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.

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

Since December 2024, 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.' (December 2024a, p. 11)

The government guidance on the policy states:

Local planning authorities should, in producing their Local Plan:
identify and update annually, a supply of specific deliverable sites sufficient to
provide 5 years’ worth of sites against their locally set targets (Ibid., 6)

'Deliverable' sites mean:

• Sites should be available now
• Offer a suitable location for
  development
• Be achievable with a realistic prospect that development will be delivered on the
  site within five years

As Simon Ruston confirms in his FFT report on the above policy:

'The use of the phrase ‘cultural tradition of nomadism or of living in a caravan’,
makes it considerably more inclusive and reflective of the accommodation needs
of Romany Gypsies and Irish Travellers...Particular emphasis should be placed on those in the bricks and
mortar who may want a pitch.' (2024b, pp. 9-10)

What does this mean for site provision?

• Need for sites will also reflect Romany Gypsies and Irish Travellers that do not travel or no longer travel.
• The need recorded will therefore be higher than previously. 
• It is advised that need is updated annually in the LPA's Gypsy Accommodation Needs Assessment (GTNA).
• Legally, the LPA doesn't have to record site supply and need.
• But individual planning applications will have to take into consideration the LA's five year supply.
• The argument for refusing planning would be weaker if there was no GTNA.
• A recorded lack of a 5 year supply of sites will mean a 'presumption in favour of sustainable development'.
• This means that if the planning is considered sustainable under the National Planning Policy Framework:
  • Sites will be treated equally to mainstream housing and other development
  • More planning for sites should be permitted.

References:

Planning policy for traveller sites, Ministry of Housing, Communities & Local Government, December 2024a.

Dr Simon Ruston MRTPI on behalf of Friends, Families and Travellers , Planning Reforms December 2024: Impacts on Planning for Gypsy and Traveller Communities, December 2024b

Enforcement action

• The Local Planning Authority (LPA) has powers to take enforcement action.
• This could be to stop development, like any hard standing.
• An enforcement notice will tell you how to remedy the breach.
  • It could ask someone to remove their caravans from the land for example.
• You can appeal an enforcement notice, usually within 28 days.
• They should consider factors like homelessness and children's welfare.
• 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.

Injunction

• If the notice is ignored beyond the time given, an injunction may be served.
• An injunction is applied to through the court to stop development.
• You should seek the advice of a solicitor as soon as possible.
• This could lead to caravans or hard standing being removed.
• Failure to comply can lead to criminal charges, fines or a prison sentence.

Retrospective planning

• You could apply for 'retrospective planning permission.
• This means you ask the LPA for permission for previous development.
• You will need to go through the same planning application process.
• It is advisable to get help from a planning consultant.
• You may be able to negotiate with the LPA to stay on the land pending the application process.

Certificate of lawful development

• This can give you permission for development that is existing.
• But has not had any enforcement action taken by the LPA within ten years.
• You can only apply if you have lived on the land for a period of 10 years.
• You will have to prove this with evidence like:
  • Utility bills
  • Sworn statements
  • Aerial photography.
• It can be applied to via the Planning Portal.
• If refused, you can appeal the decision. 

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].