PP 2014/0132 REPORT OF THE SELECT COMMITTEE ON TOWED CARAVANS 2014-15 REPORT OF THE SELECT COMMITTEE ON TOWED CARAVANS On 17th June 2014 it was resolved – That a Committee of three Members be appointed with powers to take written and oral evidence pursuant to sections 3 and 4 of the Tynwald Proceedings Act 1876, as amended, to consider and to report to Tynwald about the likely advantages and disadvantages of encouraging towed caravan use on the Island, with special reference to the possibilities for the encouragement of tourism, the utility or otherwise of creating a non-residential caravan park and the need for regulating the entry on to the island and usage of caravans. The powers, privileges and immunities relating to the work of a committee of Tynwald are those conferred by sections 3 and 4 of the Tynwald Proceedings Act 1876, sections 1 to 4 of the Privileges of Tynwald (Publications) Act 1973 and sections 2 to 4 of the Tynwald Proceedings Act 1984. Committee Membership Mr A F Downie MLC (Chair) Mr C G Corkish MLC Mr D J Quirk MHK (Onchan) Copies of this Report may be obtained from the Tynwald Library, Legislative Buildings, Finch Road, Douglas IM1 3PW (Tel 01624 685520, Fax 01624 685522) or may be consulted at www.tynwald.org.im All correspondence with regard to this Report should be addressed to the Clerk of Tynwald, Legislative Buildings, Finch Road, Douglas IM1 3PW. Table of Contents I. THE COMMITTEE AND THE INVESTIGATION ................................................... 1 II. INCREASING NUMBERS OF TOWED CARAVANS IN THE ISLE OF MAN .............. 2 III. REGULATING THE ENTRY OF CARAVANS TO THE ISLE OF MAN: THE “GENTLEMEN’S AGREEMENT” ............................................................................... 3 IV. POTENTIAL ABUSE OF TOWED CARAVANS WITHIN THE ISLE OF MAN............. 4 ABUSE WHICH IS ALREADY CONTRARY TO LAW 4 ABUSE WHICH IS NOT CURRENTLY CONTRARY TO LAW 5 FEATURES OF A NEW REGULATORY REGIME 6 ISLAND-WIDE CONSISTENCY IN THE LICENSING OF CAMPING SITES 7 V. URGENCY AND TRANSITIONAL ARRANGEMENTS: THE “FLOODGATES” ARGUMENT .......................................................................................................... 8 VI. TOWED CARAVANS AS AN ECONOMIC OPPORTUNITY.................................... 9 VII. THE WAY FORWARD IN SUMMARY...............................................................11 VIII. CONSOLIDATED LIST OF CONCLUSIONS AND RECOMMENDATIONS ...............12 ANNEX 1: PHOTOGRAPHS ....................................................................................15 ANNEX 2: PAPER BY THE TYNWALD CHAMBER AND INFORMATION SERVICE ABOUT OTHER JURISDICTIONS .........................................................................................21 ANNEX 3: PAPER DATED 1ST AUGUST 2014 BY COMMITTEE CLERK ........................25 ORAL EVIDENCE ...................................................................................................29 MONDAY 13TH OCTOBER 2014 EVIDENCE OF MR DAVID CRETNEY MHK AND MS ANGELA BYRNE, DEPARTMENT OF ECONOMIC DEVELOPMENT, AND MS JANE DELLAR AND MS SARA RICHARDS, CHAMBER OF COMMERCE 31 WRITTEN EVIDENCE .............................................................................................55 APPENDIX 1 SUBMISSION DATED 11TH JULY 2014 FROM THE DEPARTMENT OF INFRASTRUCTURE 57 APPENDIX 1A E-MAIL DATED 24TH OCTOBER 2014 FROM THE CHIEF EXECUTIVE, DEPARTMENT OF INFRASTRUCTURE 65 APPENDIX 2 LETTER DATED 8TH OCTOBER 2014 FROM THE DEPARTMENT OF INFRASTRUCTURE 69 APPENDIX 3 SUBMISSION DATED 11TH JULY 2014 FROM THE DEPARTMENT OF ENVIRONMENT, FOOD AND AGRICULTURE 75 APPENDIX 4 SUBMISSION DATED 7TH OCTOBER 2014 FROM THE DEPARTMENT OF ENVIRONMENT, FOOD AND AGRICULTURE 79 APPENDIX 5 SUBMISSION DATED 14TH JULY 2014 FROM THE DEPARTMENT OF ECONOMIC DEVELOPMENT 85 APPENDIX 6 MARKET RESEARCH PAPER SUBMITTED ON 13TH AUGUST 2014 BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT 89 APPENDIX 7 E-MAIL DATED 8TH AUGUST 2014 FROM MR MIKE KELLY, ISLE OF MAN POST OFFICE 103 APPENDIX 8 E-MAIL DATED 8TH AUGUST 2014 FROM MR JIM ROWLES, DIRECTOR OF PLANNING, STATES OF GUERNSEY 107 APPENDIX 9 E-MAIL DATED 17TH SEPTEMBER 2014, AND ATTACHMENT, FROM THE CHIEF CONSTABLE 111 APPENDIX 10 PRESENTATION SUBMITTED ON 1ST JULY 2014 BY THE ISLE OF MAN STEAM PACKET COMPANY 117 APPENDIX 11 E-MAIL DATED 10TH JULY 2014 FROM MR MARTIN STRINGER, CARAVAN CLUB OF GREAT BRITAIN 145 APPENDIX 12A SUBMISSIONS FROM MEMBERS OF THE PUBLIC IN FAVOUR OF CARAVANS 149 APPENDIX 12B SUBMISSIONS FROM MEMBERS OF THE PUBLIC AGAINST CARAVANS 165 To: The Hon Clare M Christian, President of Tynwald, and the Hon Council and Keys in Tynwald assembled REPORT OF THE SELECT COMMITTEE ON TOWED CARAVANS I. THE COMMITTEE AND THE INVESTIGATION 1. This Committee was established by the following resolution of Tynwald on 17th June 2014: That a Committee of three Members be appointed with powers to take written and oral evidence pursuant to sections 3 and 4 of the Tynwald Proceedings Act 1876, as amended, to consider and to report to Tynwald about the likely advantages and disadvantages of encouraging towed caravan use on the Island, with special reference to the possibilities for the encouragement of tourism, the utility or otherwise of creating a non-residential caravan park and the need for regulating the entry on to the island and usage of caravans. 2. At the beginning of our investigation we were briefed in private by representatives of the Department of Infrastructure, the Department of Environment, Food and Agriculture, the Department of Economic Development and the Isle of Man Steam Packet Company. The private briefings aided our understanding of the written evidence, which we have published in full. 3. We have also received and published written evidence from the Isle of Man Post Office, the Isle of Man Constabulary and around 100 members of the public who responded to a public call for evidence. 4. We heard oral evidence in public from representatives of the Department of Economic Development and the Isle of Man Chamber of Commerce. The oral evidence is reproduced within this Report. 1 II. INCREASING NUMBERS OF TOWED CARAVANS IN THE ISLE OF MAN 5. A number of sites already exist in the Isle of Man where visitors may stay in a towed caravan. The Department of Infrastructure also told us that: there are: 11 permanent sites (lawful for all year round – although they may not operate as such); 11 more that operate only during the TT and GP; and a further 3 that are seasonal. These sites provide for 119 caravan / motorhome pitches, with a further 66 during TT.1 6. However, not all towed caravans are in lawful camping sites. There appears to be an increase in the prevalence of towed caravans in other places around the Island. We have included at Annex 1 a series of photographs taken by Members of the Committee and the public illustrating this. 7. Our observation as to a general increase in numbers are supported by the evidence of the Department of Infrastructure, which shows a dramatic increase in requests for “caravan letters” since 2011, as set out below.2 Virtually every request for a caravan letter is granted.3 Requests for caravan letters (source: Dept of Infrastructure) 250 200 150 100 50 0 2007 2008 2009 2010 2011 2012 2013 Requests for caravan letters 73 55 51 55 92 101 238 1 Appendix 1 2 Figures taken from Appendix 1 3 Appendix 1A 2 We conclude that the number of towed caravans in the Island is increasing. Towed caravans may not amount to a serious problem today. However, as the numbers increase, so do the risks. III. REGULATING THE ENTRY OF CARAVANS TO THE ISLE OF MAN: THE “GENTLEMEN’S AGREEMENT” 8. There is a widely held belief that caravans are not allowed in the Isle of Man. The prevalence of this belief is clear from the responses to our consultation, the vast majority of which urged us not to remove the controls.4 9. The Department of Economic Development’s website states: Bringing a caravan to the Isle of Man is controlled by way of an agreement between the Department of Infrastructure and the Isle of Man Steam Packet Company. So, if you’re thinking of bringing your caravan to the Isle of Man, you’ll need to submit a written request to the address below at least two weeks before your visit. This should include details of your proposed date of arrival and departure, the purpose of your visit, and where your caravan is to be sited while on the Island.5 10. The Isle of Man Steam Packet’s website states, similarly: Please note that written permission is required from the Isle of Man Government for the Steam Packet to allow Caravans on the island. Bookings may be made but Caravans will only be carried on production of this document.6 11. The Department of Infrastructure told us that the agreement referred to has no basis in legislation,7 although it: has been effective in limiting the number of caravans and has made a significant contribution to the popular perception that caravans are illegal on the Island.8 12. In its written evidence to this Committee the Isle of Man Steam Packet Company (SPC) stated: 4 Appendix 12B 5 http://www.visitisleofman.com/accommodation/caravans.xml (20th October 2014) 6 http://www.steam-packet.com/Vehicles (20th October 2014) 7 Appendix 1 8 Appendix 2 3 SPC has no basis on which to refuse to transport a caravan so is acting as an ‘unofficial gatekeeper’ SPC do not monitor consent received or removal.9 13. In summary: the Department of Economic Development and the Steam Packet Company advise people to obtain permission before bringing their caravans to the Isle of Man; the Department of Infrastructure grants or refuses such permission in accordance with planning law; but there is no evidence that anyone who attempted to bring a caravan to the Island without permission would face any adverse consequence. We conclude that there is a widely held view that towed caravans are not allowed in the Isle of Man but this is a myth. The “Gentlemen’s Agreement” between the Isle of Man Government and the Isle of Man Steam Packet Company is an anachronism. Under the Agreement, people wishing to bring a towed caravan to the Island are advised that they must seek permission in the form of a “caravan letter”.