Agenda item

Planning Enforcement and Traveller Issues: Decision Making Arrangements

To seek the Committee's approval for setting up a new sub-committee for planning enforcement matters at Travellers’ Sites. This will replace the former, temporary Direct Action Sub-Committee which has now lapsed at the end of the time-limited period. The report  proposes that the new sub-committee takes a wider remit at all planning enforcement matters relating to traveller sites, not just preparations for direct action. It also presents options for the membership of the new sub-committee.

Decision:

Deferred pending the development by Cabinet of a strategic approach to Travellers’ issues. 

Minutes:

The Committee considered a report seeking its support for establishing a new sub-committee for planning enforcement matters on Travellers’ sites.

 

The Director of Development Services introduced this challenging issue by reminding Members about the position in which the Council found itself.  In identifying the context, he highlighted three important facts, namely

 

·          

Prior to the arrival at Smithy Fen, Cottenham of a large number of Irish Travellers, South Cambridgeshire District Council had had a good record in providing authorised pitches.  While there was still work to be done, he acknowledged the amount of effort applied to the issue by both Members and officers.

·          

The Council had to maintain its pressure on central Government to address a  number of perceived weaknesses in national policy.

·          

The opportunity should now be taken to reassess how best the Council should proceed, in the context of the legal separation between policy making and regulatory matters.

 

Members made the following points:

 

·          

The Cabinet had reserved to itself responsibility for determining policy in relation to Travellers’ issues

·          

Development and Conservation Control Committee was responsible for enforcement, and any Group set up to deal specifically with enforcement on Travellers’ sites could be seen as discriminatory

·          

Members should keep their options open, recognising that the major issue at the moment centred on Smithy Fen, Cottenham, and that such other issues that might arise in future should be dealt with on their merits, and treated individually

·          

Financial concerns should not be allowed to prevent an appropriate resolution of the outstanding matters

 

The Committee Chairman paid tribute to the Leader’s tireless work in presenting the Council’s case on Travellers’ issues to central Government, local residents and community organisations, and the media.

 

The following amendments were proposed and seconded, namely

 

1.

That further discussion be deferred pending the establishment by Cabinet of a policy on Travellers’ issues, with Development and Conservation Control Committee to determine all enforcement matters, including those on Travellers’ sites.

 

2.

That a Development and Conservation Control Sub-Committee be re-established with immediate effect, and as an interim measure, terms of reference, membership and name to be determined by the Development and Conservation Control Committee.

 

The Head of Legal Services said that Members had to review their previous decisions on direct action at Smithy Fen in the light of ever-changing developments, and act in the best interests of the entire District.    They should be careful not to do anything that might prejudice the Council’s position.  He advised Members, at the very least, to withdraw the Development and Conservation Control (Direct Action) Sub-Committee’s plenary powers for the time being, and suggested that the sub-committee should meet in June or July 2005, following the Appeal decisions relating to Pine View and Victoria View, Cottenham.

 

A number of Members expressed strong reservations about this advice.

 

Amendment no. 1 referred to above, proposed by Councillor SGM Kindersley and seconded by Councillor Dr DR Bard, was put to the Committee, which resolved by 16 votes to 14 (with one Member registering a presence but not voting) that further discussion be DEFERRED pending the establishment by Cabinet of a strategy on Travellers’ issues.

 

Amendment no. 2 referred to above, proposed by Councillor NJ Scarr and seconded by Councillor Mrs DSK Spink was put to the Committee, which RESOLVED by 27 votes to two (with one Member registering a presence but not voting) to re-establish a Sub-Committee with immediate effect, with as an interim measure, terms of reference, membership and name to be determined by the Development and Conservation Control Committee.

 

Mr JA Nicholas from Cottenham Parish Council addressed the meeting.

Supporting documents: