Finding and buying land for a new site can be difficult and there are things that can go wrong. It is always best to get advice from a planning consultant on a site’s suitability, and to get help from a solicitor to deal with the conveyancing (the buying of the land) and searches for information.
There are, however, a number of questions you can ask yourself about a potential site before paying for advice.
Does the site have good access to services?
How far away is it from things like schools and shops? Ideally you would be able to walk from a site to drop kids off at school, or to buy a pint of milk. However, finding affordable land this close to services often is not possible. National planning policy for Traveller sites and most local plans recognise this, and don’t absolutely require sites to be within walking distance of services. Ideally, if you are not in walking distance, you should aim to find a site that is within a few minutes’ drive of the services that you need day to day.
Will the site have significant visual impact on the surrounding area?
How will the site look once it has got mobile homes, trailers and day rooms on it? For example, if it is on top of a hill and can be seen from miles around, it probably will not be ideal.
Gypsy and Traveller sites do not have to be completely hidden from view but ideally, they would have, or be able to have, soft landscaping to help soften any visual impact.
After buying a site, sometimes people plant evergreen species, such as laurels or leylandii, in order to screen the site. However, these species are not always the same as the plants that surround a site, so this won’t necessarily help with getting planning permission. If you would like to plant anything after buying land, aim to plant native species. A good guide is to look at what is already in existence in the area around a site. Better still, get the advice of a landscape architect who can come up with a planting scheme for the site.
Can the site be safely accessed?
Making sure that you can safely get on and off a site with a trailer is something to think about when looking at land. A good way of working this out before getting an expert to look at it is by measuring 2.4 metres back from the kerb line (this is where you would be sitting in a car). Have a look in both directions – how far can you see down the road? If the answer is not very much, then is it possible to trim back hedges in your ownership to be able to see further?
If you think that the visibility is OK, then seek the advice of a planner or highways expert to double check.
What is the road that the site is on like? For example, if it’s a long winding single track lane with no passing places it probably isn’t going to be ideal. It is also important to look at the route you would take when leaving the site, for example, if you have to turn onto a main road at a junction where the visibility is bad then you might get a planning application refused on highway safety grounds.
If in doubt, always get professional advice. Highway safety can be a “showstopper”, so it is important to get right.
Is the site at risk of flooding?
Another potential showstopper is flood risk. You can check the flood risk on a site using this website - https://flood-map-for-planning.service.gov.uk/
Ideally, the site will be in Flood Zone 1 (which is the lowest risk of flooding) and will not be at risk of surface water flooding. If there is a greater flood risk on the site, i.e. it is in Flood Zone 2 or 3 or at risk of surface water flooding, then you will need a flood risk expert to produce a flood risk assessment. This can be costly and there is no guarantee of success. If there is any significant flood risk on a site, get advice before buying the land.
Is the site in the Green Belt or another designated area?
A designated area refers to land that has been recognised for its special character or qualities and which has policies in place to protect it. Examples include:
- The Green Belt
- National Landscapes (formally known as Areas of Outstanding Natural Beauty)
- Local Green Space
- Phosphate zones
- Ancient Woodland
- Common Land
- International, national or local ecological sites
- Open Access Land
- Mineral Safeguarded Sites
- Nationally Registered Parks and Gardens
All these designations have different levels of importance but can make getting planning permission much harder if your site is either in or next to one of them. A good way of checking is by using - https://magic.defra.gov.uk/magicmap.aspx. The local planning authority (LPA) may also have an interactive map on their website that can tell you more about any designations. This is a useful first step when looking at a site, but it is important to ask a solicitor to carry out what is known as ‘local authority searches’ before buying a site, and then asking a planning consultant to look at them.
In the case of Green Belt land, strict national policies apply to all forms of new development. From December 2024, proposals for new Gypsy and Traveller sites will be considered on the same basis as other forms of new development i.e. they will be considered inappropriate development except in very special circumstances or where they comply with the exceptions set out in paragraph 154 of the National Planning Policy Framework (NPPF). The following exceptions are of specific relevance to Gypsy and Traveller sites:
…g) limited infilling or the partial or complete redevelopment of previously developed land (including a material change of use to residential or mixed use including residential), whether redundant or in continuing use (excluding temporary buildings), which would not cause substantial harm to the openness of the Green Belt…
…h) Other forms of development provided they preserve its openness and do not conflict with the purposes of including land within it.
These are:
… v. material changes in the use of land (such as changes of use for outdoor sport or recreation, or for cemeteries and burial grounds).
This means that if a proposal for a Gypsy and Traveller site in the Green Belt preserves openness – for example it involves the removal of a structure such as a stable block and is replaced with a mobile home - it may be considered appropriate development.
Additionally, new Gypsy and Traveller sites that utilise ‘grey belt’ land (which includes previously developed land in the Green Belt), or where there is a demonstrable unmet need for accommodation, may now be regarded as not inappropriate.
For a more detailed ‘unpacking’ of this policy and its implications for Gypsy and Traveller sites see Planning Reforms December 2024: Impacts on Planning for Gypsy and Traveller Communities.
Are there any utilities connections nearby?
When looking at a site, be mindful of any signs of pipelines crossing the land. These could be for gas or water and will have what’s called an ‘easement’ either side, this means an area in which you may be restricted as to what you can build. A solicitor will be able to undertake a utilities search to check this. You may also be near to a mains sewer and will have to connect to this, it is worth checking what the likely cost of this will be from the water company.
What is the planning history of the site?
It is worth finding out if any planning applications have been submitted on a site previously. For example, if someone else has applied for a Gypsy and Traveller site and this application has been refused, you should look at the reasons why as it may mean there is no point trying again (although it is worth bearing in mind the December 2024 policy changes described in the section ‘Is the site in the Green Belt or a designated area?’). Likewise, if there is an enforcement notice on the land this could mean that a local authority can decline to determine (refuse to decide) any new application if it is for something similar.
You can find out about the planning history from the planning search of a local planning authority’s website by using the planning search map or by putting in the site address. Again, a solicitor can carry out searches and a planning consultant explain what it all means.
Is there a need for Gypsy and Traveller sites in the area?
It is a good idea to check what the level of need for pitches is in an area. You can do this by:
- Looking at the Gypsy and Traveller Accommodation Assessment on a local planning authority’s website;
- Looking at officer’s reports or appeal decisions for recent applications or appeals of Gypsy and Traveller pitches;
- Contacting the planning policy department of a council and asking.
A planning consultant can advise on this. If there is unmet need in an area, then this can help your case.
From December 2024, if a local planning authority cannot demonstrate a 5-year supply of deliverable sites then the ‘presumption in favour of sustainable development’ will apply. This means that applications for Gypsy and Traveller sites will be considered on the same basis as mainstream housing and planning permission should be granted unless their adverse impacts significantly and demonstrably outweigh their benefits.
However, it is important to remember that there does not need to be unmet need in order for planning permission to be granted.