that 'Epping Forest District Council was directed by the Secretary of State in September 2007 to prepare a planning document specific to Gypsy and Traveller sites. The Direction required the submission of a DPD by the end of September 2009. Consultation on Options was carried out between November 2008 and February 2009. The exercise was controversial from the outset, with ill-feeling being stirred up by coverage in the local and national media. There were over 10,000 responses, some of which are very lengthy and complex, and several threats of judicial challenge. The workload resulting from the consultation has meant that it was not possible to meet the Direction deadline. Negotiations are continuing (September 2009) with GO-East about a revised timetable.'
The report continues;
'Overall there is a great range in numbers of caravans in each district. As can be seen, Basildon has by far the highest number of caravans. Compared to Epping Forest (the second highest district), Basildon has almost three times as many in absolute terms and over twice as many relative to its population. It contains 41% of the total number of caravans in Essex. In contrast three areas have fewer than 20 caravans � Brentwood, Tendring and Southend-on-Sea (which has none).'
It is a long report but makes for interesting reading with statements like; 'Participants were asked about their ability to access local services, including shops, health and education. The results are shown in the three tables below, showing the proportion of respondents reporting difficulties accessing services on foot, by public transport and by car. The main variation was by site type; the majority of those on unauthorised sites and developments found it difficult to access any service on foot, most likely due to the relatively remote locations of many of these sites. Nearly all (about 80%) on these types of site found public transport access to shops and health services to be difficult.'
'The questionnaire asked for further information about the practical impact of any transport difficulties. Many people on all types of sites stated that a car was a necessity; this caused significant problems, especially for the elderly and others unable to drive. The lack of pavements on nearby roads was also mentioned by some respondents as a problem:'
"Teenagers like myself feel very isolated. Nothing to do and can't get out to anywhere, since we can't afford taxis."
"I am here on my own with a baby and I can' t drive so I have to rely on others for lifts."
"Kids can't walk to the school as the road is dangerous."
And 'Every site should be in line with planning law and not next to rubbish dumps, motorways, sewage farms or other unsuitable areas.'
However, the most obvious and concerning discrepancy is that the EFDC draft Development Plan Document seeks an overall target of 123 additional pitches spread over 14 years rather than the RSS target of 63 additional pitches in Epping Forest over 15 years and the Essex GTAA identified need for 43 additional pitches in Epping Forest over 13 years. In other words, the EFDC Gypsy and Traveller DPD grossly overestimated the overall target.
Allowing for the difference between 'need' and 'targets' and different phasing dates, the Essex GTAA and RSS give very similar expressions of short term need (32 compared with 34). However, the figures for existing residential pitches are very different (65 compared with 98), as are longer term expressions of need till 2021 (11 compared with 29).
Villagers will know that EFDC are currently seeking legal opinion on several aspects of the consultation and the directive from Go East and the subsequent time table, they are also seeking legal opinion as to whether they can consider specific Gypsy and Traveller sites without considering the responses to the consultation document. They have also decided not to publish and therefore consult on the draft Sustainability Appraisals and Strategic Environmental Report (SA/SEA), until they have received the legal opinion.
This legal opinion should be available to the public as an addendum to the agenda in time for the Cabinet meeting of 21st December.
Feelings are running high amongst the local population, it has been reported at several Epping Forest District Council meetings that residents are having problems selling their properties and fear blight on their homes. Councillors feel under pressure to resolve the situation as soon as possible. The consultation process is already months behind schedule and the Planning Department has confirmed that it will take them a further three months to analyses the 10,000 responses that they received before the consultation closed in February this year.
TBAG understand that it may be possible, if the legal opinion suggests it is not unlawful, for members to rule out specific sites at the meeting of 21st December, without considering either the responses to the Consultation on Option Development Plan provision for Gypsies and Travellers or the Draft Sustainability Appraisals and Strategic Environmental Report's (SA/SEA).
The Draft Sustainability appraisal states that 'Should sites 20b and 20c (Theydon Bois) both be allocated the cumulative impacts of potentially 21 pitches being delivered in close proximity may negate elements which were shown as positives in the current appraisal. In this instance the adverse cumulative impacts on the sites proposed and the adverse secondary impacts on this rural area between Theydon Garnon and Theydon Bois would negate the positive scores the sites achieve individually. It would therefore be more appropriate to allocate sites which may not perform as well individually, but where the cumulative impact to achieve the number of pitches required would be less in a given area. The site is accessible to a range of local services and facilities within nearby Theydon Bois, including Theydon Bois Station (London Underground) which, with a reasonable bus service close to the site, affords good public transport links to other centres. The availability of services and public transport links would positively assist the quality of life of residents. The site would encroach into the countryside although impacts on visual amenity could be mitigated with appropriate boundary treatment. Coopersale Lane is a Protected Lane and additional activity and vehicle movement could have an adverse impact on its setting and integrity. Also, the site is close to the M11, abutting the 300m buffer, and could be affected by noise and pollution from motorway traffic. Use of the site would need to be subject to provision of satisfactory safe access.'
Is it likely that one of the sites selected for Theydon Bois may be ruled out on 21st December?
What happens if some sites in the District are ruled out and at least one of ours is not?
Is it just or fair that any sites can be ruled out before our responses, that have taken a vast amount time and money to research, are considered?
We would also like to take this opportunity to highlight data published on 19 November by GO East that; '86 per cent of all Local Planning Authorities reported to have identified sufficient sites to supply 100 per cent or more of the housing requirement for the next 5 years.' Epping Forest District have identified 213%, the highest in the East of England, the lowest being Broadland at 52%.
Considering 94% of Epping Forest District is Green Belt where are these houses going?
Do the people behind the 'land bank scam' at Blunts Farm know something that we do not?
The Cabinet meeting of 21st December should be an interesting one - we will keep you updated!
We have only a few tickets left for our Grand Christmas Auction on Thursday, if you would like a ticket please email mail@theydonbois-actiongroup.co.uk or call 01992 813837 01992 813837 .
TBAG
Protecting the Village of Theydon Bois
30 September 2009
We had our first fundraising evening earlier this month. Dinner at the Queen Victoria with a quiz was enjoyed by many residents and their friends and it was a very enjoyable way to raise £1,689. This sum has been very generously 'match-funded' by a resident of Theydon Bois, which will take our total to £2,689. Itemised expenditure will shortly appear on our website.
Eleanor Laing, our Member of Parliament attended and reiterated her support for TBAG and this cause. These funds give us a healthy base with which to fund the next steps in the fight to save our village from the inappropriate development of potentially two Gypsy and Traveller sites located on Green Belt in Theydon Bois and the reduce the overall pitch provision for the district.
We would like to thank everyone who supported us and especially Henry and the team at the Queen Victoria!
Our next fundraising event is an AUCTION on 3rd December, taking place at Theydon Bois Village Hall. If you can help by donating a 'lot' or a 'promise', or would like tickets to the event please get in touch!
TBAG is working with the six other resident groups in the district (namely the Epping Forest District Residents' Collective) and we have sent the following letter to all members of Epping Forest District Council. All members of the Collective have now resolved to 'step-up' the campaign and put concerted pressure on EFDC to reconsider what we believe to be a flawed consultation process which may be vulnerable to challenge.
TBAG
www.theydonbois-actiongroup.co.uk
September 2009
Dear Councillor
Consultation on Options – Development Plan Provision for Gypsies and Travellers in Epping Forest District
This letter is written on behalf of the various Associations and Action Groups that are named below and represents the views of constituents most directly affected by the ongoing gypsy and traveller consultation process.
We would also suggest that the views expressed in this letter are representative of the majority of the constituents within the district.
Throughout the process to date we have been concerned by a number of flaws in the way in which the consultation exercise has been conducted and recent events only serve to bear this out.
In November 2008 the Council published its Consultation on Options Development Plan Document.
That document identified the principal criteria which had been applied by the Council when selecting prospective gypsy and traveller sites.
These criteria gave little, if any, regard to the preferences of the gypsy and traveller community or the predictable concerns of the settled community. We are sure this shortcoming has been pointed out very clearly in the responses to the consultation.
On 3 September 2009 the Council made available the Sustainability Appraisal and Strategic Environmental Assessment (the SA/SEA). Disappointingly, 26% of the answers in the matrices on the proposed sites were left “uncertain”. Even so, most sites identified by the Consultation on Options DPD are regarded as unsuitable by the SA/SEA. This leads us to conclude that the SA/SEA should have been commissioned before the Consultation on Options DPD was published. If so, a large number of the sites identified by the DPD would have been excluded and a huge amount of unnecessary stress and anxiety experienced by the settled and travelling communities would have been avoided.
We are aware of the concerns expressed both by Council Officers and various members of the LDF Cabinet Sub-Committee at its meeting on 10 September where they were questioning various aspects of the consultation process and in particular the criteria which had been used in site selection. We believe that the concerns raised at that meeting are well founded and further highlight that the consultation process is flawed and consequently vulnerable to challenge. [It should be remembered that many of the concerns raised by the Associations and Action Groups have already been raised in writing to both Council Officers and Members of the LDF Cabinet Sub-Committee, some as far back as October 2008].
Further, Councillors were advised in writing that the Consultation on Options document misinterpreted Government policy in Circular 01/2006 and had overlooked the consultation with the gypsy and traveller community reported in the Myriad Report.
We appreciate the SA/SEA is not open to public consultation at the moment. Nevertheless, the document states time and again the potential problems if the travelling and existing settled communities are located too close to each other; such conflict would be “unsustainable” and fail at least two of the 18 SA/SEA sustainability objectives. Yet the Consultation on Options DPD relies too heavily on such an approach.
Apart from this fundamental issue, there are other flaws which could be challenged if the DPD goes forward in its present format, or may otherwise be rejected by an Inspector.
For example, the Council’s approach to the issue of omission sites has been wrong in law and the advice given to residents has been incorrect.
Another example is the decision of the DPD to entirely exclude large areas of the District. Whilst the SA/SEA believes sites in the south and west are likely to be more sustainable, it does not discount the possibility that sites elsewhere might be suitable. Page 40 of the SA/SEA states “… .nevertheless, the merits of each individual site would need to be appraised to ensure that it could contribute to the supply of sites in a sustainable manner.” In other words, taking into account all 18 sustainability objectives, individual sites in areas of the district otherwise excluded might be desirable.
Furthermore, there is likely to be a serious problem with deliverability. We understand that none of the owners of the sites identified by the Consultation and Options document are willing to make their land available for the purposes of providing gypsy and traveller accommodation. Whilst compulsory purchase is an option, this is unrealistic and wasteful of resources in most cases. Moreover, page 58 of the SA/SEA states “However, the use of compulsory purchase powers risks exacerbating tensions between the settled and travelling communities because the powers are only likely to be used in situations where allocated sites do not come forward by other means.”
We appreciate that the Council has been directed by the Secretary of State to develop a G&T policy. However, it must do so in a manner that fairly balances the interests of all parties concerned. Ultimately it is the Councillors who must take responsibility for the way in which the current process is handled, as it is they who control it.
Unfortunately, the Council has not been rigorous in protecting the interests of the district. The representations made to Go East in relation to the number of pitches the district was being asked to provide were weak and lacked any depth or conviction, particularly when compared to other Councils (St Albans amongst several) and those made by some of the Residents Action Groups. Indeed, Epping Forest District Council thought that accepting 34 pitches in stage one was “not a wholly unreasonable number” (Report Reference: LDF-001-2008/09:20 April 2009) rather than continue to fight with Go-East. This is not a stance most of the residents of Epping Forest understand.
Despite these setbacks, we welcome the decision by the LDF Cabinet Sub-Committee on 10th September 2009 to take legal advice. It is important that in taking advice the appropriate questions are asked. We urge Councillors to scrutinise the Instructions to Counsel to ensure that the “direction of travel” of the DPD is objectively examined by Counsel for its fairness, transparency, deliverability and sustainability. We would not wish Counsel to be steered merely to bolster a (in our opinion) flawed process.
The leader of the Council, at the Cabinet Sub-Committee meeting on 10th
September, emphasised the importance that the process be carried out properly. This can still be achieved if the right decisions are made at this juncture.
We believe the current Consultation on Options DPD should be withdrawn, re-written in the light of a suitably comprehensive SA/SEA and published again using more appropriate and transparent criteria in relation to site selection which are representative of the needs and wishes of both the gypsies and travellers and the settled community.
The September 2009 SA/SEA is not the appropriate basis upon which to draft and publish the next Consultation on Options DPD. The omission sites must be appraised and taken into account by SA/SEA before the Council’s “best performing” consultation sites are published as part of a Consultation on Options DPD.
We appreciate that what is proposed will delay the overall process but this is a small price to pay in the development of a policy of such sensitivity which has generated huge concerns amongst your Electorate.
Yours faithfully
Thornwood Action Group
Epping Green Village Association
Abridge Action Group
Waltham Abbey Residents Association
Epping Residents Group
Theydon Bois Action Group
North Weald Residents Association
11 September
Last night EFDC Councillors on the Local Development Framework Cabinet Committee decided to
recommend to full cabinet that the Draft Sustainability Appraisal and Strategic Environmental
Assessment (SA / SEA) for the Development Plan Provision for Gypsies and Travellers should not go
to public consultation until a timetable is agreed with our regional assembly,Go East.
They also decided to recommend that expert external legal and planning professionals' advise is sought.
Almost 10,000 local residents responded to the consultation, the majority by signing up to the
responses drafted by the various action and residents' groups in the District. The sheer volume of
responses and the strength of local opposition to the plans to locate an extra 34 pitches in our
District, which is 94% Green Belt, is something that apparently took Go East by surprise. This has
resulted in EFDC missing the original timetable imposed by Go East and a revised timetable has yet
to be agreed.
The selection of sustainable sites was influenced by Government criteria that locations should be
close to services, and public transport. Residents are concerned about the selection of sites that,
whilst meeting these criteria, are too close to the settled community, this is something that also
concerns the Gypsy and Traveller community. The restrictions of sustainability that intends to
reduce the reliance we have on private car use is not something that should potentially be imposed
on the Gypsy and Traveller community. Is it against the Human Rights of the Gypsies and Traveller's
to insist that they stop travelling by private car? EFDC are intending to seek legal opinion on the
validity of the criteria that have been imposed by the Government. Although EFDC can not 'undo' what
has been done, should they start again?
Councillors described the many issues that residents have expressed including the 'blight' that has
befallen their properties and the 'angst' this has caused to the community.
Residents that included racist comments in their responses will receive a letter from EFDC's legal
department which will give them an opportunity to remove or redact their comments allowing their
response to be included in the consultation.
These recommendations will go before a full cabinet meeting on 6th October.
When a revised timetable is agreed and all documentation has been received, the SA and SEA did not
include responses on highways issues, landscaping impact and wildlife, there will be a six week
public consultation.
This process is likely to continue past the first half of next year.
Caroline Spelman MP the Shadow Secretary of State for Communities and Local Government has
confirmed that ' The general election brings with it regulatory uncertainty. In this context,
especially given the current legal challenges, we would advise councils not to rush ahead with
implementing the controversial elements of Regional Spatial Strategies, expending time and
taxpayers money that may be wasted. Ultimately, councillors should seek to serve the best
interests of their residents while operating within the law, rather than jump to the latest
arbitrary demands from Whitehall or the Regional Government Offices. I would encourage councils to
say 'no' when the Government attempts to force your council to act at a speed which is
not a binding legal necessity.'
Complying with this Government directive has already cost the District rate payer £250,000.
Perhaps EFDC have now decided to say 'no'?
Since the SA / SEA were published last week TBAG have met with Eleanor Laing MP and both of our
Ward District Councillors.
Wrote a detailed site specific response to the SA / SEA which was sent to all members of the LDF
Cabinet Committee.
Sent a copy of Caroline Spelman's letter to all Conservative Councillors at EFDC.
Sent a copy of a report that St Albans District Council have issued legal proceedings at High Court
against the Secretary of State in a bid to quash the increase in the number of Gypsy and Traveller
pitches it needs to provide on the grounds that it is disproportionately high, to all Conservative
Councillors at EFDC.
Whilst we have no direct influence on the members of EFDC, the pressure that TBAG and the other
action and resident groups in the District are imposing may have influenced last night's
recommendations.
09 September
TBAG has, in conjunction with South Theydon Bois Residents' Association, sent the attached to all Councillors on the Local Development Framework Cabinet Committee in preparation for their scheduled meeting at EFDC on 10th September at 7pm
TBAG
Theydon Bois Action Group (TBAG) and South Theydon Bois Residents' Association (STBRA) are very disappointed by the Sustainability Appraisals and Strategic Environmental Report (SA/SEA) prepared by Essex County Council and published recently. TBAG and STBRA responded to the Consultation on Options Development Plan Provision for Gypsies and Travellers in Epping Forest District for sites 20b and 20c in Theydon Bois.
Although the SA states 'Coopersale Lane is a Protected Lane and additional activity and vehicle movement could have an adverse impact on its setting and integrity. Also, the site is close to the M11, abutting the 300m buffer, and could be affected by noise and pollution from motorway traffic. Use of the site would need to be subject to provision of satisfactory safe access.'
Councillors should be aware that both sites 20b and 20c are well within the 300m buffer of the M11. STBRA commissioned an acoustic report, which is recommended subject to PPG 24, which states that noise levels were in a high category C possibly a category D. Any development of traditional
construction approved within the guidelines of PPG 24 would ensure that sound levels within the dwelling would comply with the requirements of BS 8233: 1999, for internal noise levels. Traditional cavity wall construction incorporating good quality sealed unit double glazed windows would have a sound insulation rating in the order of RW 48 – 50 dB. Caravans and mobile homes are of considerably lighter construction and would therefore have a significantly lower sound insulation rating estimated to be in the range of Rw 30 – 35 dB. This would result in higher sound levels within caravans and mobile homes compared with dwellings of traditional construction.
Annexe 1 of PPG 24 provides guidance with regard to Planning and states the following;
Noise Exposure category C.
Planning permission should not normally be granted unless it can be shown that no alternative quieter location is available. If granted, conditions should be imposed to ensure a commensurate level of protection against noise.
Noise Exposure Category D.
Planning permission should normally be refused.
We have not investigated levels of pollution but these should be robustly checked.
There is currently no access onto the main road which would be close to the top of the hill, and in previous planning applications access of a similar type of vehicle onto Coopersale Lane, a Protected Lane, have been refused. In order to negotiate up to 20m long vehicles into Coopersale Lane, hedge rows, and ancient protected trees would have to be removed. Coopersale Lane has a weight restriction as does the bridge at Abridge. The railway viaduct on the Abridge Road (west) has a weak bridge weight restriction of 7.5 Tonne. There is no right of access through a weight restriction that protects a weak structure. It is therefore very difficult to ensure with sites 20b or 20c have ‘satisfactory safe access.’
Theydon Bois also has a 'Dark Sky' policy that has been recognised by the Planning Inspectorate. Communities and Local Government Draft Guidance on the Design of Sites for Gypsies and Travellers
states as: ‘Essential: The location of the site must provide a safe environment for the residents.’ Essential Sufficient lighting must be provided on the site to enable safe access and movement through the site at night for both pedestrians and vehicles. The street lighting
arrangements should be planned to minimise the risk of damage through vandalism and avoid problems of light pollution to the homes on the site through light shining into caravans, amenity buildings or park homes. It is recommended that the inclusion of recreational areas for children of all ages is considered where suitable provision is not available within walking distance on a safe route or using easily accessible public transport. The pedestrian route along Abridge Road from sites 20b and 20c to the shops, doctors surgery,school, railway station and playground would be via an unmade unlit path on a main road that is without speeding restrictions.
Would either of these locations provide a safe environment for the residents?
Site 20c is located on the top of the hill and is in a very exposed position which would not be conducive for caravan accommodation.
Site 20c is adjacent and 20b opposite the Marcris Nursing Home, this has also not been considered either in the Consultation or in the SA. It has been confirmed by the Marcris that any disturbance that may emanate from either of these sites would have a detrimental impact on the health and well being of their patients.
It would have seemed reasonable that Essex County Council engaged in a thorough and site specific sustainability analysis of all the sites selected for Epping Forest. It seems that they have based their assessments on the Consultation on Options document and not prepared an independent and exhaustive appraisal.
The entire process seems to unfavourably depend on access to public transport. The Myriad report on page 25 states ‘Respondents discussed factors they felt the district should consider when locating sites. Access to healthcare was elected 15 times, which ties strongly
with national data showing the difficulties Gypsy and Traveller’s have in accessing healthcare and the importance they place on established relationships with GP’ s. This was closely followed by access to schools, elected 13 times. Employability was a significant factor,
elected 12 times, yet this could be a gendered response. Access to the countryside and green spaces was very important particularly for families living in close proximity to one another. Having access to a town was identified 8 times, yet being away from the ‘settled community’
remained important. Service availabity also influenced the responses, access to water was mentioned 7 times, access to motorways and roads 6 times, and access to London, 5 times.’ Access to shops, ‘where we are left alone’ and ‘close to family’ were elected once each.
Access to public transport was not elected, although access to healthcare, shops, schools and public transport has been given equal weighting in the consultation of 25% each. If you apply the weighting of responses elected in the Myriad report healthcare would be 23%, access to schools 19%, employability 17.5%, if you take access to town and shops as one criteria it is 12.5%, access to water 10% access to motorways 8.5%, and access to London 7%, with the other criteria being 1.5% each.Employability was elected 17.5% however does not seem to have been properly considered in the consultation – Theydon Bois has little or no employment prospects.Sites 20b and 20c have been selected primarily because of their access to the railway line, in the Myriad report access to London was elected 7% however in the consultation it seems to have acquired a 25% weighting. Conversely areas of the district have been omitted because of their lack of access to London which is illogical.
Recent planning application’s for Gypsy and Traveller sites have been refused partly on the
grounds CP1, CP2, CP3.
EPF/1949/08 was refused for four reasons one of which was ‘The location of the site is inappropriate for the establishment of a gypsy caravan site due to the remoteness of community facilities and transport links, which will mean that the residents of the site will be largely
reliant on private cars. This is contrary to policies CP1, CP2, CP3 of the adopted Local Plan and Alterations.’
No one can disagree with Policy CP1 which seeks to;
Avoid, or at least minimise, impacts of development upon the environment, particularly in way that are likely to affect future generations. And where impacts cannot be avoided, to require
compensatory measures will be required to offset such impacts, taking into account that social and economic activities depend upon the maintenance of a stable and healthy environment for their continuance. Which also looks at ‘meeting the employment needs of those who are unemployed and secure / achieve a mix of local employment and commercial activities that both meet local needs and reduce the need to travel, and reduce reliance on use of the private car; avoid further commuting, especially where it is dependent upon private car use; Help achieve prudent use of natural resources; Avoid minimise the use of non-renewable resources, including Greenfield land.
Or policy CP3 New Development
‘In considering planning applications and in allocating land for development, the council will require the following criteria to be satisfied:
The development can be accommodated within the existing, committed or planned infrastructure capacity in the area (or that sufficient new infrastructure is provided by the new development / developer);
The development is accessible by existing, committed or planned sustainable means of transport;’
However planning policies, which may be appropriate for the settled community are being applied to the Gypsy and Traveller community which is not necessarily appropriate. This unreasonable insistence that the Gypsy and Traveller community use public transport and reduces their reliance of travelling by car fundamentally goes against the premise of being a Traveller and surely goes against their Human Rights.
Any development of sites 20b or 20c of 11 or 10 pitches would have an adverse impact on the existing infrastructure in Theydon Bois.
The Sustainability Appraisals and Strategic Environmental Report should not be approved at LDF Cabinet meeting on 10th September.
In order to fully respond to the consultation of the SA and SEA TBAG and STBRA will find it necessary to engage the services of a surveyor to accurately locate the site and the motorway and pollution consultant to check levels on both sites as well as planning professionals. The SA and
SEA are not robust or conclusive enough, it is not acceptable that EFDC rely on the residents that are contesting this inappropriate development to supply costly evidence.
It is time Epping Forest District Council defends the interests of the wider community notably in Epping Forest the district in which it serves!
3rd September 2009
The Draft Sustainability Appraisals and Strategic Environmental Report (SA/SEA) of all the sites selected for the Consultation on Options: Development Plan Provision for Gypsies and Travellers in Epping Forest District, have just been published by EFDC and will be debated at EFDC on 10th September at 7pm.
It is a requirement for local planning authorities when producing these documents to consider the wider social,environmental and economic effects; and how implementation of proposals set out by the documents may impact on existing and future conditions. The purpose of undertaking the SA/SEA at this stage of the process is to identify potential significant sustainability effects arising from the content of the Consultation on Options document. The outcome of this stage of the Appraisal is designed to assist the plan preparation process and, with the responses to the consultation, to inform future stages of the Gypsies and Travellers Development Plan Document (DPD). The DPD will be subject to additional appraisal before adoption, to take account of proposals and amendments that may arise from the consultation and this SA/SEA.
Each site was measured against 18 sustainability objectives, including 'to avoid unnecessary development of the countryside, to minimise the potential noise and health risks, especially those associated with sites near motorways and other major highways or railways' and 'to ensure the successful integration of existing and proposed residents and communities.'
The appraisal identifies site 20e (Former Crowther Nursery, Ongar Road Abridge ) as performing the most negatively against sustainability objectives in the Roding Valley Area. However the cumulative impacts of allocating sites should also be taken into account. Should sites 20b and 20c (Theydon Bois) both be allocated the cumulative impacts of potentially 21 pitches being delivered in close proximity may negate elements which were shown as positives in the current appraisal. In this instance the adverse cumulative impacts on the sites proposed and the adverse secondary impacts on this rural area between Theydon Garnon and Theydon Bois would negate the positive scores the sites achieve individually. It would therefore be more appropriate to allocate sites which may not perform as well individually, but where the cumulative impact to achieve the number of pitches required would be less in a given area.
The impact of each site was also measured against each question in the consultation. Sites 20b and 20c scored a major positive on three criteria, positive on four, neutral on five, negative on four and only a major negative on one. Although difficult to quantify the relevance of comparing the sites to the consultation questions, our sites scored relatively highly on having a major positive / positive impact.
The report continues;
The site is accessible to a range of local services and facilities within nearby Theydon Bois, including Theydon Bois Station (London Underground) which, with a reasonable bus service close to the site, affords good public transport links to other centres. The availability of services and public transport links would positively assist the quality of life of residents. The site would encroach into the countryside although impacts on visual amenity could be mitigated with appropriate boundary treatment. Coopersale Lane is a Protected Lane and additional activity and vehicle movement could have an adverse impact on its setting and integrity. Also, the site is close to the M11, abutting the 300m buffer, and could be affected by noise and pollution from motorway traffic. Use of the site would need to be subject to provision of satisfactory safe access.
The report continues;
The options contained in the document are unlikely to lead to large scale significant adverse effects beyond those identified in the appraisal. The draft objectives address key matters facing the Gypsy and Traveller community and Epping Forest District and positively seek to avoid adverse impacts whilst promoting positive benefits.
The key matters with potential for likely significant effects are:
delivery of sites in a timely manner to meet needs arising within Epping Forest District
relocating pitches from unauthorised and tolerated sites
relationships between the settled community and Gypsies and Travellers
accessibility to services and facilities by the Gypsy and Traveller community
The report concludes Epping Forest District Council, in considering the responses to the consultation on the Document and preparing the preferred strategy option, is recommended to consider, amongst other things;
a strategy for the relocation of pitches to allocated sites from existing unauthorised, tolerated or temporary sites;
identifying sites in the range of 6 to 15 pitches augmented by suitable smaller sites; (the proposed pitch size for 20b and 20c are 11 and 10 respectively)
sites in urban extensions or close to the larger settlements;
whether a transit/emergency stop-over facility of 25-30 pitches should be provided in preference to options for smaller sites that could better assist good management;
Please read the full report on the following link;
rds.eppingforestdc.gov.uk/Published/C00000623/M00005886/$$Supp5120dDocPackPublic.pdf?ku=30353527$RTW
It seems very likely that at least one of the sites selected for Theydon Bois, will go forward.
This report will be the subject of public consultation, we will provide further information of what you can do to support our village.
TBAG will continue to engage the services of planning professionals and lawyers, to do this we need your support. Our first fund raising event, dinner at the Queen Victoria Public House on 15th September is sold out.
Our second event is an AUCTION at the Village Hall on Thursday 3rd December.
Please support this event your village needs you!
The Sustainability Appraisals published below;
rds.eppingforestdc.gov.uk/Published/C00000623/M00005886/$$Supp5120dDocPackPublic.pdf?ku=30353527$RTW
rds.eppingforestdc.gov.uk/Published/C00000623/M00005886/AI00021353/$DraftSEARpt.docA.ps.pdf?ku=30353527$RTW
Sustainability Appraisals for each site will be published by EFDC on 2nd September in preparation for the LDF Cabinet meeting on 10th September.
18th August 2009
The Gypsy and Traveller situation seems to have fallen off people's radar locally - it has not gone away and TBAG is the only organisation in the village still fighting the issue.
TBAG has so far incurred expenses of almost £3,000. Along with six other resident groups in the district, as a member of Epping Forest District Residents Collective we have instructed a local solicitor and a barrister with Gypsy and Traveller expertise who helped us with the non site specific answers to the consultation document and who also examined the case for a Judicial Review. We have employed a planning consultant with unparalleled local knowledge who has highlighted sites that have been omitted from the consultation exercise that are, in his opinion, 'as good as' if not 'even better' than those selected by Epping Forest District Council. These sites are mostly located in an area of the district that was originally completely excluded from the consultation as unsuitable because of, amongst other things, a lack of public transport. We have now employed the services of a planning consultant who has Gypsy and Traveller expertise to work alongside the consultant with local knowledge and the barrister. This initiative will incur expenses of a further £1,000. We are requesting that the District Council commits to including, amongst other things, the omitted area of the district into the consultation exercise, however they have so far refused to do this. If the District Council refuses to accept the omitted sites research, the Collective may have to commit to further research which will be onerous and expensive. We believe the original consultation exercise by the District Council is seriously flawed, the consultant employed by them to produce the Consultation on Options has not had his contract renewed, and our research highlights the limitations of the whole exercise.
We are working closely with residents in the immediate vicinity of our proposed sites who have incurred significant expense between them. However TBAG's funds are limited and to continue to do our best for your village we need help from you! Focusing on both the site specific objectives and the wider district perspective, as a member of the Collective we feel that we are currently best representing the interests of Theydon Bois - but to continue we need your cash!
We are therefore pleased to announce our first fund raising event.
The date: Tuesday 15th September - 7.30 for 8.00pm
The event: Dinner @ the Queen Victoria Public House
In return: A three course meal with coffee or tea plus raffle
Ticket price: £20
For tickets and further information email
mail@theydonbois-actiongroup.co.uk
or telephone 07976 222774
In order for Theydon Bois to be professionally represented at an Examination in Public we need your financial support - unfortunately, planning consultants and barristers do not come cheap!
TBAG
PROTECTING THE VILLAGE OF THEYDON BOIS
www.theydonbois-actiongroup.co.uk
21st July 2009
'An important milestone towards the region providing adequate accommodation for Gypsies, Travellers and Travelling Showpeople in the East of England was reached on Monday 20th July.
Policies published as part of the Regional Spatial Strategy set out how many pitches and plots are needed in each district in the East of England to provide enough authorised pitches until 2021.
The figures have been agreed after extensive consultation and discussion with Local Authorities, planning bodies and community representatives, and will be written into local developments plans. By providing the right amount of authorised pitches in appropriate locations the policy will reduce the number of unauthorised sites without proper planning permission. This will also help to reduce enforcement costs to the taxpayer - estimated at around 18 million a year and improve community relations between the settled and non-settled communities across the region.'
The action groups comprising Epping Forest District Residents Collective had all individually lobbied the Secretary of State as your community representative's and had provided research, compiled by Thornwood Action, to back up our claims of a further reduction from 34 to 20 pitches and a reduction in the annual percentage increase from 3% to 1%. However the policy for the East of England has just been published and the requirement for the Epping Forest District remains at 34. In January 2006 Epping Forest District had 94 authorised pitches and must now have a minimum of 128 pitches by 2011. The East of England as a whole will have 3,019 pitches by 2011. 'Beyond 2011 provision should be made for an annual 3% compound increase in residential pitch provision equivalent to 1,038 additional pitches between 2011 and 2021 distributed on the basis of districts accommodating the same proportion of the regional requirement. The 3% compound increase in provision will ensure that accommodation will be available to meet the continuing needs after 2011.'
The report also comments that 'Development Plan Documents should consider the need for rural exception sites and the alteration of Green Belt boundaries where necessary, to meet the required provision.'
Barbara Follett, Minister for the East of England, said:
"Today's publication of the review of the Regional Spatial Strategy is a positive step towards addressing the serious disadvantages experienced by members of the travelling communities who have a life expectancy 10-12 years below the regional average, and huge challenges accessing education and health services.
It is vital that we address the housing needs of everyone in our communities, including Gypsies and Travellers. By ensuring sufficient provision of well-managed, authorised sites, we can help stop the negative and costly cycle of evictions from unauthorised sites that is costly to the taxpayer and impacts on the quality of life for the travelling community and can be so disruptive to all of our communities."
Communities Secretary John Denham said:
"The Government has put funding in place for local authorities to provide new authorised sites and an effective enforcement framework that gives them the tools to tackle unauthorised developments. All local authorities must make rapid progress on making full use of these powers whenever they are needed.
Effective management of what is often a controversial issue must mean providing the right number of pitches for Gypsies and Travellers in the appropriate locations, but also ensuring the genuine concerns of the settled community are understood and addressed. Making progress and balancing everyone's needs requires proper leadership and action."
Today's announcement builds on the draft policy submitted by the East of England Regional Assembly (EERA) to the Secretary of State for Communities and Local Government in February 2008. This draft policy was then consulted on and tested at an Examination in Public in October 2008. Proposed changes to the policy were published for public consultation in March 2009.
The final policies provide a framework for local planning authorities, who can then take local decisions about the location and distribution of the pitches. The policy has been developed to ensure a more equitable distribution of the additional requirements across Local Authority areas.
www.go-east.gov.uk/goeast/news/839 309/
Read the full report and related documents at:
www.gos.gov.uk/goeast/planning/regional_planning/687221/
24th June
Reply from EFDC to our letter of 2nd February.
Click here to download this file
Click here to download this file
23rd May
Theydon Bois Action Group would like to take this opportunity to thank the small number of very generous residents that have donated £1,725 to us. Your donations have enabled us to continue to instruct the services of professionals in our quest to ensure that our village is accepted as being inappropriate for the location of Gypsy and Traveller pitches, and that the total requirement for the district is reduced. We have thus far incurred expenses of £2,178.
On Wednesday we responded to the Secretary of State’s Proposed Changes to the draft policy on Gypsy and Traveller accommodation in the East of England which was the subject of consultation. In the proposed changes the Secretary of State has stated that due to ‘delivery problems’ the number of additional pitches required by Epping Forest District should be reduced from 49 to 34. Epping Forest District Council is responding that a number of no more than 20 would be more appropriate. Members of Thornwood Action, a fellow member of Epping Forest District Residents Collective, have conducted exhaustive research that indicates on five levels that the number of additional pitches required by the district should be much lower than 34, nearer to 19. Their research indicates that with an additional requirement of 34 by 2011 Epping Forest District would have the second highest number of authorised pitches, highest number of pitches per hectare of unconstrained land, highest number of pitches per population, highest number of pitches to planned new dwelling and the second highest concentration in relation to the distribution of construction and agriculture employment in Essex, just behind Basildon!
Members of EFDRC, including TBAG, have responded to the consultation supporting EFDC’s request for a further reduction to no more than 20 pitches. We have the additional support of Eleanor Laing MP who has also responded to the Secretary of State. We are hoping unanimity on this will deliver a powerful message. We also believe that a 3% compound growth rate of pitches is excessive and have evidence to back a growth rate of nearer 1%.
Research into the ‘omitted’ sites, which is being conducted by a planning professional, the first stage of which has been completed.
Essex County Council will soon be publishing Sustainability Appraisals on each of the sites selected. This information will form part of the ‘ evidence’ that will dictate if our sites 20b and 20c are taken forward. If appropriate, it may be necessary to instruct a planning professional to respond to the Sustainability Appraisals. We will keep you informed via email and website when the consultation on the appraisals commences.
20th May
TBAG response to the Consultation 'The Secretary of State's Proposed Changes to the Draft Revision to the Regional Spacial Strategy and Statement of Reasons'
Click here to download this file
Click here to download this file
9th May
TBAG is currently preparing a response, in conjunction with Epping Forest District Residents Collective, to 'The Secretary of State's Proposed Changes to the Draft Revision to the Regional Spacial Strategy and Statement of Reasons'. In this Draft Revision prepared by the Government Office for the East of England, EFDC is required to provide 34 pitches, a reduction from 49. At the EFDC Cabinet Meeting of 20th April it was decided that 'Epping Forest District Council welcomes the reduction in pitches within the District to 34, from the original 49, but still considers this to be too high and will press for further reductions; a provision of no more than 20 pitches within the District would be considered by the Council to be more reasonable on the grounds of deliverability and local need'.
The Sustainability Appraisal, which is being prepared by the County Council, will be discussed at the EFDC Local Development Framework Cabinet Meeting on 11th June and published shortly after. The appraisals will then be the subject of public consultation for a period of 6 weeks. The sustainability of the specific sites is important, they will have an important role to play and, along with the 'technical' responses to the consultation, will form the 'technical response' that will help designate the sites into either category A, B or C.
A - Rejected for clear technical reasons or significant other problems.
B - Rejected for marginal technical reasons and / or difficult to mitigate other problems. Further research required.
C - Potential sites for consultation within final report.
See the flow chart for further information;
www.theydonbois-actiongroup.co.uk/page29.htm
Please feel free to respond to the Secretary of State about the number of pitches for Epping Forest District by 22nd May 2009. Read the full report;
www.theydonbois-actiongroup.co.uk/page34.htm
Please feel free to comment on the Sustainability Appraisals issued by Essex County Council, when published, by some point at the end of August. We will let you know when they are published.
It is likely that in the best interests of the village TBAG may seek professional planning advice at this stage which may require additional funding. We have raised £1,500 so far, many thanks to the generosity of local residents. This will cover the 'Omitted Sites' research currently being conducted. However we may need additional funds if we are to commit going forward to employing professional planners, solicitors and barristers.
EFDC has stated that it is no longer possible for them to comply with the end of September submission date; this situation is not going to go away any time soon unless the two sites identified in Theydon Bois are 'unsustainable' and are categorised as level A sites!
20th April 2009
There is a Cabinet meeting at EFDC on 20th April, two items referring to the Gypsy and Traveller Consultation exercise appear on the agenda. Important decisions will be taken tonight with regard to how the consultation and the site selection process goes forward.
Recommendation decisions required:
1) To agree the methodology that will be used for analysing the responses to the options consultation on sites potentially suitable for Gypsies and Travellers;
2) To approve the addition to the website of the simplified flow diagram which outlines the process of analysis; and
3) To note the Sustainability Appraisal, which has been prepared by the County Council, will be published for public consultation for a period of 6 weeks.
The report describes how a "filtering" process is being used to narrow down the final selection of potentially suitable sites for pitches for Gypsies and Travellers. The process will place sites in one of three categories A,B or C. Those in A are where significant problems have been identified which cannot be mitigated, and therefore no further analysis of these sites will take place. The sites in B also have problems but more research is being undertaken to assess the importance of these issues, and the final decision will place these sites in either A or C. Those in C have no significant problems identified by the consultation, but this simply means they will not be eliminated at this stage.
We have attached the comprehensive flow chart (1), and a simpler version intended for the website (2).
Click here to download this file
Click here to download this file
Read the full agenda on the following link;
rds.eppingforestdc.gov.uk/Published/C00000295/M00005208/$$ADocPackPublic.pdf?ku=27369921$SPT
Lets just hope that both of our identified sites have significant problems that cannot be mitigated.
TBAG
30th March 2009
Villagers
The Secretary of State has today published her proposed changes to the Draft Revision to the Regional Spatial Strategy and Statement of Reasons for Accommodation for Gypsy and Travellers and Travelling Showpeople in the East of England.
Key elements of the Secretary of State's proposed changes include:
Increasing the numbers of additional pitches to be provided in the East of England by 2011 from 1,187 to 1,237 (4.2 per cent.) and treating them as minima;
Including provision for transit sites, 160 pitches by 2011;
Including provision for travelling showpeople, 184 pitches by 2011; and
Lower pitch requirements for Basildon and Epping Forest, recognising the particular delivery challenges in those districts.
You can read the full report at:
www.theydonbois-actiongroup.co.uk/page34.htm
The Secretary of State disagreed with the request to reduce the pitch provision in Epping Forest by 10 to 39 and has proposed that the pitch provision should be reduced by 15 to 34.
Epping Forest had 94 authorized pitches in 2006, with an increase of 34 our minimum pitch provision should be 128 by 2011.
The Draft Revisions will now be subject to an eight week consultation period ending on 22 May 2009.
TBAG
1st March 2009
YOUR DONATIONS ARE WELCOME TO HELP OUR VILLAGE
Theydon Bois Action Group prepared the response for the village to the Consultation on Options: Development Plan Provision for Gypsies and Travellers in Epping Forest. This submission, that was endorsed by almost 700 residents was further endorsed by Theydon Bois Parish Council and Theydon Bois & District Rural Preservation Society. The consultation date has now closed but that does not mean work on the plan will stop.
TBAG joined, along with six other resident / action groups, the Epping Forest District Residents Collective (EFDRC). We have been specifically looking at a legal challenge and have appointed a local solicitor who in turn has instructed Counsel. Eleanor Laing MP has facilitated these meetings and remains very supportive.
We have been advised that the next step in the process as well as a potential legal challenge is the exploration of 'omitted sites'. We expect EFDC to publish its final proposed Development Plan Document sometime in the autumn 2009. There will then be a six-week public consultation period, during which we can make further comments, before it is formally submitted to the Secretary of State, probably early in 2010. An examination in public should then take place.
The opinion of our Counsel, is that post the closing date we can still submit documents to EFDC for consideration, particularly in respect of 'omission sites'. It would obviously be better if we alert EFDC to such sites at the earliest opportunity so that they can be properly investigated and hopefully be reflected in the draft Development Plan Document, rather than wait until the formal six week consultation period on the draft DPD by which time it will be very late in the process. EFDRC believe that we should now challenge EFDC on the site selection process, particularly the focus on the North West of the district and the complete omission of the South and East, which for example could share the pitch burden with towns like Ongar, Loughton, Debden etc., many of which would have high 'amenity scores' and we expect more brownfield non-Green Belt sites for consideration. The cost of this additional research cannot currently be met from TBAG reserves.
TBAG has so far committed £2,000 to the EFDRC legal challenge with the help of South Theydon Bois Residents Association. STBRA and TBAG worked closely together and shared expertise and research to compile two complementary responses to the consultation for Theydon Bois.
Up until now, we have resisted asking residents directly for financial contributions, although some have already been very generous. In order that we can contribute to EFDRC's appointment of an expert to investigate 'omitted sites' we need more funds. If you feel that the Green Belt is important to Theydon Bois and that this situation would compromise our village and its special character then please help us financially. In order to keep the momentum going and particularly keep the cohesiveness of all of the seven groups at this time please send cheques payable to Theydon Bois Action Group c/o 68 Forest Drive, Theydon Bois CM16 7EZ. A formal receipt will be provided for any funding offered.
Thank you for your anticipated support to help our village.
-----------------
19th February 2009
Report to the 'Associations' and their members on present legal issues relating to the Gypsy and Traveller Consultation Document and Response.
The Associations who have given instructions to us are those identified in Schedule1.
The Instructions given are consequent to the Meeting held on 6th December 2008 chaired by Eleanor Laing M.P.
Those instructions were:
To take Counsel's Advice upon matters of law relating to the issue of the 'Direction' served by the Government Office for the East of England ('Go East') on Epping Forest District Council ('EFDC') on 17th September 2007 and matters consequent thereupon.
To give advice following Counsel's involvement, on the most appropriate and effective means of responding to the Consultation Document then required to be delivered to EFDC by 6th February 2009.
Immediately following the receipt of the instructions we put in hand the preparation and delivery of extensive and comprehensive instructions to specialist Counsel - Robert Lewis. Robert Lewis was selected because of his extensive experience not only as a planning barrister but particularly because of his acknowledged expertise in dealing with gypsy and traveller issues both for local authorities and private individuals. He also has specific experience in dealing with the issues in hand, namely the planning policy framework now being undertaken by EFDC as a result of the Direction.We had a long Conference with Robert Lewis at his Chambers in London on the 14th January 2009 when the relevant documents were all reviewed and discussed in order to see that he was fully and properly acquainted with all of the issues and able to give Advice.
Robert Lewis attended the next meeting of the Associations held at Loughton on Saturday 17th January and which was again chaired by Eleanor Laing. He made a very full and comprehensive presentation to the Associations, in dealing with all matters of law, and practice relating to the Direction and the way in which this was required to be dealt with 'from beginning to end'.
A summary of this and related aspects are attached at Schedule 2.
He also dealt specifically with the importance of completion and return of the Consultation Responses to the EFDC within the time allowed so as to ensure that all issues were comprehensively raised with them.
In dealing with the issue of the Consultation Responses he clarified and explained a number of the 'limitations' imposed by EFDC within these documents and in particular
The inability to challenge the fundamental 'policy' being applied, namely that the Direction had been imposed upon EFDC by the Secretary of State via Go East and which was decided Government policy.
The legal issues relating to 'race relations' already decided by the Courts and how these have limited criticism of the Gypsy and Traveller Community.
The issues relating to obvious assertions as to land values and other consequences of the establishment of Gypsy and Traveller Communities.
It must be understood that the above limitations are limitations in the legal process - we have constantly made clear that there are other avenues for expression of dissatisfaction of these issues by political protest and lawful demonstration. We do however believe that all of these points will need to be reviewed and considered, and where appropriate supported with proper evidence, at the forthcoming Examination In Public to which we refer below.
As a consequence of this presentation, and in particular with regard to the preparation of the most effective responses to the consultation process, it was agreed that a further meeting with representatives of the Associations and Counsel be held to review drafting and this meeting was held on Monday 26th January 2009 at Epping.
Again we believe this meeting was very helpful as it enabled individual Associations to raise and discuss their own points on the Consultation Responses and also enabled more unified and cohesive responses to be formulated.
Robert Lewis has continued to give advice on specific issues relevant to the process and the wider issues involved.
The present position is that the Associations delivered their individual responses on the 6th February to EFDC although the consultation does not close until 20th February 2009.
Our present understanding of the immediate timetable is that EFDC anticipate a draft 'submission document' will be put before the Council for decision in June/July this year, following the consideration by officers/consultants of all the Consultation Responses. This may seek to carry forward as few as 6 or 7 sites to meet the 'required' numbers for Gypsy and Traveller provision. Following the Council approving such submission document it will be published and a period for 'representations' allowed, following which it will be submitted to the Secretary of State as a draft Development Plan Document. EFDC do not now apparently anticipate any further period of consultation, only the period for representation as above. Thereafter the Secretary of State will arrange for an Examination In Public and to be held by an Examiner. The decision as to final selection of sites and policy will then be taken by the Examiner and as to the final form of the Development Plan Document and whilst that will be the final form of the document it will remain a matter for EFDC then to take a decision to formally adopt the document as part of their planning policy.
We do not intend within this note to make any further comment as to the issues arising following the completion of the Consultation exercise but would propose another meeting with the Associations to review the way forward and in particular as to the concurrent issues relating to:
the finalisation of the Regional Planning Policies relating to Gypsy and Traveller provision and the requisite number of pitches
the preparation for and representation at the Examination In Public and with regard to the sites identified and the policy generally
all of which remain extremely relevant and important.
SCHEDULE 1
THE ASSOCIATIONS :-
Theydon Bois Action Group
Thornwood Action Group
Epping Green Village Association
Epping Residents Group
Abridge Action Group
Waltham Abbey Residents Association
North Weald Residents Association
SCHEDULE 2
(i) The background by which Go East decided to make a Direction against EFDC as a consequence of EFDC's failure/delay in formulating so far as the Secretary of State was concerned an acceptable policy for Gypsies and Travellers.
(ii) The Direction required EFDC to prepare and submit to Go East a 'Development Plan Document' for specific Gypsy/Traveller provision within the Epping Forest District. The steps which EFDC then took by seeking on its own account Counsel's Advice in respect of the Go East action and his, Robert Lewis', agreement with that Advice that was given to the Council, namely that a judicial challenge against the Direction was inappropriate and highly unlikely to be successful.
(iii) The procedural steps by which the Government's said Direction required a Development Plan Document to be formulated for specific identification and provision of Gypsy and Traveller pitches in the Epping Forest district and that policy to be put in place as part of the statutory planning framework with particularly the completion and submission to the Government of the draft policy by September 2009, following which the Government would then fix an Examination In Public for review of that policy by an Examiner. The present consultation exercise was an integral part of the required formulation of that policy and in turn was not properly capable of a judicial challenge.
(iv) The issues which the Examiner would properly consider at the Examination In Public included:-
The appropriateness of inclusion of specific sites
The omission of 'better sites' for selection although the Examiner could only include new sites if they have been the subject of a sustainability appraisal. Those proposing alternative sites would therefore be required to carry out that exercise unless EFDC adopts them and carries out the exercise itself.
General deficiencies in the draft policy and the Consultation documentation as put forward by EFDC.
(v) The ongoing stages within the overall process where there are statutory rights to seek 'judicial review' in the Administrative Court and in particular:
The finalisation of the Government's East of England Plan Gypsy Policy - there is a six week time period from the publication of this Policy and in which any challenge must be made. It is too soon to know whether grounds may exist here.
The Examiner's Report following adoption/approval following the Examination In Public - again there is a six week period in which any such challenge must be made. If substantiated objections are raised at the Examination (depending upon whether the Examiner is able to correct them) this may delay its finalisation. Thereafter if challenged in the Court and if, as a consequence, the DPD is quashed, then the whole process would have to start afresh.
(It is important to note though that these 'challenges' are not simply appeals by dissatisfied parties as to 'factual issues' - they have to be challenges which are based on matters of law only and it is too early to know presently whether any such challenges exist.)
(vi) In particular there should be continuing monitoring of the Essex GTAA (Gypsy and Traveller Accommodation Assessment) and the results thereof which may have a bearing on the Secretary of State's final decision on the Government's East of England Plan.
FOSKETT MARR GADSBY & HEAD LLP, Solicitors
181 High Street, Epping, Essex, CM16 4BQ
29th January 2009
Theydon Bois Action Group has been instrumental in producing the response to the Consultation on Options Development Plan Provision for Gypsies and Travellers in Epping Forest District for the two potential sites in Theydon Bois. As well as researching and compiling the response we have committed financially with six other resident groups in the area, forming Epping Forest District Residents Collective, for expert legal advice, which may be ongoing. A few very generous individuals have aided us in this quest - thank you.
TBAG has also helped the immediate residents, South Theydon Bois Residents Association. STBRA have invested a considerable amount of money and gained the expertise of Planning, Acoustic, and Highway consultants as well as the advice of a barrister specialising in Planning Law. The expert advice that has been obtained by STBRA has been generously shared with us and has been included in the TBAG response.
The TBAG response has been endorsed by both Theydon Bois Parish Council and Theydon Bois Rural Preservation Society.
Epping Forest District Council expect to receive submissions from literally "thousands" of residents this coming Monday. Many are using the right to submit proxy votes under the consultation process.
Residents groups have organised to hand in their responses to Elected Officers at 10.30 on Monday 2nd February at the District Council offices in Epping High St on behalf of all the residents in the area that have 'signed-up' to a group submission compiled by their resident or action group.
Leader of the Council Di Collins will receive these submissions. Councillor Collins has stated publicly "Compulsory Purchase" will not be used, adding "except as a last resort", a fear shared in particular by those residents whose gardens have been selected, or where the site proposed is actively used to provide recreation to many, including children.
Local residents have responded in such large numbers not because they are unsympathetic to Gypsies and Travellers, but because of the way they feel. The selection process of the potential sites by the EFDC consultant seems totally arbitrary. The majority in this District feel they are being ridden over 'rough shod' by unelected Quangos, Go East, appointed by the Government.
The Green Belt is likely to be changed significantly if any number of the proposed sites are selected, commented a consultant planner, adding there are better ways to achieve the objectives. Residents may ask; "is this the thin end of the wedge?"
Epping Forest MP, Eleanor Laing said:-
"I have met hundreds of my constituents and received enormous numbers of letters and e-mails, so I am well aware of the strength of feeling about this matter. The Epping Forest district already provides a large number of sites for gypsies and travellers - far more than our fair share compared with the rest of the country. The Government is simply wrong to dictate that our little area, much of it restricted by Green Belt and Ancient Forest lands, should provide even more sites. I am doing all I can to make the Government hear the voice of the people of Epping Forest; it's time they listened to the silent majority."
Eleanor Laing, Epping Forest MP, will also be at the hand over on Monday
Individual residents are welcome to support their submitted views by attending the handover on Monday, but this is not being promoted as any kind of rally or protest.
The Theydon Bois Action Group full response can be viewed on our website.
www.theydonbois-actiongroup.co.uk
9th January 2009
Villagers
The Metropolitan Green Belt surrounding our village is currently under threat from three development proposals:
1, EPF/2439/08 , an application for a commuter car park on the Old Foresters site behind Forest Drive for 160 spaces with a possible extension to 350 spaces.
Commuters that may choose to pay to use this car park will not bring business to the village, they will not use the local shops. The development will just compromise our Green Belt with no local benefit. Commuters will continue to park where they can, for free in our roads and the resultant traffic will just cause more congestion in our village.
You have until the 20th January to comment on this application EPF/2439/08
@ Planning Dept. Civic Offices, High Street, Epping, CM16 4BZ.
2, is the fact that 104 hectares of land including Blunts Farm, the Old Foresters and additional farmland to the railway line has been put forward, for potential housing development as part of EFDC's 'Call for Sites' exercise. View the list here:
Whilst leader of EFDC, Cllr. John Knapman said in a Guardian article on 2nd April 2006 headed 'Residents battle to save village'
www.eppingforestdc.gov.uk/Library/files/planning/Call%20for%20sites%20provisional%20list.pdf
"Theydon Bois residents need to realise that when the green belt boundaries are re-examined towards the end of this year and throughout 2007, sites close to existing transport infrastructure will have to be considered. That is not to say it is a good idea to build at Theydon Bois but residents should realise their case is perhaps weaker than those seeking to save the green belt south of Harlow where there is no transport infrastructure at all. Sometimes saying no to everything can backfire and residents end up with a far worse situation than was ever envisaged."
Residents of Theydon Bois are very protective of their green spaces and the defence of the Metropolitan Green Belt is paramount. We will continue to say NO to inappropriate development that harms the Green Belt and the openness of our village.
3, relates to the two potential Gypsy and Traveller sites located in Coopersale Lane and at the junction of Coopersale Lane and Abridge Road for a total of 21 pitches at least 42 caravans.
TBAG has prepared location specific responses to potential sites 20b and 20c, which are Green Field sites in the Metropolitan Green Belt. EFDC has indicated that because much of the District is designated Green Belt, the Authority intends to seek an exceptional limited alteration to defined Green Belt boundaries.
If you would like to 'sign-up' to a group response concerning Gypsy and Traveller sites please visit our website to view the answers to the questionnaire.
www.theydonbois-actiongroup.co.uk/page31.htm
You can then either copy our answers onto your questionnaire, online or in paper form or complete the group response form at the following meeting.
Eleanor Laing will be attending a TBPC meeting at Theydon Bois Primary School Hall on Friday 16th January at 7.30pm, please attend for advice on how to complete your questionnaire.
Do not forget each adult in your household can complete a questionnaire and / or ' sign up' to a group response.
Non completion of this Consultation could be construed as acceptance of the proposal for development of our Green Belt and set a precedent for further development, which could be significant.
Regular updates and information is posted on our website
www.theydonbois-actiongroup.co.uk
Our Green Belt is at risk from three distinct but connected threats. If we do not rigorously fight each of these applications then a dangerous precedent may be set that will damage the special character of our village.
Theydon Bois Action Group
1st January 2009
Villagers
The following article, Council disregard objections of 3,000 residents to traveller site as 'they are racist' , appeared in the Daily Mail on 30th December.
www.dailymail.co.uk/news/article-1102 867/Council-disregard-objections-3-00 0-residents-traveller-site-racist.html
TBAG would like to take this opportunity to reiterate to residents that their comments on the consultation on the two proposed sites for Theydon Bois should be based on planning grounds. Any comments that EFDC may see as irreverent could be disregarded. To make your view count it should be focused and relevant, please do not base your submission on rumour and gossip.
We are currently preparing a very detailed submission which includes the opinions and advice of planning professionals. We will make this 'evidence' available to all, via the website
www.theydonbois-actiongroup.co.uk by the third week of January.
So please if you are in any doubt as to how to complete the questionnaire and wish to 'sign up' to the TBAG response please wait and relevant planning objections will be available to you soon.
Please also note that a planning application for a large commuter car park on the Old Foresters site, which is Green Belt, has been submitted by the developers responsible for Blunts Farm. Please comment on EPF/2439/08 to EFDC copy TBPC and Eleanor Laing by 20th January 2009.
Happy New Year
TBAG
23rd December
It cannot have escaped your attention that Epping Forest District is currently performing a Consultation on Options: Development Plan Provision for Gypsies and Travellers in Epping Forest District. Go East has now published Regional Spatial Strategy Single Issue Review Planning for Gypsy and Traveller Accommodation in the East of England.
www.goeast.gov.uk/goee/docs/193657/193668/ReportfinalrevDec08.pdf
'A review of the East of England Plan will establish targets for all authorities in the region. The level has yet to be finalised, and Epping Forest has disputed the draft figure, which is for an additional 49 pitches in the district by 2011 with a 3% annual increase (from planned 2011 levels) in the total number of pitches thereafter, to reflect household growth. On the basis of emerging evidence from research in Essex EFDC estimates the need at 35 pitches.'
The Report of the Panel published last week states that there are 476 authorised pitches in Essex, the calculated need is 389. There are 94 authorised pitches in Epping Forest, Draft Policy H4 calculates the 2006-2011 requirement at 49 pitches, a total of 143 pitches, the second highest requirement in the area. Harlow has 34 pitches with a requirement for 15 more giving a total of 49 pitches. The report continues. 'Harlow is urban and surrounded by the Green Belt, which constrains much of Epping Forest DC. The current position is that the number of additional pitches sought as a proportion of total new dwellings is much higher that for any other district in the region. Accordingly we recommend that the requirement to be met in Epping Forest should be reduced by 10 pitches to 39.'
Although EFDC hoped to provide 35 pitches our requirement is now 39 pitches by 2011.
Also of interest 'Hence in the short term the implications of Draft Policy H4 are that a case may need to be made in some Local Development Documents for minor Green Belt boundary changes, as envisaged in Circular 01/006, once opportunities outside the Green Belt have been fully explored. In our view the regional requirement would provide the necessary exceptional circumstance because of the following important considerations which underlie the distribution.'
TBAG are currently researching site specific reasons why sites 20b and 20c are not appropriate for a total of 21 Gypsy and Traveller pitches.
We should have this information available by the end of January. We are working with other groups, forming the Epping Forest District Residents Collective and are supporting a potential Judicial Review of the EFDC consultation process and document.
For further information please check out the website:
www.theydonbois-actiongroup.co.uk
Do not complete your questionnaire until you have received the site specific data that we will be providing for you by the end of January.
If you have a moment over the festive season check out the 'Call for Sites' list at:
www.eppingforestdc.gov.uk/Library/files/planning / Call %20fo r%20 sites%20provisional%20list.pdf
Merry Christmas
22nd December
Go East reduce the requirement for EFDC pitch provison from 49 to 39. Read the full report at:
www.goeast.gov.uk/goee/docs/193657/193668/ReportfinalrevDec08.pdf
9th December
Theydon Bois Action Group attended a meeting, accompanied by other resident and action groups in the Epping Forest District with Eleanor Laing MP at the weekend. Groups representing Epping, Abridge, North Weald, Thornwood, Waltham Abbey, Roydon and Theydon Bois have agreed to work together under an umbrella organisation.
Mrs Laing confirmed that the Epping Forest District area was not anti Gypsy or Traveller. The district already accommodates 90 Gypsy and Traveller pitches, that would equate to between 400 and 500 individuals and traditionally there is a good relationship between the travelling and settled community. She advised that there are 9 regions in the UK. The Eastern Region already accommodates 25% of the total UK Gypsy and Traveller population. Essex and Cambridgeshire accommodate more than the rest of the region at 53%. Epping Forest District accommodates more than its share in the county.
Three strategies were agreed at the meeting;
Eleanor Laing will continue to challenge the Government on its policy.
TBAG will continue to research objections to the sites in Theydon Bois. Completion of the questionnaire by 6th February with these site specific objections will be fundamental to the consultation process. All the other groups will be doing the same.
All the groups present agreed to fund up to £2,000 each to mount the first stage in a legal challenge against Epping Forest District Council. The challenge, which was presented by Foskett Marr Gadsby and Head will seek a Judicial Review of the consultation document. As well as questioning and highlighting the consultation it would also work to delay the process. Mrs Laing confirmed that a Conservative Government, if elected, would reverse the requirement for Councils to accommodate more Gypsy and Traveller pitches.
We will have produced our response by early in the New Year and will disseminate this response via website and email. Residents that wish to 'sign up' to the TBAG response need to complete their name and address and sign a form. So please do not rush to complete your questionnaire untill you have recieved a copy of the TBAG response. EFDC has confirmed that residents can complete both an individual response and 'sign up' to a joint response. Please try and help friends and neighbours complete their questionnaires, QUALITY of responses will be essential if we are to ensure our sites are not selected.
TBAG, with the aid of residents living in the immediate vicinity of the potential sites, is able at present to cover the initial £2,000 cost. However our funds are very limited, the bulk of which come from a cost award against Blunts Farm Estates Limited. If the legal challenge does result in a Judicial Review it will be necessary to raise additional funds.
We hope we can rely on your support to help us try and protect our Green Belt from inappropriate development.
TBAG
30th November
Villagers
Our village needs your help!
We need to pull together at this time in order to properly address the Consultation on Options: Provision of Sites for Gypsies and Travellers in Epping Forest.
Theydon Bois Action Group is currently compiling 'evidence' that may ensure that the two proposed sites in Theydon Bois are unsuitable for inclusion in the local provision.
We are working both for our village and with other groups, for the District as a whole.
We need the help and advice of local professional Planners, Lawyers, Surveyors, and anyone that may have expertise who can help the village properly address this consultation.
Already, we are in the process of researching planning and environmental issues including;
Green Belt, Protected Lane, proximity to the motorway, 'Dark Sky Policy', local gas supply, sewerage system, availability at local schools, shops, public transport, provision of health care, pollution and contaminated land, weight restrictions and the pavement and dangerous roadway.
If anyone has any further ideas that we could research could they please contact us as soon as possible?
If anyone knows professionals with relevant experience who would be willing to help, please contact us.
We are committed to compiling our research and sharing it with residents who feel they need help in completing the onerous consultation document.
Do not despair and do not panic. There is some time yet - and there is help at hand for those who need it, and welcome it.
Please do not feel that you have to rush to complete the questionnaire. We will ensure information is available; information that may help us protect our Green Belt from inclusion in this inappropriate scheme.
Please forward this email to anyone that you feel may be interested and/or may be able to help us all - after all, it is in everyone's interest to get involved in some way.
For further, up-to-date information including frequently asked questions and a reading list please visit:
www.theydonbois-actiongroup.co.uk
Please also check out:
www.essex-says-no.org.uk
www.northweald.org.uk
www.thornwoodaction.com
www.walthamabbeyresidentsassociation.co.uk
www.eppingresidentsgroup.com
21st November
STOP PRESS the deadline has now been increased to 5pm on 6th February '09.
During the last seven weeks that we have known about the Consultation on Options: Development Plan Provision for Gypsies and Travellers in Epping Forest District we have been asked many questions by concerned residents. EFDC have produced some answers to some frequently asked questions, but it is not exhaustive.
www.eppingforestdc.gov.uk/Council_Services/planning/forward_planning/GandT/frequently_asked_questions.asp
With this in mind we have asked Councillor Anne Grigg, the Planning and Economic Development Portfolio Holder, to answer the following questions:
1) How many Gypsies and Travellers currently require pitches in the Epping Forest District?
The 49 pitch requirement by 2011 is based on the government estimate of this. We think the number is lower. Appendix 3 refers. Gypsies and Travellers themselves in EFDC state a requirement for 44 pitches from a 20% sample (note this cannot always be assigned to a single district as respondents may be referring to extended families living in multiple locations).
2) How many 'evicted' Gypsies and Travellers are there currently looking for pitches in the Epping Forest District?
Not all of those on unauthorised pitches have been evicted. Regionally there are G&Ts who have been previously evicted from historic sites such as Epping Lane. Under the government approach this 'need' now rests where these people now reside. In addition there is of course the proposed and refused pitches at the Meadows Bumbles Green for which we have received a temporary injunction to prevent occupancy.
3) Would inhabitants of these sites occupy them on permanent or temporary basis?
All possible sites are permanent, but the possibility of a transit site at Merlin Way has also been consulted on.
4) Assuming that EFDC would become the owners of the land who would manage and or supervise the Gypsies and or Travellers?
It is unlikely that EFDC would be owners themselves, please refer to section D page 70 onwards. See also FAQs with section on management/supervision of sites. RSls or other bodies running sites would have to comply with strict management requirements.
5) If the land is developed for Gypsy and Traveller pitches would the land remain Metropolitan Green Belt, or would this development set a precedent for the further development of the Green Belt locally?
Yes it would remain. No it would not set a precedent. Circular 1/2006 is quite clear on this point. See section 9 of the document page 18.
6) Bearing in mind the EFDC 'Call for Sites' survey, could these developments set a precedent for development on the Green Belt locally, i.e. Blunts Farm?
No, see above, whenever a developer wishes to make a case for 'very special circumstances' they need to make it on individual and site specific terms.
7) If the crime rate in Theydon Bois does increase would the location of a permanently manned Police Station be considered?
Please refer to the police. We do not consider this is unlikely.
8) If the crime rate does increase will police numbers be increased to patrol Theydon Bois?
No answer.
9) Who can we hold accountable locally if the crime rate increases and the reputation of the area becomes tarnished?
No answer.
10) Council Tax would be collected under band A currently £936 in the parish of Theydon Bois, would that be £936 per pitch regardless of how many caravans there are on one pitch?
Please refer to Council tax section.
11) Assuming that EFDC are the owners of the land how much rent would EFDC collect from the occupiers of the site?
See above- this is unlikely. Benchmark rents are set by government; please refer to ECC for current publicly run sites in the county. On such sites infrastructure costs and amenity block construction costs are high and licence fees and rents do not cover these.
12) Will the location of these sites in Theydon Bois effect the amount of council tax currently being paid by residents?
None of the possible sites are in Theydon Bois. Two possible sites are in Theydon Garnon. See FAQS. No (This is incorrect both sites are in Theydon Bois)
13) Will EFDC conduct credit checks on the occupants to ensure that they are credit worthy?
A credit check requires an address, G&Ts in need and without authorised pitches do not have recognised addresses.
14) Who will be held accountable and or be responsible should residents have problems with occupants of the sites?
See FAQs. Those responsible for anti-social behaviour will be held to account in the same way as all other citizens.
15) Will these sites be permanently monitored regarding rubbish, health and safety, hygiene etc., who will monitor the Code of Conduct?
All sites will be subject to strict management - see FAQs. This is a condition of site licensing issued under the caravan sites and control of development act 1968 administered by our own environmental health dept.
16) How would refuse and human waste be safely cleared from these new proposed sites?
In the same way as for any other permanent residential planning permission.
17) Would the land be designated permanently for the location of Gypsies and Travellers?
See above. Yes.
18) Could the land become permanently developed i.e. could permanent houses ever be built on the land?
No. See document, this would be strongly controlled as part of the consent in line with national circular 1/2006. To stress again no.
19) Would there be an increase of traffic movements associated with these sites and if so have EFDC calculated what that increase might be?
Essex County Council as highways authority will be publishing a report on this.
20) Have EFDC surveyed the proposed sites in Theydon Bois and calculated that they are 300 metres away from the motorway?
They are between 160m and 170m away. Appendix 4 explains this is not an absolute constraint, noise issues, and potential mitigation measures, will be assessed on site by environmental health officers against official government standards. However Maps of this will shortly be put on the website.
21) Can EFDC guarantee that the land at Blunts Farm, adjacent to one of the proposed sites is not contaminated?
EFDC can never guarantee that land is not contaminated. We maintain a register of potentially contaminated land. Please refer to council's Environmental Health dept.
22) If these sites are not selected in this consultation process would that mean that they could be put forward for selection at a later stage?
Anyone can put to an independent inspector that an EFDC discarded site still could still be included. The conclusions of that independent inspector is binding.
23) Will residents that live in close proximity to these sites now have the 'stigma' of the potential development of these locations permanently effecting their properties?
No comment.
24) Can EFDC please confirm the dates that Gypsies and or Travellers occupied a meadow in Loughton Lane, Loughton?
I am not aware of this I will ask my colleagues.
25) Can EFDC please confirm the dates that Gypsies and or Travellers occupied land at the Old Foresters, Theydon Bois?
I am not aware of this I will ask my colleagues.
26) Can EFDC please confirm the dates that Gypsies and or Travellers occupied land at Epping Lane?
Yes this was moved on.
27) Why was the Epping Lane site not considered?
It is wholly unsuitable, has fully been through the appeals process, located well away from shops and services, conflicting with national circular 1/2006. It was considered and rejected at the first hurdle.
28) Would occupiers of these sites be listed on the electoral role?
It is up to individual residents whether they register or not.
29) How would any children requiring Primary Education be admitted to the local Primary Schools? Would they be admitted under special needs and have a greater chance of entry than a sibling, a child in catchment or a local child with special needs?
Individual children are assessed as to whether or not they have special needs just like members of the settled community. It would not be lawful to prioritise by ethnic group.
30) Will the location of 49 pitches in the District reduce the total number of dwellings required by the East of England Plan or will they be in addition to many more homes in the area?
These are entirely separate targets governed by separate policies in the east of England plan and its proposed revision. No.
The consultation process commenced on 4th November and many residents have not as yet received a consultation document. Many residents have lost Seventeen days of the potential consultation period. TBAG have registered an official complaint regarding the availability of the document and request that the consultation period be increased by an equivalent amount of time.
We have just learned that the deadline has been increased to 6th February '09.
The situation in Epping Forest was front page news on Monday's edition of the Daily Express.
www.dailyexpress.co.uk/posts/view/71491
And made the e edition of the Mail.
www.dailymail.co.uk/news/article-1086435/Homeowners-forced-sell-land-travellers-gypsies-permanent-sites.html
We have asked Iain Wright, Parliamentary Under-Secretary of State, Department for Communities and Local Government (Holder of Portfolio for Gypsies and Travellers) to confirm the situation as EFDC state in the Consultation document on page 70 '...on the expectation that some will not come forward (sites) , and / or the need for a fallback position of the use of proactive planning powers, including potential use of compulsory purchase powers.'
iain.wright@communities.gsi.gov.uk or wrighti@parliament.uk
Mr Khan The Parliamentary Under - Secretary of State for Communities and Local Government confirmed on Tuesday in a Parliamentary debate that;
'Gypsies and Travellers are bound by the same planning laws and human rights legislation as everyone else, which means that they should apply for planning permission before moving on to or developing land that they own. In the same way as everyone else, they are subject to enforcement action if the proper planning processes are not complied with. Local authorities, rather than the Government, should decide what happens in local communities. 'He also confirmed that ;There is no truth in the headlines. There is no requirement for local authorities to compulsorily purchase land for Gypsy and Traveller sites. I would ask, caution and counsel Hon. Members to use their words carefully and to temper them when it comes t spreading stories that are factually incorrect and misleading. Compulsory purchase orders are entirely a matter for the local authority. If a local authority wished to compulsorily purchase any land, it would have to demonstrate that there was a compelling case in the public interest before confirming a compulsory purchase order. Such an order should be a last resort that is used only when efforts to purchase land by agreement have failed.' However it was confirmed that in ' 2006 the Office of the Deputy Prime Minister issued guidance instructing councils to meet their regional targets for Traveller camps by using compulsory purchase powers.'
The leader of EFDC confirmed on BBC London news this evening that EFDC will not be compulsory purchasing land.
news.bbc.co.uk/1/hi/england/7738743.stm
And again in the e edition of the Mail.
www.dailymail.co.uk/news/article-1087942/Hundreds-new-gipsy-camps-built-Britain-homeowners-face-threat-land-grab.html
If you need to contact your District Ward Councillors, their email addresses are:
Councillor Roland Frankel rdhfrank@yahoo.co.uk
Councillor John Philip john.philip1@ntlworld.com
For further information please have a look at our new website, it is in its infancy and not yet complete. But we will in future be using this site as a means of communication.
www.theydonbois-actiongroup.co.uk