Buying Land and Applying for Planning Permission

Are you looking to buy land to turn into a Gypsy and Traveller site?

Things to consider:

Close to shops and schools

• You should be able to walk to a local shop or for the school run.
• If not, close to public transport or a few minutes drive.

Flood risk and infrastructure 

• You want it to be in Flood Zone 1 (the lowest risk of flooding).
• If it is in Flood Zone 2 or 3 you will need a flood risk assessment from a professional.
• Further information about flood risk can for specific areas can be found here.
• The site should have or be capable of sewage and electricity being installed.
• Be aware of pipelines when building.
• Check cost of connecting to mains sewer with local water company.

Safe entry and exit

• Make sure the site is safe for you to get in and out of.
• You should be able to see far in both directions of traffic.
  • If not, see if you can trim hedges you own.
• Double check with planner or highways expert.
• The road the site is on should have passing places if it is narrow.
• Think of the safety of the journey to site, e.g. visibility at any junctions.

Visibility

• Caravans should not be easily seen from nearby places.
• Landscaping, like adding hedgerows or native evergreens can help reduce visibility.
• Contact a landscape architect for advice.

Consider the type of land

Green belt

• Is countryside land that is kept open and not built on.
• It can be harder to get planning for.
• But small bits of land can be 'cut' out of the green belt if they preserve openness.
• For example, if built structures are replaced by mobile homes.

Protected land

• Is land that generally cannot be used for private planning.
• National Landscapes are preserved for wildlife.
  • These are also known as an 'Area of Outstanding Natural Beauty'.
• There are also Sites of Special Scientific Interest (SSSI).
• Some land is strictly used for agriculture and farming.

Grey belt

• Is previously developed land in the green belt.
• This kind of land has been added to recent planning law.
• It can make it easier for Travellers to get planning for sites on land in the countryside.
• See our report on impacts of planning reforms.

Brownfield

• Is previously developed land that is not in the green belt.
• It can be the easiest land to get planning for.
• It is land that usually needs redeveloping.

Important things to check

Check for any notices or injunctions served to land

• Ask landowner about any notices or injunctions that might apply to the land.
• Otherwise these may prevent you from making changes.
• Injunctions are not automatically registered as land charges.
• Check local authority searches and Land Registry checks.

Check the needs for sites

• Find this in your local council's Gypsy and Traveller Accommodation Assessment.
• If there is unmet need in your area it can help your case.

Check suitability

• Contact your local authority to see if the land is suitable.
• Ask for a  pre-planning assessment
  • To see the chances of success and what might prevent it.

Planning permission is legally required for most forms of development

This includes 'changes of use', such as changing disused land for the purposes of living on.

Follow these steps to get permission to live there or set up a site:

Contact a planner

• You can apply for planning yourself but it is advisable to contact a planning consultant.
• Working with a planner can be very expensive but it can be very beneficial.
• Check if they are 'Chartered'. They will have MRTPI after their name.
• They do not have to be Chartered but it shows they are professionally qualified.
• Find a planner with experience in Gypsy and Traveller sites.
• A list of planners is in our services directory.

Submit your application:

• Send your application to your local planning authority (LPA).
• Complete the form on the LPA’s website or through the Planning Portal.

Pay the fee:

• There is usually a planning application fee.
• Use this cost calculator to estimate the cost.

Assessment:

• A committee of local councillors will assess your application.
• Prepare for rejection
  • Most planning applications are rejected.
• Be ready to appeal the decision in high court.

Local connections can help, like

• Living in the area for years.
• Having close family nearby.
• Having a child in a local school.

Appeal stage

• You will need a planning solicitor, which you can find in our directory.
• Chances of success are higher at the appeal stage, but nothing is guaranteed.

Free advice

• If you are on benefits or have a low income, you can get free planning advice
  • Including from Planning Aid.
• You might also be entitled to free legal representation through Legal Aid.

What happens if I don't have permission?

• The Local Planning Authority (LPA) has powers to take enforcement action.
• They will assess whether there is a breach and whether it should be penalised.
• They will consider factors like alternative sites and children's welfare.
• An enforcement notice can be served, instructing how to remedy the breach.
  • It could ask someone to remove their caravans from the land for example.
• This can be appealed but if the notice is ignored beyond the time given an injunction may be served.
  • An injunction is given by the court.
  • Failure to comply can lead to criminal charges.
• Enforcement notices remain on the land unless complied with, quashed, or withdrawn by the LPA.
  • This means the next landowner would have to satisfy the notice.

Planning Policy for Traveller Sites (PPTS) is the current policy for caravan sites for Gypsies and Travellers.

Since December 2023, the definition of Gypsies and Travellers is:

'Persons of nomadic habit of life whatever their race or origin, including such persons who on grounds only of their own or their family’s or dependants’ educational or health needs or old age have ceased to travel temporarily or permanently, and all other persons with a cultural tradition of nomadism or of living in a caravan, but excluding members of an organised group of travelling [showmen] or circus people travelling together as such.'

This means:

• Romany Gypsies and Irish Travellers are legally defined as Travellers under planning law.
• They will be entitled to apply for planning permission for Gypsy and Traveller sites.
• Travellers who have stopped traveling permanently are still recognised as Travellers in planning policy.
• Can have their needs assessed for site provision.

Planning Aid

• Service: Free planning advice for those who cannot afford it.
• Phone: 0370 774 9494.
• Email: [email protected].
• Website: Buying land for a Gypsy and Traveller site.

Chapter 7

• Service: Free planning advice by phone for
  • Smallholders.
  • Caravan dwellers.
  • Low-income people with planning problems.
• Phone: 01297 561359.
• Email: [email protected].