Cyngor Bro Morgannwg
Vale of Glamorgan Council

Site should therefore be removed forthwith from the Replacement Local Development Plan and alternative sites identified which better meet the criteria set out in the Gypsy and Traveller Accommodation Assessment and Policy MD18.

Response to SP9 (Gypsy and Traveller Site Provision) & GT1 (Gypsy Traveller Accommodation)
Location – Land at Llangan (the “Site”)
Primary objection
The Site was the subject of judicial review proceedings.
The former South Glamorgan County Council granted itself planning permission to use the Site as a gypsy site on 20 December 1994. The High Court quashed the planning permission, such that it had no standing in law (R v South Glamorgan County Council ex parte Harding (1997).
In connection with the judicial review proceedings, the Council, through its the Chief Executive,
Mr Foster, entered into a formal undertaking dated 1 May 1996 (the “Undertaking”). The Undertaking was made for the benefit of the wider Llangan community and required the Council to use its best endeavours to remove the occupiers from the Site and, once the Site became va
cant, to remove all structures and services and restore the Site to its original agricultural position.
Notwithstanding that the Undertaking was given some time ago, the Council remain bound by
the same, as they have not yet complied with its terms.
Further, in around June 2017, Llangan Action Group, Llangan Community Council and the traveller family occupying the Site reached an agreement with key members of the Council for the Site to be vacated, and for the Site to be transferred to the Community Council for use by the community.
The discussions and agreement reached in around June 2017 were the result of much time and
effort by all parties and the result would have allowed the Council to discharge the Undertaking it had agreed to be bound by.
For reasons that I believe were not explained, the Council reneged on the agreement without notice or explanation, such that the terms of the legally binding Undertaking are yet to be dis charged.
The proposal to extend the Site to accommodate 7 pitches was received as a surprise in light of the above, as to increase the number of pitches goes completely against what was agreed and goes against the doctrine of legitimate expectation.
Whilst it is appreciated that the Council has an obligation under the Housing (Wales) Act 2014
to make provision for the gypsy and traveller community, it is not clear on what basis the Council has identified a single site to fulfil its obligation in respect of which it is bound by an under taking to return to agricultural land.

Secondary abjection – Suitability of the Site
Notwithstanding the above, the Site is not suitable in any event. It is again surprising how the Council has identified this as the only single suitable site without providing justification to why other alternative sites were not put forward. A list of reasons is set out below. These are not intended to be exhaustive, but illustrative of why the Site is considered unsuitable:
The Site does not meet the criteria set in the VOG’s own current Gypsy and Traveller Accommodation Assessment (“GTAA”) and with reference to Policy MD18 (Gypsy and Traveler Accommodation), including because:
Access to the Site is poor. The lane is narrow (circa 2.5m). As such, it does not meet the recommended access requirements for emergency vehicles of is 3.7m.
The alternative route through Llangan village is not suitable for emergency vehicles due to it having a weak bridge.
Extending the proposal to 7 pitches on the Site would further restrict the ability of emergency vehicles to manoeuvre around the Site.
The fact that access is poor was recognised in the Report on the examination into the Vale of Glamorgan Local Development Plan 2011 – 2016, prepared by Richard E. Jenkins BA(Hons) MSc MRTPI, as Inspector appointed by the Welsh Ministers, dated 25 May 2017, which also found that drainage at the Site was poor. The Report stated, “It is clear that access and drainage works would need to be improved for the site to meet Welsh Government guidance.”. These constraints remain relevant when considering the proposed significant expansion of the Site. The issue with drainage near the Site can be seen from the photograph below. No changes have been made since 2017, such that the same issues remain.
Site access is “unsafe” having extended walks (in excess of 800m) along unlit land with no public footpath or street lighting.
The local area cannot support an increase from 2 to 7 pitches. The Site is not reasonably accessible to day-to-day services, facilities and employment, medical facilities, shops and community facilities (there are no shops, restaurants, pubs/bars in the area) and there is no public transport in Llangan. The nearest train station is in
Pencoed, which is over 6km away by road. Cowbridge, the nearest town, is circa 7.5km from the Site which is the nearest settlement providing a range of services. As there is no public transport serving the Site and no local facilities within walking distance, the location therefore conflicts with the RLDP objective of reducing the need
to travel and promoting sustainable transport.
The size of the Site and number of pitches proposed is not appropriate to its location and accommodation needs.
The Cardiff and Vale of Glamorgan Survey and Assessment of Gypsy and Traveller Accommodation – Final Report – August 2008, prepared by the Fordham Research Group Limited made a finding that there was a preference for members of the Gypsy / Traveller community for smaller, family-sized sites. The expansion of the Site to 7 pitches is wholly contrary to the findings of the report commissioned for the benefit and assistance of the VOG.
9.3 The Replacement Local Development Plan 2021 – 2036: Issues, Vision and Objectives June 2023 (Background Paper – BP2) states, at 4.1. that: “Our Vision for the Vale of Glamorgan is a place:
• That is safe, clean, and attractive, where individuals and communities have sustainable opportunities to improve their health, learning and skills, prosperity, and wellbeing; and
• Where there is a strong sense of community in which local groups and individuals have the capacity and incentive to make an effective contribution to the future
sustainability of the area.”

The RLDP objectives are set out at paragraph 5 as follows:

To sustain and further the development of sustainable communities within the VOG, providing opportunities for living, learning, working and socialising for all.

The location of the Site does not support this objective.

To ensure that development within the VOG makes a positive contribution towards reducing the impact of and mitigating the adverse effects of Climate Change. In respect of mitigating climate change,it is stated this means:

“Encourage development that reduces the need to travel by car and encourage people to participate in active travel and use sustainable transport to reduce emissions and improve air quality.

Ensure that all new development and infrastructure is reliant to future impacts arising from Climate Change, Direct development away from areas prone to flood risk and incorporate water management, biodiversity enhancement and adaptation measures.”

Development of the Site will not contribute towards this objective. In particular, as stated above, the lack of
public transport will no doubt result in multiple vehicles being used to transport to and from the Site. Such a need could be avoided if the allocation requirement was situated in an area with better public transport / an area close to facilities such as healthcare etc.

Alternatively, the agreement previously reached with the VOG to return the Site to the Community Council for
use as allotments would have a positive impact in respect of climate change, not least due to the fact that produce would be grown locally. The success of allotments in Treoes has demonstrated the viability of such a programme and the VOG had previously indicated its support for returning the Site to the Community Council
for such a purpose.

To reduce the need to VOG residents to travel to meet their daily needs and enabling them greater access to sustainable forms of transport.

As above, the Site does not meet this objective due to its distance from facilities such as healthcare, shops etc.
and the lack of public transport.

To protect and enhance the VOG’s historic, built, and natural environment.

The proposal would adversely impact the undeveloped rural character of the area.

To maintain, enhance and promote community facilities and services in the VOG.

The VOG’s previous agreement to return the Site to the community for use as an allotment is a key illustration of achieving this objective. The proposed extension of the Site for 7 pitches does not promote this objective, but wholly detracts from it. Llangan does not any other land to
enhance and promote community facilities and services. Further, as the VOG is aware, the Community Council
is not seeking funding from the VOG for the maintenance of the Site which the VOG agreed to transfer management of to the Community Council.

To provide the opportunity for people in the VOG to meet their housing needs.

It is accepted the VOG has a lawful duty under section 101(1) of the Housing (Wales) Act 2014 to carry out
an assessment of the accommodation needs of Gypsies and Travellers residing in its area. That is not disputed.
The fact that the VOG has a legal requirement to meet this legal obligation does not, however, mean that the selection of an unsuitable Site is acceptable to ‘tick a box’ to meet that obligation is acceptable.
The fact that the VOG own the Site is not a reason on its own for extending the Site from 2 to 7 pitches. Further,
the fact that the VOG were, through its predecessors in time, party to a lawful undertaking to clear the Site and return it to its previous agricultural status, coupled with the VOG’s agreement to transfer the management of the Site to the Community Council is evidence of a competing
obligation in law for the use of the Site.

To ensure that development within the VOG uses land effectively and efficiently and to promote the sustainable use and management of natural resources.

As above, this objective would not be met by extending the Site to accommodate 7 pitches. Further, this is agricultural land in a Special Landscaped Area.

Further:
The Site would not meet the standards required for social housing. The same standards apply for housing for the Gypsy and Traveller community.

The scale of the proposed number of pitches poses a real risk of escalating fear and tension within the local community, which would be contrary to encouraging and developing good relations between Gypsy Travellers and the settled community.

Notwithstanding the above, the independent inspector’s report concluded the Site was only suitable for 2 pitches after reviewing all the evidence. It is not clear what
has changed for the VOG to conclude that a 350% increase in the number of pitches is suitable.

Mixing families from the Gypsy and Traveller community. The Welsh Government’s approach to Gypsy and Traveller Accommodation Assessments (GTAA) emphasizes
culturally appropriate, safe, and secure accommodation that meets the needs of families, rather than dictating the forced mixing of specific family groups on sites. The
guidance was updated in March 2025.

The assessment makes no reference that the Site is in a Special Landscape Area.

The Replacement Local Development Plan 2021 – 2036: Special Landscape Area – Background Paper – BP-28, November 2025, provides at para 1.6: “The designation of the SLA was not intended to prevent development, but to ensure that where development was acceptable, careful consideration was given to the design elements of the proposal such as the siting, orientation, layout and landscaping, to ensure that the special qualities and characteristics for which the SLAs have been designated are protected.”

In addition to being in a designated Special Landscape Area, the Site is adjacent to the Llangan Conservation Area. The RLDP background paper acknowledges the importance of protecting views and landscape character within these areas. The proposed expansion to seven pitches risks materially affecting the rural character and
important views from the conservation area.
Conclusion
For the reasons set out above, the allocation of the Site at Llangan for additional Gypsy and Traveller pitches is not justified and is inconsistent with the Council’s own policy framework and previous legal commitments relating to the land. It is also highly questionable whether it would
be deliverable within the plan period given the substantial and costly work that would be required at the Site, such as dealing with the drainage issue.

The Site should therefore be removed forthwith from the Replacement Local Development Plan and alternative sites identified which better meet the criteria set out in the Gypsy and Traveller Accommodation Assessment and Policy MD18.
New site grants are available and cost should not be a material planning consideration.