We have had sight of the draft guidance now made available by DCLG. The EHRC’s Briefing Paper sets out all the key arguments for the retention of the current statutory scheme – i.e. sections 225/226 Housing Act 2004 when read together with section 8 Housing Act 1985 – and we cannot improve upon its content. There is an even greater need for the current statutory scheme to remain in place so as to ensure that those vulnerable Gypsies and Travellers who are now excluded from relying upon the positive planning guidance on the provision of caravan sites contained in Planning policy for traveller sites 2015 by virtue of the change to the planning definition of ‘gypsies and travellers’ can have their accommodation needs properly met. Clause 115 and the draft guidance will, quite simply, not achieve this. For the Equality and Human Rights Commission’s briefing paper see: http://www.equalityhumanrights.com/housing-and-planning-bill-house-lords-committee-stage
Marc Willers QC, Garden Court Chambers Chris Johnson, Travellers Advice Team at Community Law Partnership
March 15th 2016