CABINET –Agenda item 14

9TH OCTOBER 2014

MOBILE HOMES ACT 2013 – CHARGING POLICY

Further to the previous Meeting of the Cabinet held on the 4th September 2014, there is a need to report back on the issue of the Annual Monitoring Fee under the Mobile Homes Act 2013.

At the September Meeting the Cabinet agreed that the Park Homes Policy Working Group be asked to discuss the Annual Monitoring Fee and come back to the Cabinet with a recommended final fee.

At its meeting on 24th September 2014, the Park Homes Policy Working Group recommended that the Annual Monitoring Fee should be £40 per pitch, with an exception for individual owner occupied sites. It also recommended that the fee be implemented from 1st September 2015 and would be reviewed every three years.

A copy of the original report to Cabinet has been appended to this update for information.

Recommended:

That

(i) the Cabinet recommend to Council that the Annual Monitoring Fee be set at £40 per pitch, with an exception for individual owner occupied sites

(ii) the Annual Monitoring Fee be charged starting on 1 September 2015.

(iii) the Annual Monitoring Fee be reviewed every three years.

Agenda Item No: 12

Report To: Cabinet

Date: 4th September 2014

Report Title: Mobile Homes Act 2013 – Charging Policy

Report Author: Sharon Williams

Portfolio Holder: Cllr A Hicks

The Mobile Homes Act 2013 has provided a new regime for Summary: tighter controls over the licensing and monitoring of relevant park home sites.

The Council wishes to ensure that residents on park home sites are afforded the full protection that the law can provide and that a rigorous approach is taken in respect of monitoring relevant park home sites.

The Act provides that Councils may make charges for considering licence requests or for amendments or the transfer of a licence and also an annual charge for monitoring the site licence conditions. Finally the Act provides that Councils may charge for enforcement action taken in relation to a breach of licence conditions on relevant sites.

A member working group called the Park Homes Policy Working Group, chaired by Cllr Clarkson, has considered the new Act and has considered the implications arising from the Councils new powers and responsibilities.

This report sets out the Councils recommended policy in relation to setting charges under the new Act.

Key Decision: YES

Affected Wards: All

Recommendations: The Cabinet be asked to:-

1. agree that the fee methodology for charging annual monitoring fees should be based on a flat rate model with all relevant protected sites being charged the same annual fee;

2. recommend to Council that the annual monitoring fee be set at £30 per pitch to be implemented during 2015/16;

3. recommend to Council that the fee policy for Issuing, Transferring and Amending Site Licenses as set out at paragraphs 20 – 24 and appendix 3 in the report is approved;

4. recommend to Council that, where appropriate, the total expenses for taking enforcement action and any related work including appeals, tribunals, etc., be recovered from the site owners;

5. recommend to Council that a fee of £60 is charged for checking and depositing site rules with the authority;

6. that the scheme of delegation is amended to take account of the new legislation by deleting paragraph 14.2(f) of the delegation to the Head of Community and Housing and by adding a new paragraph 14.29 giving delegated authority to the Head of Community and Housing to exercise all functions of the Council under and in connection with the Caravan Sites and Control of Development Act 1960, Caravan Sites Act 1968 and the Mobile Homes Act 2013 and any orders or regulations made thereunder;

7. that a review of the licence conditions attached to a site licence is undertaken to ensure that the conditions are clear and robust and that the Head of Community and Housing implements the new conditions subject to the approval of the Park Homes Policy Working Group and also allowing representations from site owners and residents.

Policy Overview: The Council is responsible for licensing park home sites and for monitoring the licence conditions.

Financial In order to carry out the new responsibilities under the Mobile Implications: Homes Act and take a robust approach to monitoring licence conditions, it is likely to require an additional part time staff resource, however some of the costs of this may be recovered via charges levied towards the park home owners. As these charges may be passed on by the site owners to individual residents the charges must be reasonable and proportionate.

Risk Assessment NO

Community Impact YES – A specific community impact assessment will be Assessment carried out during September 2014.

Other Material The Mobile Homes Act 2013 sets out the legal provisions Implications: under which local authorities may make charges to park home site owners. This act updates but does not replace the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968. In view of this the scheme of delegations must be amended to provide delegated authority to the Head of Community and Housing to exercise all functions under the new legislation and associated guidance and regulations.

Exemption Not exempt Clauses:

Background None Papers:

Contacts: [email protected] – Tel: (01233) 330803

Agenda Item No.12

Report Title: Mobile Homes Act 2013 – Charging Policy

Purpose of the Report

1. To agree the Council’s charging policy in relation to the licensing functions under the Mobile Home Act 2013 in relation to relevant protected sites.

2. To agree the charging policy in relation to that annual monitoring fee for relevant protected sites

3. To agree the policy for charging for enforcement under the Mobile Homes Act 2013 and any other relevant legislation.

4. To agree the charging policy for depositing site rules with the local authority.

Issue to be Decided

5. Agree that the fee methodology for charging annual monitoring fees should be based on a flat rate model with all relevant protected sites being charged the same annual fee.

6. Recommend to Council that the annual monitoring fee be set at £30 per pitch to be implemented during 2015/16.

7. Recommend to Council that the fee policy for fees for issuing, transferring and amending site licenses asset out at paragraphs 20 – 24 in the report is approved;

8. Recommend to Council that where appropriate, the total expenses for taking enforcement action and any related appeals, etc be recovered from the site owners.

9. That the scheme of delegation is amended to take account of the new legislation by deleting paragraph 14.2(f) of the delegation to the Head of Community and Housing and by adding a new paragraph 14.29 giving delegated authority to the Head of Community and Housing to exercise all functions of the Council under and in connection with the Caravan Sites and Control of Development Act 1960, Caravan Sites Act 1968 and the Mobile Homes Act 2013 and any orders or regulations made thereunder.

10. That a review of the licence conditions attached to a site licence is undertaken to ensure that the conditions are clear and robust and that the Head of Community and Housing implements the new conditions subject to the approval of the Park Homes Policy Working Group.

Background

11. The Mobile Homes Act 2013 brings the most significant changes in the legislation regarding park homes sites for 30 years and provides a new licensing regime and greater powers for monitoring and enforcement of licence conditions on relevant protected sites. This Act is an updating Act and does not replace the Caravan Sites and Development Act 1060 or the Caravans Act 1968 which remain in force. An overview of the legislation and the main changes under the Mobile Homes Act 2013 is provided at Appendix 1 for information.

12. With effect from 1st April 2014 local authorities will be able to charge fees for the following: • Considering applications for the issue or transfer of a site licence • Considering applications for altering conditions in a site licence • Administration and monitoring of site licence conditions on relevant protected sites only • Enforcement action

13. The definition of a relevant protected site is provided in guidance provided by the DCLG. Any licensable caravan site will be a relevant site unless it is specifically exempted from being so. A site is exempted from the definition of a relevant protected site if it has planning consent or a site licence for exclusive holiday use or there is any restriction on use as a permanent residential site, (the object of the new licensing provisions being better protection of sites in residential use.)

14. There are approximately 100 licenced sites in the Area and of these it is believed that 46 will be considered relevant protected sites in that there are permanent residential homes on the site. However a large number of these are owner /occupied sites and therefore to some extent may be self regulating in terms of compliance with site licence conditions. There are 5 larger commercially run sites where residents rent the ‘pitch’ but provide their own mobile / park home to place on the pitch, and it is these sites that traditionally attract the highest volume of complaints, issues and disputes with the site owners. A list of the relevant protected sites within the Ashford Borough Council area is at Appendix 2.

15. The opportunity to set charges for licensing functions and monitoring site licence conditions provides the Council with an opportunity to improve the service that it can offer residents on relevant protected park home sites. The DCLG suggests in their guidance that charging will provide a valuable income stream to fund licensing functions. They acknowledge that many local authorities do not have the resources to provide the service that they would wish to for licensing and monitoring and they suggest that the increased income could provide an improved service.

16. The Private Sector Housing Team are responsible for the licensing function as well as a wide range of other functions such as disabled facilities grants, complaints about poor condition in the private rented sector, monitoring and licensing Houses in Multiple Accommodation (HMO’s) dealing with gypsies and travellers, landlord accreditation, etc.

17. Currently there are only two members of staff in this team – one Senior Technical Officer and one Technical Officer and it will be necessary to consider additional resources for the team to enable them to carry out the new functions under the Mobile Homes Act should members agree that the Council needs to take a proactive and rigorous approach to the licensing and monitoring functions.

18. The DCLG sets out in its guidance that the overriding consideration for setting fees is that they must be reasonable and transparent and that there must be consistency in the fee structure and its application. The guidance advises against targeting a specific site because it requires more attention in terms of enforcement action. It is for the local authority to decide if they wish to charge fees for their licensing functions in relation to relevant protected sites, but if they wish to charge fees this must be set out in a fee charging policy. Similarly fees for enforcement work and issuing or amending licences should also be set out clearly.

19. It is important to note that the legislation provides that the licence holder may pass on the costs of the annual monitoring fee to the pitch holders. However the licence holder is not entitled to pass on fees in respect of enforcement action.

20. The DCLG has produced guidance for local authorities on setting site licensing fees and have left it for the local authority to decide whether or not they wish to charge and if so which model they will apply in calculating the fees.

21. A member working group, called the Park Homes Policy Working Group, was set up to consider the policy implications arising from the Mobile Homes Act which was chaired by the Leader of the Council. The group has considered the issues and endorsed the proposals contained within this report.

Fees for Issuing, Transferring and Amending Site Licenses

22. The local authority must have regard to the matters prescribed in regulations when deciding whether to grant a licence or approve a transfer of an existing one. It may refuse to grant or transfer a licence in certain circumstances until arrangements can be made to satisfactorily resolve any breaches of conditions found on the site.

23. The process of considering an application for a licence is time consuming and involves at least two visits to the site, liaison with the owner and planning and also background checks.

24. As the time taken to complete the process of considering a new licence can vary according to the size of the site it is suggested that we set the charges on a banding system. The fees have been calculated on the time taken to undertake the task on an hourly rate of £30 per hour including mileage. A full breakdown of the process involved to process a new site licence application is attached at Appendix 3.

25. It is also proposed to use the same banding structure for processing amendments to licences and also applications to transfer a site licence but as these generally do not require as much time input as considering a new licence it is suggested that we set these rates as a percentage of the fee for a new licence.

26. The tables below set out the recommended fee structures therefore for applying for a new licence, applying for a transfer of a licence and finally applying for an amendment to a licence.

Fee Structure For New site licence applications Band 5 Band 4 Band 3 Band 2 Band 1 200+ 100-199 51-99 11-50 1-10 pitches pitches pitches pitches pitches Charge £936.99 £756.99 £627.00 £450.49 £385.50

Application to transfer a site licence Band 5 Band 4 Band 3 Band 2 Band 1 Charge £187.40 £151.40 £125.40 £90.10 £77.10 NB: 20% of New Site Licence Application

Application to Amend Site licence- Fee Structure

Band 5 Band 4 Band 3 Band 2 Band 1

Charge £312.33 £252.33 £209.00 £150.16 £128.50

NB: 33% of New Site Licence Application

Fees for Enforcement Work

27. The Mobile Homes Act now provides the power for the Local authority to charge for enforcement work undertaken. This fee cannot be passed onto the residents.

28. The DCLG sets out that Local Authorities should make every effort to work positively with site owners to highlight any areas of concern and give them an opportunity to address or rectify the issues. In view of this in the first instance where breaches of licence conditions are found officers will write to the site owner / site manager notifying them of the breach in conditions. Where no satisfactory response is received within a reasonable period then the Council will consider the use of a compliance notice where it is appropriate and in the public interest to do so.

29. As it is likely that the costs of enforcement will vary from case to case it is suggested that officers log the time and expenses involved in any enforcement action taken, including defending appeals and that the site owner is re-charged for the full extent of the costs incurred. This will include legal costs for advice and preparation of notices and letters and attendance at Tribunals and any other activity or expense related to enforcement work.

Annual Monitoring Fees

30. A local authority in who has issued a site licence in respect of relevant protected site in their area may require the licence holder to pay an annual fee fixed by the local authority.

31. In setting an annual fee in its policy the local authority may take into account the following matters on which costs are incurred:

• letter writing/ telephone calls’ etc to make appointments and requesting any documents or other information from the site owner or from any third party in connection with the licensing process; • handling enquiries and complaints; • updating hard files/ computer systems; • updating the EU Directive website if appropriate; • processing the licensing fee; • time for reviewing necessary documents and certificates; • downloading photographs; • preparing reports on contraventions; • review by manager or lawyers; review any consultation responses from third parties; • carrying out risk assessment process considered necessary

32. Whilst any fees charged in relation to annual monitoring may be included within the pitch fee that the site owner sets for the residents, the DCLG have provided the facility to enable local authorities to generate income to provide a revenue stream to fund the delivery of an improved service to the residents of relevant protected sites.

33. The DCLG has produced guidance for local authorities on setting annual monitoring fees but have left it to the discretion of the local authority in relation to how they calculate their charges.

34. It is likely that officers will undertake formal monitoring visits to the site at least twice a year for the main sites and once a year for the smaller sites. In addition to this officers will visit to respond to and investigate complaints on the relevant sites. It is important to note that at the residents consultation meetings held by the Council there is a strong indication that there is a high expectation on the Council to deliver and therefore it will be important in setting fees to attempt to balance the need for increased resources to cover the monitoring and licensing work effectively with the impacts that this will have upon individual residents.

35. The majority of issues and reports of breaches of licence conditions do arise in the main from the five larger commercial sites in the Borough and many of the smaller sites are owner occupied sites or privately owned gypsy sites.

36. After consideration of the guidance on setting fees at the member working group the group felt that the best option for Ashford was to agree a flat rate fee which would be applied to all sites, including commercial and non commercial sites, and therefore this option is recommended.

37. It is considered appropriate in terms of the fee set that it should fund at least in part an additional part time officer to undertake monitoring and licensing work. The cost of a Technical Officer for 18.5 hours to the local authority at SCP 27 is £14,579.80 inclusive of car allowance, employers pension and employers national insurance.

38. Given that there are approximately 385 pitches in total across the commercial and the non commercial sites this equates to approx. £37.87 per pitch per year. Members of the working group a sum more in the region of £20 to £30 per year would be more appropriate and requested that officers undertake a benchmarking exercise with other Councils who have considered an annual fee.

39. Our research found a total of 10 councils who have thought about or decided a charging structure, of which only two were authorities. The results of the benchmarking exercise revealed that none of the local authorities contacted had adopted a flat rate fee structure. This may be in part due to the fact that the authorities that we have approached have larger teams which may have more capacity to absorb this work. The maximum fee per pitch within the results obtained was around £22, however it is difficult to compare as in all examples a banding structure was used and therefore there were variable rates according to the size of the sites.

40. It is suggested therefore that the annual monitoring charge is set at a fee of £30 per pitch in order to balance the need to resource the implementation of the Mobile Homes Act with the impact that this may have on residents if this fee is passed onto them. In addition the Park Homes Policy Working Group recommended that the implementation of the fee was delayed until 2015/16 to provide residents with maximum time to prepare for any increases in site fees as a result of this charge. The fee of £30 equates to approximately £0.58 per week per pitch.

41. It is important to note that if the fee is set at £30 per pitch, there will be a shortfall in income of approximately £3,030. However as this officer will also carry out functions in relation to issuing and amending site licences which will also attract a fee, and also we suggest that we re-charge fully for officer time involved in enforcement, it is likely if the fee can be set at £30 with the shortfall being contained within existing budgets.

Amending the Site Licence Conditions

42. Section 8 and 9 of Appendix 1 set out the provisions in the legislation in relation to site licence conditions. Whilst the Council has to have regard to the Model Standards 2008 which were produced by government, the local authority is able to embellish and add to the conditions with certain exceptions as set out. 43. The Mobile Homes Policy Member Working Group have requested that the conditions that we attach to site licences are reviewed and updated and this will be considered in more detail at the next meeting on 24th September 2014. 44. It is suggested that authority be given for the group to make the final decisions on recommended amendments which will then be communicated to site owners who must be allowed to make representations if they so wish.

Fees for Depositing Site Rules

45. Site rules are different to site licence conditions in that they are neither created nor enforced by Local Authorities. They are a set of rules created by the site owner which contractually residents have to comply with. They may reflect the site licence conditions but will also cover matters unrelated to licensing. 46. The Mobile Homes Act 2013 makes amendments to the Mobile Homes Act 1983 Act in relation to site rules. Site rule regulations came into force on 4th February 2014 which requires existing site rules to be replaced with new site rules to be deposited with the Local Authority within 12 months of this date. If the site owner does not consult residents on the new rules and follow the processes set out the law states that it will be deemed that there are no site rules in place.

47. The residents of park home sites were very concerned about this at their consultation meeting. In view of this site rules were covered fully at a consultation meeting with the site owners’ representatives at the Civic Centre during on 21st July 2014. It was encouraging to note that the main commercial sites were represented and the majority had already commenced the action required to review and consult on their site rules. Those who had not were strongly advised to take action as soon as possible in this regard or face having no rules on their site.

48. Local Authorities will need to satisfy themselves that any replacement or new rules deposited with them have been made in accordance with the statutory procedure. They will also be required to establish, keep up to date and publish a register of site rules. In doing so a Local Authority may charge a fee for the depositing of site rules, or the variation or deletion of site rules.

49. It is therefore recommended that a fee of £60 be applied to site owners depositing, amending or deleting site rules with the Council. This equates roughly to 2 hours work at a rate of £30 per hour.

50. Once the rules have been finalised and consulted upon they must be deposited with the Council and held so that they can be accessed by the public. Whilst the Council will not be responsible for enforcing site rules, it is responsible to check that there are no banned rules included at the time that they are deposited and that the consultations process has been completed.

Risk Assessment

51. There are no risks as a result of this report.

Community Impact Assessment

52. A community impact assessment will be considered during September prior to the implementation of this policy.

Other Options Considered

53. The alternative is that the Council does not take a proactive stance in monitoring park home sites and that we do not exercise our powers for enforcement, however this is not supported by the members at the Park Homes Policy Working Group and would not be popular with residents.

Consultation

54. A full consultation exercise has taken place using survey monkey with residents and the results were shared with the member working group. In addition an event was held for residents at the International Hotel where a presentation was given to residents regarding the changes under the Mobile Homes Act.

55. In addition the owners / managers of park home sites were invited into a session in the Council Chamber. The main five commercial sites were represented at the event where a presentation was given outlining the responsibilities on site owners and views were invited.

Implications Assessment

56. The Mobile Homes Act 2013 sets out the duties that the Council has in relation to site licensing. In addition it sets out the powers that the local authority has to make charges and also in relation to enforcement options. This Act updates but does not replace the Caravan Sites and Control of Developments Act 1960 and the Caravans Sites Act 1968. None of the provisions within the Mobile Homes Act 2013 relate to holiday sites which the team are also responsible for licensing.

57. In order to undertake the additional requirements of the Mobile Homes Act 2013 and to take a proactive and rigorous approach to monitoring site licence conditions, it will be necessary to increase the resources within the private sector housing team by a part time post of 18.5 hours per week at a cost of £14,580. If the fee is set at £30 per pitch this will result in a potential shortfall of approximately £3,030, however it is thought that this can be reduced by the charging structure for issuing and amending licences and for enforcement and the remaining shortfall can be contained within the existing budgets.

58. If implementation of the annual monitoring charge is delayed until 2015/16, then there will be a charge to the general fund during 2014/15 of approximately 6 months of salary costs at approximately £7,200, which would have to be contained within existing budgets.

Handling

59. A member working group called the Park Homes Policy Working Group was set up and chaired by the Leader. This group has considered fully the options for charging fees and have agreed the recommendations within this report.

60. The group will meet again on 24th September 2014 to review the licence conditions and consider any additions or alterations to these. It is suggested that the Head of Community and Housing be given authority to implement any changes to the conditions subject to consultation with the Park Homes Policy Working Group and following due process to allow the licence holders an opportunity to comment.

Conclusion

61. The implementation of this legislation has been long awaited by residents on park home sites. Whilst there are some responsible site owners who manage their sites well there are also some where residents feel that they need more support.

62. This new Act provides new enforcement tools and tightens the legislation to enable local authorities to provide a more proactive service to their park home residents. Residents have a high expectation of what the Act will help local authorities to achieve but this must be appropriately resourced in order to deliver an improved service.

63. The recommended figure of £30 per pitch for the annual monitoring fee equates to approximately £0.58 per pitch per week and strikes a reasonable balance between the impacts on residents of the charges and resourcing the provision of a more proactive service.

Portfolio Holder’s Views

64. “Under the Mobile Homes Act 2014 there have been given, from April this year, new enforcement powers and local authorities will be able to charge fees and recover costs. Residents have a high expectation of what the Act will help authorities to achieve, but this must be appropriately resourced to deliver an improved service. There are approximately 100 sites within the borough of which there are 5 larger commercially run sites where residents rent the pitch but provide their own homes and it is these larger parks that seem to attract a high volume of complaints. This report covers the annual monitoring fee regime, the fee policy to be adopted, enforcement action reimbursement, and that licence conditions are clear and robust. The department only has a small team to cover the licensing function and the operations of this new act will require additional staffing so there will need to be additional funding. The department has carried out extensive consultation to enable this report to reflect the views of park residents and site owners and ward members, and I believe a balanced approach has been achieved.”

Contact: Sharon Williams

Email: [email protected]

MOBILE HOMES ACT 2013 OVERVIEW Appendix 1

1. Introduction The Mobile Homes Act 2013 brings the most significant changes in the legislation regarding Park Homes sites for 30 years. The following sets out what parts of the existing legislation remains in force and the changes that the new Act has introduced.

2. Legislation The Caravan Sites and Control of development Act 1960 came into effect on 29th July 1960 and provides a framework for licensing and licensing conditions. This Act remains in force for holiday parks and touring sites and traveller sites. Only sites with planning permission are entitled to a caravan site licence and licence conditions are complimentary to any planning conditions. There is no discretion over the issue of a licence, but some discretion in respect of framing of conditions and in relation to the transfer of the licence. Caravans Sites Act 1968 which sets out criminal offences in relation to harassment. Mobile Homes Act 1983 which covers security of tenure and regulation of contract terms Mobile Homes Act 2013 relates to ‘relevant sites’ (where there is an element of permanent residential use). This can involve sites where there is a mixture of permanent residential homes and also holiday homes or short term use homes.

3. Definition of a Caravan Defined in s29 Caravan sites and control of Development Act 1960 as follows and this definition remains unchanged by the Mobile Homes Act 2013. a. “Any structure designed or adapted for human habitation capable of being moved from one place to another (whether by being towed or by being transported on a motor vehicle or trailer) or any motor vehicle so designed or adapted but does not include rolling stock on a railway system or any tent” However the Caravan Sites Act 1968 (Definition of Caravan) (Amendment) (England) Order 2006 amended the maximum dimensions for a unit in England to: Length 20 m Width 6.8m Height 3.05m

4. Definition of a Caravan Site S1(4) Caravan and Control of Development Act 1960 defines as follows: “Land on which a caravan is stationed for the purpose of human habitation and land which is used in conjunction with land on which a caravan is so stationed.” So this covers the land where caravans are stationed for human habitation and also any associated land such as amenity areas (e.g. dog walking, sewerage, shops or facilities, etc.)

5. Meaning of Occupier The site licence holder should be the occupier of the land. The occupier is the person entitled to possession of the caravan site by virtue of “estate or interest” (i.e. they can own it, lease it, rent it.) Therefore this term in this instance does not relate to the resident who is renting the pitch but the person with the legal interest in the land upon which it is positioned.

6. Exemptions to Licensing Requirements Schedule 1 paragraph 1 of the 1960 act lists the circumstances where land can be used as a caravan site without a licence. This remains unchanged under the new 2013 Act. Some of these exemptions do note require planning permission either. The exemptions include: • Within the curtilage of a dwelling house where this is an ancillary use to the house • Natural England exempted organisation registrations (i.e. clubs and associations) • Agricultural and Forestry workers – e.g. for occupation by crop pickers hired to work • To accommodate those involved in certain building and engineering works • Person travelling for not more than two nights (restricted to no more than 28 days within 12 months) • Travelling showmen sites • Sites occupied by the local authority

7. Application Process An application must be made to the local authority where the land is situated but there is no prescribed form. Information requested includes: • Type of caravan site for which the licence is sought • Maximum number of caravans proposed • Layout plan showing boundaries , pitches, roads, footpaths, parking, • Information about drainage, sewerage, amenity blocks, recreation ground, etc. • Local Authorities are under a legal duty to issue the licence within 2 months where planning permission has been granted or if the planning permission is obtained after the licence is submitted, within 6 weeks of the applicant receiving planning consent. • No licence may be issued to a person who has had a licence revoked within the previous 3 years • Site licence cannot be issued for a temporary or limited period except where planning consent is temporary • The Licensing Authority (LA) has no discretion over the issue of a site licence – but there is some discretion in relation to framing conditions of the licence.

8. Licence Conditions In setting the licence conditions the local authority must have regard to the Model standards. The current model standards are as follows: • Model Standard Conditions Holiday Parks 1989 • Model Standard Conditions Residential Parks 2008

These create a ‘pool’ of conditions from which the local authority can identify the conditions to use. Currently there appears to be no plans to amend or upgrade these.

The Local Authority is empowered by s5 of the 1960 Act to issue a site licence “subject to such conditions as the local authority thinks necessary or desirable” in the interests of the persons dwelling on the land in caravans or the public at large.

Local Authorities can write there own licence conditions to embellish the standard conditions or to meet local issues.

There is a mandatory condition requiring that the site licence must be displayed on the land in a conspicuous place.

Although it seems that this provides the local authority with wide powers, case law limits this by a number of identified principles in law as follows: • Anything concerning the contractual arrangements between residents and the licence holder should not be referred to in the conditions ( Chertsey v Mixnam’s properties) • Conditions represent a restriction on a land owners rights and therefore and must be expressed clearly • The power to impose conditions is restricted by the subject matter of the statute • Conditions must not be unreasonable as parliament would not have intended this • A condition might be held to be void if it was seen as ambiguous or uncertain • Conditions imposed should not go beyond the limits of the planning permission ( R v Kent Justices ex parte Crittenden). The advice following this case was not to repeat planning conditions since these will be set out in the planning consent and action under planning law has more ‘teeth’.

9. Appeals and Changing Licence Conditions The 1960 Act (s7) states that an applicant can appeal to magistrates against any condition on the licence. The appeal must be lodged within 28 days.

Conditions should not be “unduly burdensome” and the Justices considering a case must have regard to the model standards. The condition under question is suspended until the appeal is determined. If the appeal is successful the justices can order the removal of a condition or require that a condition is re- written.

S8 of the Act gives the Local Authority the power to alter the conditions at any time but the local authority must allow the licensee the opportunity to make representations.

10. Changes under the Mobile Homes Act 2013 • This Act amends the existing legislation and must be read in conjunction with the acts mentioned in the introduction. The Act received Royal Assent on 26th March 2013. • Provisions on sale blocking, pitch fee reviews and changes to the 1968 Act came into force on 26th May 2013. • Provisions on regulations on site rules came into force on 4th February 2014 • Provisions for the new licensing regime came into effect on 1st April 2014

11. Main Changes • Reduces the potential for sale blocking by removing the site owner from the process • The criminal law on sale blocking and harassment has been strengthened in the 1968 Act. A new offence has been created of blocking sales by making false or misleading statements to try to prevent a sale going ahead. In addition the requirement in the Act for harassment to be persistent has been removed. Both offences attract an unlimited fine or imprisonment. We need to establish who the prosecuting authority will be for sale blocking as this may be trading standards. • Pitch Fee reviews must be more transparent so that residents know exactly what they are being asked to pay and what for • Site rules need to be fairer, agreed with residents and some rules have been banned altogether such as requiring the resident to use the site owners appointed contractors or suppliers • New Site rules will need to be deposited with the local authority. Although we will not be responsible for enforcing the site rules we must check the content, ensure that the site owner has consulted residents, and deposited the rules with us and that we make them public. • Local authorities licensing powers are strengthened on ‘relevant protected sites’. These are Park Homes sites with full residential use or mixed residential and holiday sites. None of the changes (with the exception of the increased criminal penalties and appeals) apply to holiday sites or where permanent occupation is restricted. 12. Licensing Changes for Relevant Protected Sites • Local authorities will be able to charge owners an annual fee for administering licensing and monitoring of licence conditions • Local authorities will have discretion in issuing new licences or transferring existing ones • Local authorities will be able to serve notices requiring works to be carried out to comply with the conditions attached to the licence and will be able to carry out works in default or in an emergency. • Local authorities will be able to recover their costs for enforcement action. • Site owners who do not comply will face unlimited fines if prosecuted for breach of compliance 13. Fees Policy • From 1st April local authorities have the power to charge fees in relation to the new licensing functions. This also includes charging for the monitoring and administration of existing site licences. If a fee is charged and the owner of the site does not pay the authority may apply to a tribunal requiring it to be paid and ultimately revoke the licence if it remains unpaid. • The authority must have a published fees policy and guidance has recently been provided in relation to setting fees. • The local authority cannot make a profit from these fees but can make surpluses and deficits which will inform the fee calculation for the following year. • It is suggested that we set up fees based on the size and type of site. For example a commercial site will require more monitoring than an owner occupied site, and similarly the size of the site and the number of homes may indicate that it will require more time input than another site. • It is suggested that there is a fee structure that covers the administration of the site licence, regular monitoring of the site depending on its size which forms the annual fee. Thereafter it is suggested that should we need to take enforcement action this is charged on the basis of a cost for service of a compliance notice, prosecution and finally for undertaking works in default on top of the cost of the works themselves. • Authorities will have a suit of powers to enable them to recover costs and expenses including placing a local land charge on the land and / or forcing the sale of the site if it is an extensive debt.

14. Compliance Notices • The Local authority may serve a compliance notice on the site owner requiring action to remedy a breach of the licence conditions but it is recommended that this action is only taken in relation to serious breaches where an informal approach has failed. • If the notice is not complied with then the authority can prosecute and the site owner faces an unlimited fine. • The local authority can also consider undertaking works in default of a notice or in an emergency but wherever possible it is recommended that we prosecute before considering works in default. If we do works in an emergency we will have to demonstrate that there is an imminent risk. • There is a new criminal offence for not complying with a compliance notice which attracts an unlimited fine. • Directors, secretaries and other relevant officers of a company which is found guilty of a breach will be liable to be punished as well as the company. • Site owners will be able to challenge the local authority about the service of the compliance notice and therefore these notices should only be used where there is clear evidence of a breach which cannot be remedied in any other way. • It is important to note that although these new powers have been introduced the DCLG have urged local authorities to work collaboratively with site owners and they are working on a good practice document which was due out in May 2014 in relation to enforcement. The trust of this document will be to take an informal approach initially and to encourage collaborative working before resorting to enforcement action.

15. Application for Transfer of Licences and grant of new licenses on Relevant Sites • From 1st April the Local Authority has discretion as to the approval of a transfer of licence or the granting of a new licence on relevant protected sites only. • The local authority will be able to seek binding undertakings in connection with the approval of a transfer of licence or the granting of a new licence. • This is intended to combat an abuse of the previous rules where licences are transferred rapidly between closely associated people or companies. 16. Appeals • From 1st April all appeals in relation to licensing issues will be heard by the first tier tribunal (Property Chamber) • Appeals can be referred in relation to: • The cost of a first tier tribunal application is approximately £250 but the local authority will face legal costs, potential costs of Counsel, and if the tribunal finds against the authority they may have to pay the other sides costs. Therefore the costs in defending a tribunal case can quickly stack up substantially.

Sharon Williams

28th May 2014

Appendix 2 Page 1

Relevant Protected Park Home Sites Number of Provisional Main Commercial Sites units Calculated annual licence fee (£) 1. Mobile Home Park 122 2. Woodlands Caravan Park 125 3. Yew Tree Park 43 4. 6 Bells Residential Mobile Home Park 39 5. Long beech Mobile Home Park 56 Total 385

NON COMMERCIAL RELEVANT PROTECTED SITES Appendix 2 Page 2

Caravan Site Licensee Name Band Licence Provisional Name & Address Type Annual Licence Fee (£) 1. 6 Boys Hall 6 Boys Hall Road, 1 Residential Road, , Willesborough, Ashford, Kent. TN24 Ashford, Kent. 0LA TN24 0LA

2. Belmont Farm Mr M T Stapeley, The 1 Residential Buildings Mobile, Belmont Farm Snoad Hill, Buildings, Snoad Hill, , Bethersden, TN26 Ashford, 3DY TN26 3DY 3. Brill The, Mr W Corroll, 63 1 Residential Nickley Wood, Burmarsh, Marsden , Street, Kentish Town, Ashford, London NW5 3JA TN26 1LZ 4. Brook Gates Mrs Bray & Mr F 1 5 Caravan Site, Collins, 1 Brook Gates Residential Forstal Road, Caravan Site, Forstal Egerton. Road, Egerton. TN27 9BY TN27 9BY 5. Bullpit, Bull David Latham, No3 1 Residential Lane, Bull Lane Cottages, Bethersden, Bethersden, Ashford, TN26 3HA Kent, TN26 3HA 6. Dales, The Mr A Esposito, Rose 1 Residential Nickley Wood, Lodge, Nickley Wood, shadoxhurst, shadoxhurst, Kent. Kent TN26 1LX TN26 1LX 7. Ellis Barn Mr T Scanlon, Ellis 1 Residential Kennels, Barn Kennels, Warehorne Lane, Lane, . TN26 Kenardington. 2LY TN26 2LY 8. Greenlands, Greenlands, Nickley 1 Residential Nickley Wood, Wood, Shadoxhurst. Shadoxhurst. TN26 1LZ TN26 1LZ 9. 6 Little Acres, Mr Robert James, 6 1 Residential Bliby Wood, Little Acres, Brisley . Lane, , Kent, TN25 7JF TN25 7JF. 10. Little Acre, Mr J Newland, Little 1 1 Woolpack Acre, Woolpack Residential Corner, Corner, . Biddenden. N27 8BU TN27 8BU 11. Lees Paddock, Mr D Penfold, Lees 1 Residential Pot Kiln Lane, Paddock, Pot Kiln Futher Quarter, Lane, Futher Quarter, High Halden, High Halden, Kent. Kent. TN26 TN26 3HJ 3HJ 12. Longfield Mr & Mrs Finnis, 1 Residential Farm, Bromley Longfield Farm, Green Road, Road, Ruckinge, Ruckinge, Kent, TN26 Kent, TN26 2EG 2EG 13. Oak Drive, Mr Beaney and Mr A 1 Residential Nickley wood, Esposito, Oak Drive, Shadoxhurst, Nickley wood, Ashford. TN26 Shadoxhurst, Ashford. 1LZ TN26 1LZ 14. Oaklands Farm Mr & Mrs G Friend, 1 Residential Holdings, Mobile Home, Biddenden, Oaklands Farm Kent. TN27 Holdings, Biddenden, 8ER Kent. TN27 8ER 15. Pathside, Mr Knell, Pathside, 1 Residential Canterbury Canterbury Road, Road, , Charing, Kent. TN27 Kent. TN27 0EY 0EY 16. Papillons, Mr Colin Jackman, Station Road, Rheewall Cottage, Appledore stationn Road, Appledore. TN26 2DE 17. Pillreed Mr James Delaney, 1 Residential Cottage, Pillreed Cottage, Plurenden Plurenden Road, High Road, High Halden, Kent, TN26 Halden, Kent, 3JN TN26 3JN (6) 18. Pillreed Lodge, Mr Kenzie Wilson, 1 Residential Pluenden Pillreed Lodge, Lane, High Pluenden Lane, High Halden. Kent Halden. Kent (5) 19. Pillreed Wood Mr& Mrs Wilson, 1 Residential (Plot 3), Pillreed Wood , Plurenden Plurenden Lane, High Lane, High Halden. TN26 3JN Halden. TN26 3JN (8)

20. Pinnock Mr F Collins, Pinnock 1 Residential Paddock Paddock Munday Bois, Munday Bois, , Kent. TN27 Pluckley, Kent. 0ST TN27 0ST 21. Magpie Farm, Mrs D Brown, Magpie 1 1 The Street, Farm, The Street, residential Appledore, Appledore, TN26 TN26 2AE 2AE 22. Meadows Mr G Smith, Meadow 1 1 View, Ashford View, Ashford Road, residential Road, High High Halden, Kent. and 1 Halden. TN26 3BY touring 23. Marley Farm Wildlife Heritage 1 Foundation, Road, , Ashford Kent. TN27 8PJ 24. Spill Land Mr D & A Waite, Spill 1 Holiday Farm House, Land Farm House, 65, 65 Beneden Beneden Road, touring Road, Biddenden, TN27 8BX and 1 Biddenden, residential TN27 8BX 25. Spinney Park, Mr M Saunders. 4 Gypsy or Faversham Spinney Park, travellers Road, charing Faversham Road, Charing. TN27 0NS 26. Three Messrs Beany, Blake & 1 3 number Horseshoes, Burke, Three park Nickley Wood, Horseshoes, Nickley homes Shadoxhurst Wood, Shadoxhurst 27. Mobile Home, Mrs McDonald, Mobile 1 Residential 125 The Water Home, The Water 2 park Meadow, Meadow, Bourne homes Bourne Road, Road, Aldington. TN25 Aldington. 7AR TN25 7AR 28. Hawthornes, Mrs Alderson, 1 1 125 Daniels Water Hawthornes, Daniels residential Water, , Ashford, Knt. TN26 1JL 29. Sylvilla, Mr G Collier, Sylilla, 1 2 125 canterbury Canterbury Road, Residential Road , Kent. CT4 8AG 30. Monkery Monkery Bottom, 1 125 Bottom, Faversham Road Faversham Charing Kent TN27 Road Charing 0NR 31. The Willows, Mr & Mrs Boud, 241 1 Pluckley Road Chertsey Road, New Bethersden, Addington, Croydon, TN26 3ET Surrey. CR0 0DJ 32. The Willows, Mrs Julia Coles, The 1 1 Poundhurst Willows, Poundhurst Residential Road, Road, Ruckinge, Ruckinge Kent. Ashford, Kent, TN26 2PQ 33. Kent Gliding Kent Gliding Club (The 1 1 Club Secretary) Squids residential Gate, , and 20 Ashford, Kent TN25 touring 4DR

Appendix 3 Fee Schedules Site Licensing - Application for Licence / Transfer of Licence / Amending a Site Licence

Application For New Site Licence- Process and time in minutes 200+ 100-199 51-99 11-50 1-10 pitches pitches pitches pitches pitches Initial enquiries and 45 45 45 45 45 correspondence to facilitate application (mins) Receipt of application and 75 75 75 75 75 background checks (mins) Prepare for and organise visit 30 30 30 30 30 (mins) Site inspection ( mins) 300* 240* 180* 90 30 Travel time (mins) 60* 60* 60* 30 30 Draft licence including 150 120 90 60 60 conditions(mins) Licence review and 420 360 300 180 160 correspondence with site owner, residents and other interested parties (mins) Manager review (mins) 45 30 20 15 15 Issue licence and register (mins) 30 30 30 30 30 Prepare for and organise revisit 45 30 20 15 10 (mins) Re-visit (total mins) 360* 240* 180* 210 180 Travel time (mins) 80* 80* 80* 40 40 Secondary review and 180 120 90 45 30 correspondence (mins) Total time (mins) 1,820 1460 1200 865 735 Total time (hours) 30.34 24.33 20 14.41 12.25 Hourly rate (£) 30 30 30 30 30 Average mileage @ £9.00 return 27.00 27.00 27.00 18.00 18.00 trip Total new application charge to £936.99 £756.99 £627.00 £450.49 £385.5 site owner (£) 0