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Reports Must Be Typed In *PART 1 – PUBLIC DOCUMENT AGENDA ITEM No. 18 TITLE OF REPORT: ADOPTION OF NEW MODEL STANDARDS FOR PARK HOME SITES REPORT OF THE HEAD OF HOUSING AND PUBLIC PROTECTION PORTFOLIO HOLDER: COUNCILLOR BERNARD LOVEWELL 1. SUMMARY 1.1 This report seeks Cabinet’s approval to introduce revised model standards for the licensing of park home sites in North Hertfordshire. 2. RECOMMENDATIONS 2.1 That Cabinet agrees the adoption of a revised model standard as regards park home licensing as detailed in Appendix 1. 2.2 That Cabinet agrees the implementation of the new model standards as per the proposals outlined in paragraphs 8.3 and 8.5. 2.3 That Cabinet authorises the Head of Housing and Public Protection, in consultation with Portfolio Holder for Housing and Environmental Health, to make minor amendments to the Council’s model standards from time to time. 3. REASONS FOR RECOMMENDATIONS 3.1 The introduction of a revised model standard for park home sites provides an opportunity to update the Council’s existing standard licence conditions and to clarify the current responsibilities of park home site owners whilst also reducing the risk of harm to residents. 4. ALTERNATIVE OPTIONS CONSIDERED 4.1 The Cabinet could decide against approving the new model standards, however the standard licence conditions would remain unaltered. 5. CONSULTATION WITH EXTERNAL ORGANISATIONS AND WARD MEMBERS 5.1 Cllr Bernard Lovewell, the Portfolio Holder for Housing and Environmental Health, has been consulted and is supportive of the proposals contained in this report. 5.2 Consultation was undertaken between July and August 2012 with site owners, the Fire Authority, Site Managers and occupants of park homes sites in the District. Councillors with park home sites situated in their ward were notified via email of the consultation and asked for comments on the proposals. 5.3 In total, 390 consultation letters were sent out (to all site licence holders, managers, and all 378 residents). There were 41 responses, a 11% response rate. Further information concerning feedback has been added in the table contained in paragraph 8.2. CABINET (10.12.13) 6. FORWARD PLAN 6.1 This report contains a recommendation on a key decision that was first notified to the public in the Forward Plan on the 17th June 2013. 7. BACKGROUND 7.1 The relevant legislation uses the term ‘caravan’ to describe the accommodation units, however they are commonly referred to as ‘park homes’ by their occupants. Park homes are prefabricated, single story units which are static and are used purely for residential use. They are generally occupied by older people who also own their accommodation, but not the land on which it is situated. They have security of tenure and pay a fee to the site owner, usually on a monthly basis. 7.2 There are currently eight park home sites in North Hertfordshire, with the smallest accommodating 14 units and the largest 97. In total, there are approximately 378 households living in park homes, as illustrated below : Park Home site Number of licensed park homes Hillside Park Caravan Site, Limekiln Lane, Baldock 97 Hillcrest Park Caravan site, Wilbury Hills Road, Letchworth 68 Fosmans Close (inc Berkeley Close) Caravan Site, Lucas 48 Lane, Hitchin Oughton Close Caravan Site, Oughton Head Lane, Hitchin 24 Sunnymead Orchard Caravan Site, Station Road, Ashwell 36 Woodlands Park Homes, Danesbury Park Road, Welwyn 45 Jacks Hill Caravan Site, Graveley 46 Golden Willows Caravan Site, Lower Green, Ickleford 14 These sites were all licensed between 1961 and 1989; site owners have been issued a licence by the Council for an indefinite period. Each site is inspected annually to ensure compliance with the site licence, and more importantly, the conditions attached to it. The licence includes how many mobile homes are allowed on site, fire precautions, health and safety precautions, landscaping requirements and maintenance of the common areas. 7.3 In March this year the Government passed the Mobile Homes Act 2013 which is designed to give greater protection to occupiers of park homes. Many of the provisions come into force between May 2013 and April 2014 and these include changes to the sale or gifting of park homes and to the charging of pitch fees. Officers of the Housing and Public Protection Team wrote to all affected residents advising of the changes. Additionally, the Act introduces the ability for the local authority to charge the site owner for a licence application and/or annual licence fee on a cost recovery basis. A report is scheduled to be presented to the Licensing and Appeals Committee on 12th December 2013 setting out the options regarding cost recovery for a range of licensing functions including those that relate to park home sites. 7.4 The Model Standards 2008 for Caravan Sites in England have been made under powers conferred on the Secretary of State and a local authority must have regard to the standards when it imposes conditions in a site licence. Each local authority is required to consider the latest Model Standards, however they must risk assess their sites and decide whether or not to introduce changes to their licence conditions as a result. For example, Dacorum Borough Council has decided against introducing changes to its park CABINET (10.12.13) homes licensing conditions – it is content to rely on the previous Model Standards that were issued in 1989. 8. ISSUES 8.1 According to the “Model Standards 2008 for Caravan Sites in England”, where existing conditions are adequate they should not be changed. If a local authority wants to consider variations to existing site licences it must demonstrate that it is appropriate to apply the new conditions. 8.2 The park homes sites and units are generally in good condition in the District. Park home sites are inspected annually to establish whether the obligations of the site owner are being discharged in practice, especially when considering the management of fire and health and safety risks to residents. Twenty three of the current licence conditions are proposed to remain untouched as they are considered appropriate and adequate in serving their purpose, however this report proposes amendments to the following nine conditions (details on each current, and proposed, condition are contained in Appendix 1): Condition Subject Reason for proposed amendment 4 Site boundaries Considered to be a minor change, respondents generally happy with proposal. Clarifies requirements of site owner 5 Layout of park This covers a number of areas many of which are homes considered minor. However some areas concern fire safety measures which have prompted its inclusion in the proposals. Many current residents would contravene the new conditions concerning porches, fencing and decking. Some respondents have raised concerns on the reduction of the allowable height of fences. 7 Roads and Majority of respondents felt that this area required paths repairs and/or better maintenance. Cable overhangs are significant health and safety issue and this clarifies expectations of site owners. 8 Fire safety Ensures modern standards in relation to fire safety are met as they reflect changes in legal requirements. Residents from one particular park home site responded positively to this proposal 9 Supply and Ensure modern health and safety standards are met storage of as existing conditions are very specific and could heating oil quickly become redundant. Residents from one particular park homes site responded positively to this proposal 10 Supply and Ensure modern health and safety standards are met storage of gas as existing conditions are very specific and could quickly become redundant. Residents from one particular park homes site responded positively to this proposal 11 Electrical Ensure modern health and safety standards are met installations as existing conditions are very specific and could quickly become redundant. Residents from one particular park homes site responded positively to this proposal CABINET (10.12.13) 21 Vehicle parking Some site have very limited parking and this proposal will help to alleviate parking problems, nearly all respondents agreed 23 General layout, Provides clarity for residents and clear expectations for maintenance site owners. Across all consultation responses and amenity of residents felt maintenance was lacking on all sites. site 8.3 Should Cabinet agree the proposed changes to the site licence conditions, it is recommended the new standards be introduced from 1st April 2014 for any new sites that are granted a park homes licence. However it is recommended that implementation is phased for existing sites between April 2014 and March 2015. All eight existing park homes sites will be inspected at some point during this period, before being issued with a new site licence, incorporating the new conditions. 8.4 As these new conditions would be introduced for existing residents. The following numbers are likely to contravene the new condition 5. PARK HOME SITE PORCHES HEDGES /FENCES DECKING/AWNING Hillside Park 61 3 8 Hillcrest Park 5 7 1 Fosmans Close 9 1 (inc Berkeley Close) 6 4 1 Oughton Close 2 2 Sunnymead Orchard 6 6 2 fence with trellis above throughout Woodlands Park 7 site 1 Jacks Hill 24 10 Golden Willows 8 10 8.5 As these new conditions are being imposed on current site residents, in order to reduce possible alarm and/or distress, it is recommended to Cabinet that existing residents, who do not meet the condition 5 of the new licence, be protected against these changes until the item is removed. For example, if a resident currently has a porch that doesn’t comply with the new condition, they will be excluded from the requirements in a schedule that is appended to the site licence. When the porch is either removed or is altered so it does comply with the requirements of condition 5, the address will be removed from the schedule of exceptions (exceptions to licence conditions have previously been agreed in some situations in order to take in to account the unique nature of each park homes site).
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