All privately owned park home sites require planning permission (for use of the land as a caravan site) and a site licence (issued under the Caravan Sites and Control of Development Act 1960). The licence contains conditions that are designed to protect the health and safety of residents and others onsite, and ensure that physical conditions on parks are maintained.
Note: The term ‘caravan’ refers to all caravans, mobile homes and park homes that do not fall under the definition of a dwelling in the Housing Act 2004.
Exemptions
Under the Caravan Sites and Control of Development Act 1960 there are exemptions from the requirement to have a licence, the most relevant being:
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the use of land for up to 5 caravans by an exempted organisation (such as The Camping and Caravanning Club and The Caravan Club)
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the use of land as a caravan site if it is occupied by the Council
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the use of agricultural land as a caravan site to accommodate seasonal workers (if the caravan/s is in use all year round then this exemption no longer applies)
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the use of land within the cartilage of a dwelling house if the use is incidental to the enjoyment of the dwelling
Licence Conditions
Conditions on existing site licences are based on the Office of the Deputy Prime Minister’s (ODPM) 1989 model standards. The Department of Communities and Local Government (formerly the ODPM) produced a revised set of modal standards in 2008 which apply to new site licences and will be considered where an application is made to substantially vary an existing site licence.
Site Inspections
It is the duty of the licence holder, not the Council, to ensure that mobile home parks comply with site licence conditions. The Council do not have a legal duty to regularly inspect mobile home parks; however a risk based inspection programme is in place. This means that sites that are given a high score are visited more frequently than sites that are given a low score.
Varying a Site Licence
The licence holder must apply to the Council in writing if they want to vary the site licence (such as the permitted number of units onsite). This should include detailed proposals and a site plan if the proposals include an alteration of the site layout. Site residents will be consulted where there is an application to vary a site licence.
Transfer of a Site Licence
When the holder of a site licence no longer occupies the land (if the site is under new ownership or management) the licence needs to be transferred to the new occupier. The name and contact details of the new occupier and the date of the transfer must be sent to the Council in writing who will then endorse it on the licence.
Challenging Decisions of the Council
The Caravan Sites and Control of Development Act 1960 allows the licence holder to appeal to a magistrates’ court against conditions attached to a licence when it is issued and against any alteration of a licence. The licence holder has 28 days from the issue of the licence to appeal.