Conditions for Gypsy or traveller status?

Dear Ms Brown

Thank you for your email. This has been passed to our FOI Officer for
their attention. If you have anymore queries please do not hesitate to
contact us.

Yours sincerely,

Customer Services Section
Gravesham Borough Council
Tel: 01474 33 70 00
email: [Gravesham Borough Council request email]
Gravesham - A place of choice

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Dear Sir

I refer to your enquiry dated 01 September 2009.

There are two definitions of gypsies and travellers - one set out in
Circular 01/2006 which is used when regulating the use and development
of land for gypsy and traveller purposes and states the following:

"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, but excluding members of an
organised group of travelling show people or circus people travelling
together as such".

To fulfil this definition, it follows that the applicant/family must
have lived a nomadic way of life, either currently or in the past, and
have only stopped due to health/education needs. Applicants should be
able to demonstrate this as part of their planning application.

The second definition is set out in Statutory Instrument no:3190, The
Housing (Assessment of Accommodation Needs) (Meaning of Gypsies and
Travellers) (England) Regulations 2006, and is used for accommodation
needs assessment purposes as required by s225 of the Housing Act 2004.
Under this legislation the term "gypsies and travellers" means:

(a) persons with a cultural tradition of nomadism or of living in a
caravan; and

(b) all other persons of a nomadic habit of life, whatever their race or
origin, including-

(i) such persons who, on grounds only of their own or their family's or
dependant's educational or health needs or old age, have ceased to
travel temporarily or permanently; and

(ii) members of an organised group of travelling showpeople or circus
people (whether or not travelling together as such).

The second definition is a wider definition and includes Travelling
Showpeople. This reflects the need for local authorities to assess the
future accommodation needs of this community and plan strategically for
them. It is not appropriate to use this one for planning purposes.

Clive Gilbert
Service Manager (Development Control)
Gravesham Borough Council
Civic Centre
Windmill Street
Gravesend
DA12 1AU

Switchboard 01474 564422
Direct dial 01474 337393

www.gravesham.gov.uk

Gravesham - a place of choice

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