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Section 3: Sites and Other Forms of Accommodation Provision - The Picture Since 1971
Policy Assumptions
3.1 A number of assumptions underlay the original site provision policy. The number of Travellers requiring official sites were not large, but were spread across large areas of Scotland. It was assumed that, given an effective spread of sites, there would be sufficient spaces for those wishing to use them, while at the same time moving fairly regularly throughout the year, i.e. there would be a rotating population. The 1971 report also addressed a range of issues which were likely to be relevant to the provision of successful sites, including size, location, facilities, standards, rents and management.
3.2 The 1971 policy was predicated on a sufficiency of pitches for those families wanting them, together with a margin to allow for movement. It was recognised that there was likely to be a need for an increase in pitch numbers in the future, to take account of population growth and changes in family structure. It was also assumed, probably wrongly, that there would be a periodic and consistent rotation of Traveller families from site to site, and as each one moved on it freed a pitch for an incoming family.
3.3 Over the years it became necessary to recognise that this idealised concept was not matched by the reality. As a network of sites developed, many Travellers proved to want to settle on a 'home' site. Some proved to stay on a particular site for increasingly long periods. Others still wished to be able to move away for periods but they also wished to retain their home pitch. Site management policies made allowance for this pattern, enabling a family to leave, usually for up to twelve weeks without loss of their pitch, provided they paid the rent in the meantime. However, this removed the pitch for use by other incoming Travellers, who themselves were likely to have moved from their own home base. The position was further complicated by Travellers who were housed in the winter months but Travelled for part of the year and also sought pitches on sites.
Aims of the Scottish Office Development Department Grant Scheme
3.4 As early as the report of the first Committee there was a strongly expressed desire to work with local authorities on a voluntary and co-operative basis, using the 'carrot' rather than the 'stick' approach (Appendix C - Recommendation 17). Over the past twenty-eight years one of the Committee's main roles has been to persuade local authorities to provide permanent sites for Travelling People through the Scottish Office grant scheme. From 1971, local authorities were offered grants at a 75% level. This was raised to 100% in 1980 (SDD Circular 13/1980).
3.5 All Advisory Committees have worked closely with the Scottish Office with a view to developing a network of official local authority Traveller sites throughout Scotland. The aim has been to locate sites in areas to which Travellers have traditionally resorted, but also with an eye to meeting changing needs both in numbers and locations.
3.6 Successive reports have made many recommendations in relation to this aspect of the Committee's work, for example proposing in the second report that in areas where sites were needed local planning authorities should include provision for a Traveller site within their local plan (Appendix C - Recommendations 1-3).
3.7 Again in the third report, while the Committee still supported the voluntary approach of the Scottish policy to the legislative approach in England and Wales, it was beginning to be concerned about the continuing reluctance of some local authorities to shoulder their responsibilities. The possible need for greater pressure on them was considered (Appendix C - Recommendations 4-6).
3.8 An important development was the introduction, in 1985, of pitch targets set at district authority level (Appendix C - Recommendations 7-8). Nevertheless the Committee also recognised some of the difficulties facing local authorities, particularly when land proved difficult to acquire and it became necessary for compulsory purchase orders to be promoted and public inquiries held (Appendix C - Recommendations 9, 12-14).
3.9 The 100% grant scheme was initially made available for a limited number of years but was extended on a number of occasions (Appendix C - Recommendations 36-41). However, the Committee is of the opinion that a number of local authorities regarded this as a form of 'cry wolf' and continued to defer action on site provision in the expectation that there was no hurry, the grant would be extended again and in the meantime it deferred the necessity to take definitive action. Over the years, Committee members have expended much time and energy attending meetings with local authorities in the expectation that a site would be developed and has accepted both their professed commitment and sometimes detailed proposals for a given site, only to find that progress on the first has been a myth and the second 'proves impractical'. In 1997 it was announced that the grant scheme was being extended for a final time and authorities were given until the end of 1998 to apply for a grant.
3.10 One earlier Committee did give consideration to trying to speed up the process by establishing a central agency to provide Traveller sites rather than being dependent on unwilling local authorities, but this recommendation was not accepted by the Secretary of State and in retrospect it would have been unworkable on a number of grounds (Appendix C - Recommendation 15).
Achievement of Aims
3.11 During the final phase of the Scottish Executive's 100% capital grant scheme, the Committee has continued to offer detailed advice and support to those authorities committed to developing sites and achieving their pitch targets. This has involved meetings with local officials and elected members to assist in the identification of suitable sites and progress applications for grant. The Committee has also provided informed comment to the Scottish Executive on the practicalities of site layout and costing.
3.12 By 1980, only two permanent local authority sites had been provided in Scotland with a total of twenty nine pitches. By the end of the eighth Committee's term of office in December 1997, the number of sites had risen to thirty five and the total number of pitches to five hundred and forty three.
3.13 Also by December 1997 eight local authorities had notified the Development Department of their intention to apply for 100% grant to meet deficits in their pitch targets. Since that date five of these authorities (East Dunbartonshire, Fife, Perth and Kinross, Scottish Borders and Aberdeenshire) have submitted applications for grant for six sites. Figure 2 shows the pattern of sites and upgrades over the years.
3.14 No additional new sites have opened within the term of this Committee, though it has worked hard with the local authorities and the Scottish Executive to ensure that authorities take advantage of the final phase of the grant scheme. It will be essential for the Development Department to maintain the momentum on these prospective sites, since over the years the Committee has seen a number of sites fall by the wayside.
3.15 The Committee's expectation at the end of its term of office was that there were sufficient applications in the pipeline to bring the number of local authority pitches provided for Travellers to over six hundred.
3.16 The role of the private sector in site provision for Travellers is discussed below. However, throughout the successive terms of office of the Advisory Committee it has always been accepted that sites in private ownership which specifically provide pitches for Travelling People (as opposed to normal holiday sites) should make a contribution to meeting the overall need. If we take into account some two hundred pitches available privately, the level of achievement could increase from 80% to 90% of the national target of nine hundred and twenty seven pitches.
Gaps in Provision
3.17 It is clear that well-designed, well-built and well-managed sites can provide a safe and secure environment contributing to the quality
of life of Travelling People. Many problems experienced by Travellers, and the inconvenience and disruption for the settled community are the direct consequences of inadequate site provision. To their credit, most local authorities have recognised the need for Traveller sites and achieved the targets set. However, it is with regret that the Committee notes that three out of the eight local authorities, which had notified their intention to provide sites, (City of Edinburgh, East Ayrshire and South Lanarkshire) failed to carry through this commitment. We also note that despite closure of one of its former sites, Scotland's largest city, Glasgow, has given no indication that it is prepared to replace the site and in consequence has yet fully to meet the needs of its Travellers (see footnote ** in Figure 2). The Committee continues to note the presence of Travellers within all those areas and the failure to make appropriate provision does little to improve matters for either the Travellers, the local authority itself or the local settled community.
Guidance on Site Design
3.18 Reference has been made earlier to the part played by successive Committee's in working with individual local authorities and with the Scottish Office in creating good sites. One feature of this has been the provision of guidance notes on site design, both in terms of creating new sites and upgrading existing ones. Recommendations in early Committee Reports were that such guidance should come from central government (Appendix C _ Recommendations 29-30), but in practice most of the guidance was the product of the Committee, two editions of such guidance notes having been prepared in 1990 and 1997 (Appendix C - Recommendations 31-32).
Upgrading of Sites
3.19 Over the years the opportunity has been taken by a number of councils to upgrade their sites to current standards. The Advisory Committee also prepared guidance notes on upgrading sites in 1990. In all, twelve sites have been upgraded including all those which had previously incorporated prefabricated amenity units which were found to be undesirable, impractical and were poor value for money. Other upgrades within the scope of the grant scheme are in the pipeline, proposals having been submitted before the deadline for the end of the scheme and we look forward to speedy completion of these.
Site Maintenance
3.20 Once a site has been provided by a local council with funding through the grant scheme, on-going maintenance of the site has always been the responsibility of the council. Unless sites are not just well managed but also well maintained by the council they can quickly deteriorate and there is less incentive for the site residents themselves to maintain standards. Local authorities must include their Traveller sites within their mainstream property portfolio and take the necessary steps to maintain and improve them as required.
Figure 2: The pattern of site provision over the lifetime of the Advisory Committee
Non-occupancy
3.21 While it has always been accepted that there would be variable levels of occupancy on some sites at different times of the year, a more disturbing feature however, has appeared in recent years. A small number of sites have remained totally empty for long periods - sometimes a new site which has had few if any tenants or an upgraded and expanded site which has never re-opened after the upgrade.
3.22 Such sites represent on the one hand a significant investment of central government funds through the grant scheme and on the other hand significant costs to the local authorities in lost revenue and in supervision of the sites to prevent vandalism. The Committee has been very concerned about this situation and indeed our predecessors held meetings with the local authorities involved to attempt to resolve the situation. Here the problem appears to lie with a small group of anti-social Traveller families who have been banned from sites on account of past behaviour and therefore will not allow any other Travellers to occupy them, resorting to intimidation or threats to completely vandalise the sites.
3.23 The Committee sympathises with the difficulties facing the local authorities but at the same time sees it as a management problem which remains a local responsibility. Having had grant for initial development or upgrade, local authorities cannot just shrug off their responsibilities for their sites under these circumstances.
Damage to Sites
3.24 The Committee has been aware that in recent years a number of sites have been badly damaged and become uninhabitable. Generally, it has not been possible for the police to identify the perpetrators of such vandalism, though it has been suggested that, as in paragraph 3.22 in some cases it has been the work of disaffected Travellers.
3.25 In such cases local authorities concerned have been reluctant to rebuild, due to the major costs involved. However, while, as noted above, additional grant has been made available for the upgrading of sites to meet changing standards, it has never been the policy of the Scottish Office to fund replacement of sites which have been damaged by vandalism. It is expected that the councils themselves will have adequate insurance arrangements to cover such an eventuality in the same way as they do for other council-owned property. Failure to do so does not remove the responsibility to reinstate the site nor to continue to make appropriate provision to meet the needs of Travellers in the Council's area.
Running Costs
3.26 The grant scheme has covered only the capital costs of providing a site. Running costs remain the responsibility of the local authority concerned, something about which they have complained in the past. Pitch rentals have been a source of concern to the Committee over the years where they have been higher than equivalent rent for a conventional public sector house - particularly when considering the relatively basic provision of space and facilities in the 'amenity units' on sites and the fact Travellers provide and maintain their own living accommodation in the form of a caravan (Appendix C - Recommendations 42-44).
Site Management
3.27 The Committee has always stressed that effective development and operation of sites, whether in the public or private sector, depends on effective management (Appendix C - Recommendations 45-50).
3.28 This led to the preparation by the Committee of guidance notes on site management in 1991, with a revised version published in 1998 (Appendix C - Recom-mendations 51-54).
3.29 At the same time the Committee has advocated proper training for local authority site managers, whose role has always been wide ranging, not just in the 'management' of property but rather as an enabling, liaison and community role (Appendix C _ Recom-mendations 55-57). It has also recognised (Appendix C _ Recommendations 58-59) that site managers may sometimes find themselves in difficult situations where groups of Travellers try to gain unauthorised access to a site or where there are disputes between families on a site as discussed further below.
The Role of the Private Sector in Site Provision
3.30 We have noted the contribution to accommodation provision for Travellers which has been played by the private sector. This has taken the form of privately owned sites which have been provided specifically for Travellers, often by Travellers. These may be variable in size, possibly only accommodating a small number of related families or others operated on a larger scale. It has also included some sites which are primarily tourist sites in the summer but which may take Travellers for short periods out of season.
3.31 While the management of privately owned sites must be left to their owners, successive Committees have advised on site management issues and the guidance notes referred to above may also be of use to private site owners.
3.32 Throughout the life of the Committee it has been recognised that a variety of forms of provision to meet the needs and preferences of different types of Travellers is an essential element in the overall picture. The availability of accommodation on privately owned sites was taken into account in setting the pitch targets for individual authorities and attention has been drawn to this in the recommendations of earlier terms of the Committee (Appendix C - Recommendation 11).
3.33 While this form of accommodation is valuable within the overall pattern it is vulnerable to change to a much greater extent than that of the official local authority site. We are aware of sites of this kind having closed unexpectedly, leaving a significant gap in local provision with consequential effects on the policy of toleration and non-harassment. In other cases site owners may be very restrictive about who they will allow on their site or charge higher rents.
3.34 There are a number of Travellers who have both the desire and the means to buy a piece of land and establish a site, sometimes just as a long term base for themselves and their relations. What is generally envisaged in these circumstances is something much more akin to a yard with space for caravans, work vehicles and equipment, with access to services of some kind and possibly space in which to carry out a degree of work. These do not always meet strict planning and environmental criteria and have been regularly turned down.
3.35 Although the Committee has recognised these problems in its recommendations in a number of reports (Appendix C - Recommendations 18-20), there does not appear to have been much, if any change, in attitude on the part of the relevant authorities.
3.36 It is difficult to assess accurately the extent to which Travellers can access private caravan sites throughout Scotland. These are generally intended for static residential use or essentially for domestic holiday and touring purposes. Not surprisingly, they are not intended as places from which a business is carried out, or even where commercial vehicles are brought on to the site. The limited research available in this field (Lloyd, M and Morran, R, 1996 and 1999) has tended to target already known problems rather than assessing fully the underlying nature of each site. Nevertheless we acknowledge the difficulties for Travellers in relation to the private sector and recommend that more comprehensive research is carried out in this area.
Temporary Stopping Places
3.37 An issue which has caused a great deal of discussion and also difficulty for the Committee, since its inception, has been that of illegal camping and the extent to which it has been accepted as an uncomfortable necessity by local authorities where pitch targets have not been met. This has also been seen in the context of the 'transit' site, something which has been strongly advocated as a necessity by some Travellers and by the groups speaking on their behalf. Early terms of the Committee accepted that some form of temporary stopping places would be necessary pending completion of a full network of permanent sites, though it was stressed that these were not seen as long term stopping places (Appendix C - Recommendations 21-23).
3.38 Despite this recognition of 'short-stay sites' as a necessary short-term expediency in the past, the Committee has always had strong reservations about them on practical grounds of value for money in their capital costs and also in their management. Practical experience has shown these reservations to be justified - one site of this kind provided by a local authority lasted only a short time and was a disastrous experience.
3.39 Other ways of catering for fairly short term needs have also been advocated by the Committee in the past including the potential role of farmers in making temporary stopping places in connection with seasonal work or, through European agricultural grant schemes (Appendix C - Recommendations 24 and 27).
3.40 Other recommendations have also noted the fact that completely haphazard camping cannot continue (Appendix C _ Recommendations 25-26 and 28), as it inevitably results in extremely negative media attention which further alienates the Traveller cause.
Access to Housing
3.41 It has already been noted that Travellers historically have moved in and out of some form of housing, either seasonally or for longer periods. Winter housing has generally been a pragmatic response to inclement weather. Longer term spells in housing have been in the context of increasing age, ill health or the needs of children during their school-age years. In the past a range of types of housing accommodation was available, rarely in the public sector but more often short term lets of rural property or urban tenements. For the well to do Travellers this has not necessarily been a problem in terms of initial access since they have been able to purchase in the private sector.
3.42 Over the past thirty or forty years, as some of the former possibilities ceased to be available more Travellers have moved, or tried to move into public sector housing. For the less well off Traveller seeking housing in the public sector there has generally been greater problems and their particular needs have not necessarily been recognised and accepted. The Committee has repeatedly stressed the need for improved recognition by local housing departments (Appendix C - Recommendations 117-123).
Future Responsibilities
3.43 The capital grant scheme for site provision has now come to an end, apart from those authorities for whom detailed applications for a site are currently being considered. We have already noted the few but significant gaps in provision. However, at the same time we note that numbers and patterns have changed over the years, with increases in the total Traveller population, as discussed further in section 5 and the levels of provision achieved to date may cease to be adequate in the future. Over the past twenty-eight years very substantial amounts of central government funds have been provided to local authorities to enable them to make appropriate provision for Travellers and, indeed, there are few grant schemes for accommodation which have operated for so long at such a high level.
3.44 With the cessation of grant the responsibility for future provision, whether to fill gaps which hitherto have been neglected or to accommodate changing needs, will pass to the local authorities themselves. Effective assessment of the accommodation needs of Travellers is discussed in section 7.
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