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 Ashford Borough Council 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.