Local people are being invited to have their say on six possible temporary Traveller sites in the Derbyshire Dales.
This online survey is available for eight weeks from 25 July 2024. Six public meetings will also take place in the vicinity of each of the six possible sites during the consultation period. Dates will be published when known.
No decisions have yet been made, but at special meeting of the District Council's Community & Environment Committee on 22 July 2024 it was agreed on a majority vote to take forward en bloc six possible temporary sites proposed by a cross-party Gypsy and Traveller Working Group, to enable local people to have their say.
Legal duty
Derbyshire Dales District Council acknowledges its duty as the Housing Authority to provide accommodation to those specific Gypsy and Traveller families with an accepted local connection to the Derbyshire Dales. We have two families that we owe that duty to. The Council has therefore established a Traveller Working Group comprising elected members from all political parties to provide political leadership in identifying potential solutions to an issue that has gone unresolved for far too long.
In accordance with the Homelessness Reduction Act 2017, Gypsies and Travellers are homeless if the accommodation available for their occupation is a caravan, a houseboat or other movable structure and they do not have a place where they are entitled, or permitted, to put it and live in it.
These circumstances are particularly relevant in the case of Gypsies and Travellers. Where a duty to secure accommodation arises but an appropriate site is not immediately available, the Housing Authority may need to provide an alternative temporary solution until a suitable site, or some other suitable option, becomes available. In doing so, Housing Authorities must give consideration to the needs and lifestyle of applicants who are Gypsies and Travellers when considering their application and how best to discharge a duty to secure suitable accommodation, in line with their obligations to act consistently with the Human Rights Act 1998 and, in particular, the right to respect for private life, family and the home; as well as their duties under the Equality Act 2010.
We are, therefore, not in a position to discharge our statutory duties under the Homelessness Reduction Act 2017 by directing Gypsy and Traveller families to a designated site (temporary or otherwise).
Consultation process
This online survey is available for eight weeks from 25 July 2024.
Please note:
- We will be rolling over the representations made from Council meetings on 30 May and 22 July 2024 into the consultation responses.
- Hard copies of the survey will be available at Matlock Town Hall and from the Parish and Town Councils of Rowsley, Middleton by Wirksworth, Darley Dale, Matlock Bath and Wirksworth. There will be a post box for their return at Matlock Town Hall. In exceptional circumstances, we may be able to post the survey to residents directly.
- We will be identifying interested parties and stakeholders for each possible site and communicating with them direct regarding the online survey and public meetings
- We will be updating the list of FAQs (below) as new questions arise.
Agreed temporary sites are necessary until a permanent Traveller site is identified in the Derbyshire Dales. The strategy is that a selection of temporary sites - if any win Council approval after the consultation process - share the responsibility for limited periods of accommodating a Traveller family who have been encamped in a section of Matlock Bath Station car park for the past three years. This family is one of two to whom the Council owes a legal homelessness duty.
The proposed temporary sites are:
- Car Park, Old Station Close, Rowsley
- Land to south-east of Hopton Works, Middleton Road, Wirksworth
- Arc Leisure Car Parks, Morledge, Matlock
- Station Yard Car Park, Dale Road, Matlock Bath
- Car Park, Derwent Way, Matlock
- Land to north-west of Cemetery, New Road, Middleton
FAQs
Q. Why do you need to identify temporary Traveller sites?
A. Two Travellers families to whom the District Council owe a legal homelessness obligation have been tolerated in sections of two local car parks for far longer than originally envisaged. They have been encamped in Matlock Station car park for the past four years and Matlock Bath Station car park for almost three. Until a permanent site or sites are identified in the Derbyshire Dales, we need the flexibility to move at least one of the families around to take the pressure off these two sites, one of which is a visitor hotspot during the spring and summer months.
Q. Why are these two families regarded as "homeless"?
A. The District Council recognises its duties under the homelessness legislation towards two separate Traveller families who have a long-term connection to the area but who do not have sites on which they can legally place their caravans. The families have remained on the current temporary sites at Matlock and Matlock Bath despite extensive efforts both by Officers and Members, but no available alternative sites, suitable and meet the Council’s criteria, have yet been identified.
Q. Homelessness legislation. What does it mean?
A. There is a national shortage of pitches on which Gypsies and Travellers can legally site their caravans. If a Gypsy or Traveller family has a caravan but no site on which they can legally position it they are considered as homeless for the purpose of the legislation. This is a sensible view, as without a legal site Gypsies and Travellers are forced to site their caravans on unauthorised sites, which often are not suitable for them and which can cause disturbance to the settled community.
Q. Why are sites that were dismissed previously being looked at again?
A. The District Council has limited available land in its ownership. Some locations on the current potential temporary sites list are there because there are only a few sites which are capable of being used as a temporary site as determined by the District Council's Traveller Working Group.
Q. Which are the six possible temporary sites you are consulting on?
A. A special meeting of the District Council's Community & Environment Committee agreed on 22 July 2024 that consultation takes place for eight weeks on these sites:
- Old Station Close, Rowsley
- Land to South East of Hopton Works, Middleton Road, Wirksworth
- Arc Leisure Car Parks, Morledge, Darley Dale
- Station Yard Car Park, Dale Road, Matlock Bath
- Car Park, Derwent Way, Matlock
- Land to North West of Cemetery, New Road, Middleton
Q. So these six sites will be designated as temporary Traveller sites?
A. Not necessarily. No decisions will be made until the consultation closes and the feedback is analysed. At that stage councillors will meet again to agree on the final list of temporary sites.
Q. How have you arrived at the six possible sites?
A. The Council's Gypsy & Traveller Working Group examined all available options within the Council's control in the Derbyshire Dales and used a matrix to determine which should go forward to a public consultation.
Q. I don't think some of the possible sites are appropriate. How do I have my say?
A. An eight-week public consultation on the six possible temporary sites started on 25 July 2024.
Q Why has a new tap and pipework been installed at Old Station Close in Rowsley when the decision has not yet been made to designate the site a temporary Travellers’ site?A. Our records show that the last works to the tap was undertaken in November 2019.
Q. How are you consulting?
A. This online survey is available for eight weeks from 25 July 2024.
Q. Is that it?
A. No. The District Council will be holding public meetings in the vicinity of each of the six possible temporary sites. Dates will be announced soon.
Q. Will surrounding interested parties be directly consulted and included during the generation of local impact assessments for any proposed site, be it temporary or permanent before any revised recommendations are published?
A. Online surveys and public meetings will provide the opportunity for everyone to respond to the consultation.
Q. How does the Gypsy and Traveller Working Group envisage the format of the referenced public consultation?
A. The detailed format of the consultation is being considered. Para 2.11 of the report to the 22 July Community & Environment Committee sets out the format of the consultation.
Q. Why don't you look for a permanent site or sites?
A. We are. Consultants are currently investigating potential sites across the Derbyshire Dales and an interim report was presented to a special meeting of the District Council's Community & Environment Committee on 22 July 2024.
Q. How big do the permanent sites have to be?
A. The District Council has requested that two sites with an approximate site area of between 2500sq m and 3500sq m are identified, which takes into account national guidance that pitches should allow space for a mobile home and touring caravan as well as amenity building, parking and vehicle turning room.
Q. How are potential permanent sites assessed?
A. Our consultants have developed a site assessment matrix taking into consideration the above site area requirements and also the detailed site assessment criteria set out in the Local Plan Policy HC6 of the Derbyshire Dales Local Plan, which provides the planning policy basis for any decisions in relation to permanent Traveller sites within the local planning authority area. The site assessment matrix therefore incorporates the following:
- Approximate Site Area
- Current Use
- Visual Impact
- Conservation Area
- Impact on Nearby Settlements
- Traffic Impact on Site
- Vehicular Accessibility
- Pedestrian Accessibility
- Local Facilities
- Infrastructure Accessibilit
- Flood Zone Area
Q. How many pitches should there be in the Derbyshire Dales?
A. The number of pitches that should be provided within a local authority area is determined through a Gypsy and Traveller Accommodation Assessment. This requirement is then reflected in that local authority’s Local Plan. The requirement for the Derbyshire Dales District Council Local Plan area is:
- 6 pitches by 2019
- 1 additional pitch for each 5 year period after 2019
- A total of 9 pitches by 2034As of July 2024 no authorised pitches have been provided within the Derbyshire Dales Local Plan area.
Q. I know of land that I think would be a suitable permanent Traveller location in the Derbyshire Dales. How can I let you know?
A. Email our team at
Q. Who deals with Gypsy and Traveller issues at the District Council?
A. A Member-led Gypsy & Traveller Working Group was established by the new Progressive Alliance administration in May 2023 to lead efforts to identify suitable locations for site accommodation within the Council area. In a report dated September 2023, the Traveller Working Group acknowledged that the Council needed to broaden its search for suitable sites across the district and recommended the engagement of new land agents to assist with the search and to enable a more proactive and targeted approach to the identification of sites.
Q. What's the function of the District Council's Gypsy and Traveller working Group?
A. The role and function of this cross-party Working Group is:
- To oversee and consider exploratory work in order to bring forward all types of site (temporary/negotiated stopping places and permanent) for Gypsies and Travellers in collaboration with officers and organisations commissioned to support the Council;
- To undertake site visits to locations within the District that are under consideration in collaboration with officers and agents, to gain an appreciation of the issues associated
- To undertake site visits to other permanent traveller sites outside the district, to understand how other local Authorities have provided housing for their Gypsy and Traveller communities
- To provide political leadership and support officers in the delivery of permanent and temporary sites to enable the Council to meet its homelessness duties
- To provide recommendations to Community and Environment Committee for any decisions outside of this group’s remit in accordance with the Council’s Constitution
Q. A new code of conduct was adopted by the District Council in July 2024. Will the code of conduct for those residing on temporary sites as well as an overview of how the council envisages to enforce compliance to such code be made available for review and comment considering the existing budget constraints?
A. The code of conduct has been developed by the Traveller Working Group. Following adoption by the Community & Environment Committee on 22 July 2024, the code will be issued to the two Traveller families. Contraventions of the code will recorded and the families notified by letter.
Q. I've noticed other groups of additional unauthorised caravans in the car parks in Matlock and Matlock Bath. What action does the District Council take when they arrive?
A. The District Council is only able to evict Gypsies/Travellers off District Council owned land. If the Gypsies/Travellers are causing problems they will be moved on as soon as is possible and reasonable. There is a procedure that the District Council has to follow in dealing with such illegal encampments:
- show that the Gypsies/Travellers are on the land without consent
- make enquiries regarding the general health, welfare and children's education
- ensure that the Human Rights Acts 1998 has been fully complied with
- follow a set procedure in terms of proving ownership of land and details of the illegal encampment that will enable us to successfully obtain the necessary authority from the Courts to order the Gypsies/Travellers to leave the site
Q. How long does this take?
A. It normally takes two to three weeks to gather the relevant information and obtain a court hearing date. The Court can refuse to grant the District Council an order to move the Gypsies/Travellers on if it believes there is an unavoidable reason for the Gypsies/Travellers to stay on the site or if the Court believes that the council have failed to make adequate enquiries regarding the general health and welfare of the Gypsies/Travellers.
Q. Can't the Council discourage additional caravans?
A. At its special meeting of the District Council's Community & Environment Committee on 22 July 2024, it was agreed that a temporary but solid separation be established between the tolerated Traveller compound in Matlock Station car park and the rest of the car park.
Q. Do parking charges apply when an unauthorised encampment moves onto a public car park?
A. Encampments in car parks are 'unauthorised', and the legal process for eviction is entirely separate from the normal enforcement of car parking terms and conditions. Enforcement of car parking terms and conditions is difficult to apply in the case of transient caravan dwellers. In such circumstances, chasing an unenforceable fine adds unnecessary costs. The most effective remedy is to seek possession through the Courts. In addition, issuing and enforcing car parking charges could deem the encampment to be authorised. This could be counterproductive to the process of managing and seeking a court order to evict an unauthorised encampment.
Q. Why do Councils allow Gypsies and Travellers in the first place?
A. Gypsies and Travellers are recognised as ethnic groups with particular cultures, language and values and are protected from discrimination by the Race Relations Act 1976. For generations they have followed a nomadic way of life. 'New age' groups who may have chosen a nomadic way of life are not recognised as an ethnic group, but the same rules apply to their encampments as to those of Gypsies and Travellers.
Q. What about the rights of the settled community?
A. The rights of Gypsies/Travellers have to be balanced with the rights of landowners and those affected by the encampment. Each encampment is dealt with on its merits and if no public health nuisance or strong objections are received then the Government has advised that when Gypsies/Travellers are not causing a problem, the site may be tolerated.
Q. Are Traveller vehicles checked?
A. The police often run vehicle checks on new encampments. Individuals may be prosecuted as and when appropriate. Most of the vehicles are modern and well-maintained as they are used to support business interests. They are generally found to have valid MOT and tax.
Q. Why will the Council provide skips and portable toilets for some encampments?
A. The cost of clearing up a site can be quite considerable when large amounts of waste material are left behind. In some cases it is prudent and more cost-effective to provide skips and toilets. This can also reduce any adverse impact on the surrounding environment. We might also provide facilities where welfare checks indicate that this would be the correct course of action.
Q. Do Travellers and Gypsies pay taxes?
A. Travellers are subject to exactly the same financial rules and regulations as the settled community. It is not appropriate to discuss the personal financial circumstances of any individual in an open forum such as this, but we do know that the Travellers with whom we are dealing are registered within the system and are assessed accordingly.
Q. How do we deal with rubbish from the site?
A. We regularly visit unauthorised encampments on District Council land. We provide practical help to ensure every effort is made to try to keep the site tidy.
Q. What happens if the site is damaged or broken into?
A. Breaking in and damaging property are criminal offences which are investigated by the police. Any enforcement over these issues will be subject to sufficient evidence and witness statements. Witnesses would be required to make a statement to the Courts confirming that they can identify the person(s) who caused the damage. If you see any criminal activity being carried out by any member of the public, please report it to the police by phoning 101. Trespass on land by itself is not a criminal offence. Prevention of trespass and the removal of trespassers are the responsibility of the landowner - not the police.
Q. Can the police evict an unauthorised encampment?
A. Yes, in some exceptional circumstances. The police will visit the site and may use powers under Section 61 of the Criminal Justice and Public Order Act 1994. These powers will only be used in situations of serious criminality or public disorder not capable of being addressed by normal criminal legislation and in which the occupation of the land is a relevant factor. It is for the police, not the Council, to decide if Section 61 is to be utilised. The duty of the police is to preserve the peace and prevent crime. Prevention of trespass and the removal of trespassers are the responsibility of the landowner - not the police.
Meeting video
Here's the archive from the Special Community and Environment Committee meeting on 22 July 2024, including spoken representations from 25 local people.
You need JavaScript enabled to display this content.
