Mobile Homes Act 2013

Mobile Homes Act 2013

Fees Policy for Relevant Protected Sites

Introduction

Purpose of Policy

Scope

Application Fees for Site Licence or Variation of Site Licence Conditions

Transfer of Site Licence

Application for Inclusion on Register of Fit & Proper Persons

Fees for Depositing, Varying or Deleting Site Rules

Annual Fees

Enforcement Action

Works In Default

Introduction

1. The Mobile Homes Act 2013 Act 2013 (MHA2013) was introduced in order to provide greater protection to occupiers of residential caravans and mobile homes. The MHA2013 received Royal Assent on 26 March 2013.
2. MHA2013 introduced some important changes in relation to park home site licensing. MHA2013 amends the Caravan Sites and Control of Development Act 1960 (CSCDA60).
3. The changes include the ability for Local Authorities to charge site owners a range of fees. The fees that can be levied are fees payable for the grant of a site licence, alterations of conditions, transfer of site licence and annual fees.

Purpose of Policy

1. Section 10A (2) of the CSCDA60 (as amended) requires a Local Authority to prepare and publish a fees policy where it proposes to charge for functions associated with the regulation of relevant protected sites.
2. The purpose of this policy is to set out the fees payable in respect of relevant protected sites.

Scope

1. The fees that can be charged only apply to a “relevant protected site”. A relevant protected site is defined as any land to be used as a caravan site other than one where a licence is:-

• Granted for holiday use only
• In any other way subject to conditions which restrict the usage of the site for the stationing of caravans for human habitation at certain times of the year (such as planning conditions)

1. The Council, in setting the fees payable, has had regard to guidance issued by the Department for Communities and Local Government.

1. It has also had regard to the Local Government Association’s guidance on locally set fees which incorporates guidance in relation to compliance with the European Services Directive.

Application Fees for Site Licence or Variation of Site Licence Conditions

1. All sites (subject to certain exemptions) require a site licence to operate.
2. Section 3 (2A) of the CSCDA60 (as amended) allows the local authority to require a fee to accompany applications for licences.
3. The fixed fees payable for an application for a site licence are as follows:-

1. There is no fee payable where the Council deems it necessary to alter site conditions.

Transfer of Site Licence

1. The fee for an application to transfer a licence is £100.00

Application for Inclusion on Register of Fit & Proper Persons

1. Regulations under the MHA2013 are not yet in place. This section will be reviewed in the event that regulations are issued.

Fees for Depositing, Varying or Deleting Site Rules

1. The fee to deposit, amend or delete site rules is £90.00.

Annual Fees

1. The fixed fees payable for an application for a site licence are as follows:-

Other Charges

1. The fee for a replacement, duplicate or re-issue of a licence is £18. The fee is reduced to £9 if it is possible to send it via email.

Enforcement Action

1. Where there has been a breach in a site licence condition which comes to the attention of the Council a compliance notice may be served.
2. Section 9C of the CSCDA60 (as amended) details the elements which a local authority may include when imposing a charge for enforcement action.
3. These include the time involved in deciding to serve and prepare the notice. A detailed breakdown of the relevant expenses will be provided with the compliance notice.
4. Charges would be based on the hourly rate detailed below, in addition to any other costs incurred such as mileage based on the current rate, and legal fees.
5. The hourly rate for enforcement costs is £70 + VAT as appropriate which is inclusive of travelling time.

Works In Default

1. The Council may require certain works to be undertaken to remedy a situation by the service of a legal notice on the owner, occupier or other person considered responsible.
2. In certain circumstances, these works are undertaken by the Council, to remedy such a situation, for which reasonable charges are made.
3. The charges would include the actual cost of the works, by a third party if necessary, an appropriate sum for officer time, based on the hourly rate stated, and the cost of the administration.

Prepared by:

Angie McGinn

Licensing Team Manager

Public Health & Protection

9 March 2018

If you would like this information
in another format please contact:

Cornwall Council
County Hall
Treyew Road
Truro TR1 3AY

Telephone: 0300 1234 100

Email:

Document title Document subtitle1

DD Month Year or version no.