The issue of Gypsies and Travellers and their need for accommodation is highly topical, and I am grateful to the House for the opportunity to raise the matter on the Floor of the House and to seek some much-needed clarification from the Government. There are two matters that concern Congleton borough council: first, demand for additional caravan sites for Gypsies in terms of their location and size; and, secondly, the stationing of caravans belonging to Gypsies and Travellers within the curtilages of the residential properties that they have purchased. At the moment, the second issue appears to be located only in one part of the borough—Middlewich.

Middlewich has approximately 30 houses owned by Gypsy families with multiple caravans compacted in their garden areas. The adopted Congleton borough local plan contains policies that relate to Gypsy caravan sites, and there are a number of criteria against which planning applications will be judged. A number of permissions have been granted for small sites, but recently there have been incidences of illegal encampments, notably at Cranage. The latter would provide enough material for another debate, but I want to focus this evening on the second issue that appears to be peculiar to Middlewich, which historically has had a number of Gypsies among its population.

An increasing number of Middlewich residents have raised concerns about various domestic operations and activities undertaken by Gypsy families more recently settled in the town. Specifically, residents query whether those families are in breach of planning legislation by hard surfacing the whole or a major part of their gardens; by installing elaborate decorative railings; by keeping and using one or more caravans in their gardens; and by installing shower and lavatory blocks and electricity points in the gardens to facilitate living in the caravans.

For the past two years, the CW10 residents action group has been trying to establish why our local authority allows mini-caravan sites in the cartilage of dwelling houses without the need for planning permission, licence conditions such as those for health and safety, or enforcement, which are the normal requirement for any land where the intensification of use has occurred—that is, where a material change of use has taken place.

The council has considered the issues and two barristers, each specialising in Gypsy-related planning law, have been consulted. Their advice is that caravans do not need planning permission if they are ancillary or incidental to the use of a dwelling house. What is incidental varies according to the particular facts of each case, and to ascertain those facts, the proper approach is to investigate and judge each case on its merits, taking into account, first, the degree to which each caravan is functionally connected with and subordinate to the use of the dwelling house. For example, to what extent do those who sleep in the caravans use facilities in the house? Do the caravans provide independent living accommodation or are their occupants dependent on facilities in the house, too?

Secondly, the relative scale of accommodation available in both the dwelling house and the caravan must be taken into account. For example, caravans providing sleeping accommodation for a small overflow of family members may well have a subordinate, functional link to the main house, but may not where the caravans provide more accommodation than the house itself. Thirdly, account must be taken of the relative size of the dwelling house, its garden and the caravan. The larger the first two and the smaller the latter, the more likely it is that a subordinate, functional link exists. Fourthly, the relationship between the occupants must be taken into account. Extended family groups are more likely to share functional links.

To help to decide whether caravans are incidental or require planning permission, enforcement officers would need to ask each family questions along the following lines. Who lives in the house? Who lives in the caravan? What is the relationship between those people? What size of rooms and what kind of facilities exist in the house and caravan, and who uses what? How are utilities such as electricity, gas, water and waste shared? Are any payments shared? Is rent paid? What are the family's intentions for the proposed use of the caravans, including time scales?

The borough council considers that hard surfacing of part or all of the garden will generally be permitted development and that the erection of decorative railings will follow normal permitted development rules that apply to all means of enclosure. Likewise, the construction of shower and lavatory blocks might require planning permission, or might be permitted development, depending on the usual spatial allowances that apply to all residential properties.

Congleton borough council's stance has been that multiple caravans sited in the gardens of houses are permitted development because they are incidental to the enjoyment of the dwelling house and occupied by extended family members.