New twist in Travellers saga - Derbyshire

From Derbyshire Dales District Council

The decision by Travellers to quit a temporary site created for them in Rowsley could have discharged Derbyshire Dales District Council of its homelessness duty to the family.

The District Council wrote to the family after the Travellers on 12 October voluntarily vacated the temporary site at Old Station Close.

Under the terms of the Housing Act 1996, a local authority can discharge its duty to provide temporary and permanent accommodation if an applicant leaves suitable accommodation without giving reasonable grounds.

However, representatives for the Traveller family have this month requested a review of the District Council's claim that it has now discharged its duty. The review has to be carried out within 56 days of the challenge.

The District Council has been actively seeking a permanent site for the family on the basis that ignoring its duty could result in costly legal action that would have to be borne by Derbyshire Dales Council Tax payers. Planning permission for the temporary site at Rowsley was granted earlier this year for a maximum nine months from the first day of occupancy.

Homesford wood yardThe family's decision to leave Rowsley soon after moving onto the site - and the District Council's subsequent legal claim - mean a planning application for a permanent site for the family at Homesford wood yard could now be put on hold.

Another new development is that two potential alternative permanent sites to Homesford - both at Bolehill - are likely to be dismissed on the grounds of unsuitability.

A meeting of the District Council's Corporate Committee will consider on Monday (25 November) the latest developments.

Two months ago the same committee instructed officers to agree a price for the wood yard site – with the proviso it could not exceed an independent valuation commissioned by the District Council and that any contract to buy the land should be dependent on a successful planning application.

Monday's meeting will be recommended to allow land negotiations to continue, but will hear that the landowners have challenged various aspects of the independent valuation.

So the picture remains complex. The reviewing officer can make one of two decisions: either that the Rowsley site was not suitable and alternative temporary accommodation must be found by the District Council; or that the site was suitable and the decision to end the homelessness duty was correct.

Further complicating the picture is that even when a homelessness duty is discharged, a fresh claim for assistance can be made by the same applicant.

Already this year the District Council has rejected 13 potential permanent sites – many suggested by the Derbyshire Gypsy Liaison Group (DGLG) - for the Traveller family using an evaluation matrix that takes into account many relevant factors, including site size, ownership, availability, proximity to residential properties, vehicular access, bus routes, shops and schools, ground conditions and access to health services.

That total could rise to 15 next week. Further examination of two remaining alternative sites to Homesford wood yard – both at Bolehill – has found them "unsuitable", so they could be dismissed by the committee. One is a grassed area alongside the B5036 road next to the Black Rocks car park. The other is a triangular piece of land nearby.

Even if homelessness duty owed to the family is deemed remain, ultimately the District Council would only needs to successfully identify one permanent site, with Homesford currently the most advanced.
At the end of July, the District Council published the results of a detailed community consultation on the Homesford site, which at that time was the only feasible permanent solution identified by the Derbyshire Gypsy Liaison Group (DGLG).
The consultation process, which ended in April, included a public meeting at which local residents, businesses and the parish council were invited to have their say. Feedback was also invited by post, via email and online to a series of questions about the wood yard site.
As part of the consultation, local people were asked to suggest suitable alternative sites – but none came forward.
The temporary Traveller site in Rowsley, granted planning permission earlier this year, was made ready for occupation for the Traveller family at the end of September for a maximum period of nine months from the first day of occupation.