Guidance for undertaking Gypsy and Traveller accommodation assessments - Chapter 3: assessing accommodation needs

This chapter will outline the process of using the data collected through the review of data sources and the specialist survey. It provides support in assessing needs and preferences, demand for accommodation in the specific local authority and in other areas, how to project net household formation, and how to make the final calculation of need for pitches.

Once the interviews have taken place and the review of data is complete, local authorities must assess whether there is a need to provide additional pitches for their area.

The GTAA results should identify the number of Gypsy and Traveller households which require additional pitches immediately, within the period under review and over the Local Development Plan period.

Once the data is collected and entered into Annex 5, the yellow boxes will populate automatically to identify the unmet need.

The results must include:

• the types of accommodation required to meet the identified needs (i.e. residential or transit sites, specific sites for Travelling Showpeople or Romani Gypsies/ Irish Travellers etc.)
• the number of households residing in the local authority area in unsuitable accommodation (i.e. overcrowded, living in bricks and mortar housing which is unsuitable due to cultural aversion etc.)
• the likely rate of net household formation (i.e. young adults needing their own pitches, migration and dissolution of households etc.)
• the number of households with a realistic opportunity to move to a different type of accommodation, which may free up spare pitches or bricks and mortar capacity
• the number of households on unauthorised encampments
• the number of private sites with no planning permission
• any temporary/negotiated stopping places that are known to be used in a local authority area, these must be taken into account when assessing accommodation needs, even if there are no families in resorting at that place at the time of the survey itself

Local authority duties under Part 3 of the 2014 Act focus on the requirement to provide mobile home pitches rather than other types of accommodation.

However, any need arising for bricks and mortar housing should also be considered as part of the Local Housing Market Assessment and included in the local housing strategy.

Before local authorities can consider demand for additional pitches in their area it is important to assess the current available residential pitch supply. This includes pitches on local authority sites, private sites, transit or temporary/negotiated stopping places and unauthorised encampments. Most of this data should already be available from local authority planning and housing departments.

Rows A and B: demonstrate how the number of occupied local authority pitches and private pitches (with planning permission) should be presented.

Row A: occupied local authority pitches (this data is available from the Caravan Count system and local authority housing records).

Row B: occupied private pitches (with planning permission).

Row C: vacant local authority and private pitches (with planning permission). This data will be available through completion of site surveys with occupants. Some site owners on private sites may not wish to lease their vacant pitches to non-family members. Therefore, only the number of vacancies on private sites which are available on an open basis should be entered into Row C.

Row D: local authorities and private pitches due to become vacant in the near future. To identify the number of new pitches which are expected to become vacant during the review period, local authorities can review their site management records to assess the annual pitch turnover over the previous 5-year period. Some site owners on private sites may not wish to lease their vacant pitches to non-family members. Therefore, only the number of vacancies on private sites which are available on an open basis should be entered into Row D.

Local authorities should review survey responses from questions A6 to A7 and Section C. Responses from these questions may detail the aspirations of households wishing to move. Local authorities can identify which responses are from households currently occupying local authority pitches by referring to responses to question A1. This information can be explored by local authorities to ascertain whether any of these aspirations can be met.

When considering those who are likely to vacate pitches on local authority sites in the near future, survey responses may identify households who have expressed a desire to move into bricks and mortar housing. Local authorities may include these pitches as being available for supply, only if they are able to demonstrate the household will definitely secure alternative accommodation. If this can be shown, these pitches can be included in row D.

Row E: new local authority pitches with planning permission. Only new Local authority pitches with planning permission should be included at this stage. Sites currently in the planning system but without planning consent must not be considered. This is because there is no guarantee the site will be deliverable until planning consent is granted, and including applications for sites which may ultimately be unsuccessful would under-estimate unmet need in the area. Nevertheless, if planning consent is approved for a site after the publication of the GTAA, the approved number of pitches will offset the identified unmet need.

Current levels of satisfaction with existing accommodation will provide some indication of whether households are likely to stay in their current accommodation. Some individuals may express a preference to leave mobile home accommodation and move into bricks and mortar housing, whereas others may express a preference or cultural need to leave bricks and mortar for mobile home accommodation.

When enquiring about current levels of satisfaction with existing accommodation (questions A2 and A7), it is possible improvements or adaptations to existing accommodation may be preferable to the individuals concerned instead of moving. Where appropriate, individuals may be helped to remain in their current accommodation through accessing the Disabled Facilities Grant or the Supporting People Grant to make that accommodation fit for their purposes.

The general amenity of a site and/or health and safety issues may be a reason for households wanting to move. Local authorities may be eligible to utilise the Welsh Government’s Gypsy and Traveller Sites Capital Grant to refurbish their sites.

In addition to the assessment of existing local authority pitches, local authorities should consider how many additional pitches with planning permission are due to become available. This will include private site pitches that will be openly available to rent, which should be included as part of the planned residential supply in row F. Only sites with planning permission should be included at this stage. Sites currently in the planning system but without planning consent must not be considered. This is because there is no guarantee the site will be available until planning consent is granted, so including applications for sites which may ultimately be unsuccessful would under-estimate unmet need in the area. Nevertheless, if planning consent is approved for a site after the GTAA has been approved and published, the additional number of authorised pitches will offset the identified unmet need.

Row F: new private pitches with planning permission. Only new private pitches with planning permission should be included at this stage. However, some site owners on private sites may not wish to lease their vacant pitches to non-family members. Therefore, only the number of new pitches on private sites which are available on an open basis should be entered into this row.

To establish current residential demand, Local authorities will need to analyse the data collected through the specialist survey and populate the following rows:

• (row G) local authority unauthorised encampments with a need for site accommodation
• (row H) on private sites without planning permission. (until planning permission is granted with all associated conditions met, the site continues to represent an unmet residential need).
• (row I) on existing local authority sites but in overcrowded conditions
• (row J) in bricks and mortar but with a cultural aversion to such housing or overcrowded
• (row K) new households which are expected to arrive or require accommodation in the area

Data collected through questionnaire sections A, C and D should support local authorities to properly assess total demand in their areas.

Gypsies and Travellers have often not been able to access culturally appropriate sites in the areas where they wish to live. Different local authority approaches to providing sites and enforcement action have sometimes caused communities to settle in inappropriate or unsuitable locations, for example, in an authority area away from their extended families. Where this is the case the local authority responsible for the area where the need for accommodation has arisen should work closely with other local authorities in the region to find a shared solution and consider taking over the unmet need where practicable.

The distribution of local authority sites is unevenly spread across Wales. Some of this will be the result of the personal choices of community members who have opted to live in certain areas for family, economic or cultural reasons.

However, sites in some areas may be populated by those with long-standing connections to neighboring authorities where they would prefer to live. Other areas may have no sites but have substantial Gypsy and Traveller populations living in bricks and mortar housing who would like to live in a mobile home.

Consequently, local housing authorities may encounter various situations when undertaking their surveys, where the needs and preferences of occupiers may be difficult to disentangle.

The consideration of needs as against preferences is likely to be focused around 3 major themes:

1. Community members in bricks and mortar housing who have a need for mobile home pitches due to a cultural aversion.
2. Community members who have an authorised pitch in one local authority area but who would like to move to the area of the authority undertaking the assessment.
3. Those on any unauthorised encampments due to shortage of local authority pitches who need a mobile home pitch in the same area.

For many Gypsies and Travellers, living in mobile homes is a key aspect of their cultural identity. However, the 2021Census suggested only 22% of Gypsy and Traveller communities in England and Wales live in caravans or other temporary structures. The 2021 Census indicated that 78% of these communities currently live in houses, flats, maisonettes or apartments in England and Wales.

Many of those living in houses, flats, maisonettes or apartments may do so by choice for a variety of reasons. However, some of this population may have moved into bricks and mortar housing due to a lack of lawful mobile home pitch alternatives. See Shelter, ‘Good Practice Guide: Working with housed Gypsies and Travellers’ (2007).

It is likely that some community members living in bricks and mortar housing have what is known as a ‘cultural aversion’ to this type of accommodation. This is established in case law, originally in Clarke v. Secretary of State for the Environment, Transport and the Regions (2001).

That is, community members who have a tradition of living in a mobile home or on sites and who struggle to adapt to living in bricks and mortar accommodation but are doing so out of necessity not choice.

Cultural aversion could be based on the type of accommodation or more sedentary lifestyle associated with bricks and mortar housing or isolation from community and family members who may live in mobile homes.

Local housing authorities will need to carefully consider whether those who are living in bricks and mortar housing and who have a stated preference for living on mobile home sites could also be said to have a cultural aversion to their existing accommodation.

Local authorities should consider the reason for moving into conventional housing and the potential adverse effect on the individuals if they remain in conventional housing.

Local authorities must also recognise the role that site quality plays in accommodation decisions and ensure that families are not pressured into housing options that conflict with their cultural preferences. In line with Article 30 of the UNCRC, children and young people have the right to belong to their ethnic minority group and practise their cultural identity. The responsibility for providing suitable pitches which are fit for purpose lies with local authorities. Families should not feel they have to move into bricks and mortar accommodation due to the poor living conditions in local authority mobile home sites.

During the accommodation assessment, it would not be appropriate for local authorities to require interviewees to demonstrate their aversion through any kind of assessment. The Welsh Government appreciates the traditional nomadic lifestyle may be difficult for Gypsies and Travellers to achieve. Romani Gypsies and Irish Travellers are recognised ethnic minorities and the traditional lifestyle of travelling or nomadism is not required to maintain their racial identity. The definition for Gypsies and Travellers used for the purposes of this guidance therefore recognises that members of this community, whilst being persons of a nomadic habit of life, may have ceased to travel temporarily or permanently because of their own or their wider family's educational or health needs or old age.

Information recorded within the survey questionnaire (especially questions A2, A3, A7 and Section B table) should support local authorities to ascertain whether individuals have a cultural aversion to conventional housing.

Estimates of the number of community members with a cultural aversion to conventional housing should reflect the answers given in the questionnaire and the points outlined above. It is recognised these are estimates but they may nonetheless be a pragmatic way to quantify the number of households living in bricks and mortar housing who require mobile home pitches.

Where it is identified that individuals have a cultural aversion to bricks and mortar housing, local housing authorities should include the need for mobile home pitches by these households as part of the current demand. This should be included in Row K of Annex 5.

When undertaking surveys, some community members may indicate they have a preference or a need to be accommodated on a mobile home site in another local authority area.

Questionnaire sections C and D should secure data to help local authorities to understand where such accommodation demand is likely to arise. Section E is also likely to provide useful data to neighboring authorities to help them anticipate future needs for transit accommodation. Local authorities should seek to engage proactively with other areas in anticipation of this likelihood. This will be easier to achieve where a regional partnership has already been established to undertake accommodation assessments or where the other local authorities are undertaking their assessments at the same time.

It is important the stated needs of community members are given due consideration and that the relevant local authorities work together to decide where the demand for accommodation should properly be noted. Where demand has been identified for accommodation in an alternative authority it must be recorded, and details provided to the relevant authority (subject to appropriate protection of any personal data).

This is likely to be a 2-way process with both authorities needing to communicate effectively with the other. An agreement of how such circumstances will be dealt with should be established in advance of undertaking the survey.

This process may result in the local authority undertaking the GTAA being informed by other local authorities of new households expected to arrive in their area, and vice versa. Answers to question D5 will also provide some information on this point. Finally, the local authorities pitch waiting list may also include information which will add to this figure. The number of households identified will populate row L of Annex 5.

Where surveys of those occupying unauthorised encampments or private sites without planning permission show demand for mobile home pitches within a local authority where they are currently residing, local authorities will need to check the community members do not have alternative accommodation elsewhere.

If these households do have alternative accommodation elsewhere, their preference for pitches in a different area would not normally constitute need, as they would not be homeless or at risk of homelessness, see the Welsh Government planning circular 005/2018, “Planning for Gypsy, Traveller and Showpeople Sites.

Demand arising from unauthorised encampments and private sites without planning permission in the local authority area should be captured in rows G and H of Annex 5.

This includes sites with no assurance of protection against planning enforcement or those on sites with planning permission ending within 5 years.

Residential demand is also likely to arise from overcrowding, either within existing sites or bricks and mortar housing. Due to the legacy of a lack of site provision, many of those on sites throughout Wales experience overcrowding on their pitch. This situation can have serious health and safety implications, including the risk of fire if too many caravans are placed on a pitch.

There is no legal definition of overcrowding in the context of a mobile home. However, the following may be used as a guide.

For the purposes of this guidance, each of the following may be considered as requiring a separate sleeping area:

• Each adult couple (married or cohabiting).
• Any other person aged 16 or over.
• Each pair of children aged under 16 of the same sex.
• Each pair of children aged under 10 regardless of sex.
• Any other child.

Within mobile homes, it may be more accurate to consider separating sleeping areas, rather than bedrooms.

Consideration may be given to relieving any identified overcrowding through the addition of another mobile home on the Pitch only if the pitch is suitable for such increased occupancy.

Local authorities must only allow another mobile home to be stationed on a pitch if this complies with the Fire Safety guidance as referred to in the Welsh Government’s ‘Designing Gypsy and Traveller Sites guidance’. Local authorities must consult the local fire and rescue authority if they are unsure whether it would be safe to station additional mobile homes on the pitch. If households are unable to safely station an additional mobile home on their pitch or elsewhere on the site and their current accommodation is over-crowded, this will indicate additional residential demand.

Overcrowding in bricks and mortar housing should be more straightforward to assess and local housing authorities will be used to undertaking such assessments through their existing housing functions.

Where overcrowding is present in bricks and mortar housing or new household formations emerge, local authorities need to be aware that this may constitute additional residential pitch demand. If the overcrowding is the result of dependent children reaching adulthood, these new households may express a desire to live in mobile home accommodation. Questionnaire section B will provide local authorities with information regarding participants’ views on overcrowding.

Anticipated future household growth should be identifiable by the answers provided by participants under section D of the questionnaire. This will provide an estimate of additional households over the coming 5-year period.

A 2.25% national net household growth rate has been used for illustrative purposes in Annex 5 on the basis this may represent a reasonable baseline for annual growth in Gypsy and Traveller communities. There is evidence to support that the national net household growth rate for Gypsies and Travellers can vary from 1.5% to 2.5%, with more youthful populations displaying higher annual household growth rates. However local authorities should analyse the demographic data provided by community members to assess their own likely local anticipated growth rate over the review period.

Row M: the additional household pitch need can be found by subtracting the current number of households in the first column of row L from the estimated future number of households in the second and third columns of the row. These values will populate rows O and P of Annex 5.

Row N: the current residential demand total will populate this row in Annex 5.

Row O: future residential demand over the GTAA period as identified in row M.

Row P: future residential demand over the LDP period as identified in row M.

As the estimate of household growth is based upon the wishes and plans of community members, it is difficult to accurately forecast growth in excess of 5 years. However, the GTAA is an important piece of evidence underpinning Local Development Plans (LDPs), which operate on a longer timeframe. Local authorities may wish to use the same estimated growth rates in both the GTAA and the relevant LDP if they consider this to be appropriate.

The overall GTAA (5 year) unmet need (row R) is calculated by adding the current residential demand (row N) and the future residential demand (5 year) row O, then subtracting the planned residential supply (row Q).

The overall LDP unmet need (row S) is calculated by adding the current residential demand (row N) and the future residential demand (LDP) row P, then subtracting the planned residential supply (row Q).

The unmet need identified for the GTAA review period must be secured by the local authority as soon as practicable. Any longer-term need should be provided during the lifetime of the LDP.

The assessment of accommodation need will identify whether there is a need for more pitches within a local authority area, a need for transit pitches, or no requirement for either.

Some encampments may occur on a temporary basis within a local authority area without necessarily indicating a need for any permanent transit provision

in the area, for example, where occupants are simply “passing through.” Local authorities will still need to consider whether to provide temporary/negotiated stopping places where such encampments occur, or whether a transit site would be more sustainable in the case of more frequent stays. More information regarding responding to instances of unauthorised camping can be found within the Welsh Government’s Managing Unauthorised Encampment guidance.

Temporary/negotiated stopping places are short-term facilities which can be utilised to accommodate those passing through or to re-locate an encampment which occurs in an inappropriate or unsafe location. These temporary/negotiated stopping places should be pro-actively identified by local authorities in advance to ensure any unauthorised encampments can be directed there as soon as required.

If a local authority is experiencing a significant number of longer-term unauthorised encampments, this could indicate that transit sites are required. For example, a need for transit sites would be indicated through a significant number of encampments occurring in a local authority area, particularly between March and October, especially if they last more than a few days.

Unlike temporary/negotiated stopping places, transit sites are permanent facilities which allow occupation by households for up to three months at a time. Transit sites may be eligible for Welsh Government Gypsy and Traveller Sites Capital Grant funding and local authorities would be able to charge residents a weekly rent and service charges.

Some of those occupying unauthorised encampments in a local authority area may have permanent authorised bases elsewhere and therefore would not be considered as being in need of residential pitches in the survey area. However, this group may clearly indicate a demand for transit pitches in the area.

The Welsh Government recommends that local authorities work in partnership to develop a network of transit sites in the most appropriate locations around Wales.

Accurately understanding the need for transit sites is likely to require cooperation with other local authorities. Section E of the questionnaire seeks to capture the transit requirements of Gypsies and Travellers throughout Wales, which should help provide an evidence base of likely needs in other local authorities. This data will need to be shared within the partnership area and with other local authorities where transit need is anticipated.

Caravan Count data should also provide very useful information of the likely transit needs within the local authority area as the ‘log of unauthorised sites’ component of the system will record the locations of encampments when local authorities respond to them. Reviewing this data should provide local authorities with the number of unauthorised encampments experienced throughout the year of the count, the most occupied locations, the number of caravans present on each encampment and the duration and reason of the stay. This information can be analysed for the purposes of the GTAA to help the local authority understand whether there is need for a transit site and its required capacity.

When calculating the unmet need for transit pitches, local authorities must consider the proportion of need arising from each distinct Gypsy and Traveller community, as this is likely to affect the configuration of sites which need to be provided. For example, due to the specific design and management requirements of Travelling Showpeople and New Traveller sites they are likely to need sites which meet their specific needs.