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Posted 6 December 2013
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Residential site licences: changing the licence holder

The Department for Communities and Local Government (DCLG) have recently published a discussion paper setting out their proposals for Regulations in relation to the issuing and transferring of a site licence.

Under the current site licensing regime a local authority must grant a site licence if the land is in the ownership of the applicant and it has planning permission to station caravans on it. The local authority can only refuse to grant a licence if they have knowledge that the park owner holds a site licence which has been revoked in the last three years.

From 1st April 2014 the Mobile Homes Act 2013 will introduce significant changes to the site licensing regime which will enable a local authority to refuse to grant a licence or approve the transfer of a licence. In making its decision a local authority will be required to have regard to certain matters prescribed in regulations before it grants a site licence or approves the transfer of a site licence.

The DCLG proposes that the prescribed matters should include:

  • Whether the applicant has an interest or estate in the park;
  • The competence of the applicant or management to run the park;
  • Any funding arrangements in place on the park such as arrangements for meeting the site licence conditions
  • Whether there are any proposed or current enforcement action against the park;
  • Whether there are proposed or current proceedings to revoke the site licence;
  • Whether there are any outstanding sums in connection with enforcement action, licence fees or local authority costs for protecting the health, safety and welfare of the residents.
  • The discussion paper also includes the DCLG’s proposals for an appeals procedure and compensation orders.

Your comments about the proposed changes are welcomed by the DCLG and should be made by email to parkhomes@communities.gsi.gov.uk by 6 January 2014.

If you have any questions relating to the DCLG’s proposals then contact the parks team by telephone 01392 207020 or email parks@tozers.co.uk

 

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