Living in a mobile home or caravan

Site licence conditions

1.1 The Council’s responsibility for the licensing of caravan sites includes the application and enforcement of appropriate conditions. The specific purposes for which conditions can be applied are set out in Section 5 of the Caravan Sites and Control of Development Act 1960. Site licence conditions may be determined with reference to national model standards.

The Council has a power to update site licence conditions in line with model standards as modified from time to time by the Government. The aim of such standards is to promote the safety and welfare of the residents.

The applicable model standards were issued in 1983 (touring sites) 1989 (holiday sites) and 2008 (residential sites).

1.2 The Mobile Homes Act 2013 (which came into force on the 1st April 2014) amended the Caravan Sites and Control of Development Act 1960. Part 1 of the Act includes a power for local authorities to charge fees for their licensing function in respect of relevant protected sites (typically known as residential parks, mobile home parks and gypsy and traveller sites). This power also applies to the residential parts of sites with mixed holiday and residential uses.

Exempt organisations and related matters

1.3 Sites managed by the following organisations are exempt from licensing:

• local authorities
• The Caravan Club
• The Camping Club of Great Britain and Ireland
• The Scout Association
• The Guide Association
• The Motor Caravanner’s Club
• sites for travelling showmen (between beginning of October and end of March)

1.4 Other organisations may apply for a certificate of exemption direct to the Secretary of State.

1.5 In line with good practice, sites with only one unit or those accommodating only one family will be exempt from annual inspections and the accompanying charges. If enforcement action becomes necessary, an enforcement charge will be payable in accordance with this document.

Fees

Fees for licences and for setting up and maintaining the public register of fit and proper persons.

1.6 This fee policy applies to all sites where a licence is required and sets out:

• the fees payable for applications for an entry on the public register. Sites that are exempted by the Regulations are those that are only occupied by members of the same family and are not being run as commercial residential sites
• any additional payments that may be required by way of annual fee as a condition of registration and their frequency
• the matters and appropriate costs taken into account in setting each type of fee
• the method of apportionment of those costs in setting those fees
• such other matters as the local authority considers to be relevant

1.7 The fees we charge are limited to recovering the costs of exercising our fit and proper test function and are considered to be fair and transparent.  The text below the schedule gives you information on what you are being charged for. The fees only cover the costs (or part of the costs) incurred by the council in carrying out its functions under the regulations.

The government has agreed that Councils can levy an 'annual fee' for caravan (including mobile home) sites. Many local councils already charge such fees and they are usually between £100 and £300 depending upon the number of caravans/plots at the site. Walsall Council is yet to introduce such a fee and before it considers any such introduction it will consult site licence holders on the same matter.

1.8 The overriding consideration is that our fees are reasonable, transparent and consistency in the fee structure and its application in other areas of work that we do.  The scale of standard fees for a site licences is set according to the size of the site and also takes into account the time and resources spent on:

• initial enquiries
• letter writing/ telephone calls etc. to make appointments and requesting any documents or other information from the site owner or from any third party in connection with the application process
• sending out forms
• updating files/ computer systems and websites
• processing the application fee
• land registry searches
• time for reviewing necessary documents and certificates
• preparing preliminary and final decision notices
• review by manager or lawyers (where necessary) of applications, representations made by applicants or responses from third parties
• updating the public register
• carrying out any site visits considered necessary
• reviews of decisions or in defending appeals
• making such inquiries as are necessary in connection with the application, such as those relating to the relevant person’s ability to secure the proper management of the site

All time taken in establishing the information required to make an informed decision may be included in the application fee, whether or not the entry on the register is granted

How to make a payment

1.9 The payment can be in the form of a bank transfer can be made using the below account details.  Please ensure that the reference code is reflected on the payment.

• Bank: Barclays
• Account number: 70181374
• Sort code: 20 90 73
• Reference code: 6314.3141110.91723

You may alternatively make a payment by cheque. Make it payable to ‘Walsall Council’ and post it to us.

We strongly advise that you send an email to PrivateSectorHousing@walsall.gov.uk as soon as possible following payment with your name, the relevant caravan site and the amount paid.  This will enable us proceed with your application in a timely manner.

Enforcement

2.1 The main focus of enforcement activity will be informal advice and education, including the provision of information in leaflets, on the website and directly by telephone or in person. Formal enforcement action will be taken under the relevant legislation only when informal action has failed to secure an acceptable improvement in standards or compliance with licence conditions.

2.2 As part of the legislative changes introduced by the Mobile Homes Act 2013, Local Authorities now have additional enforcement tools to address breaches of site licence conditions. The Council may serve a compliance notice, which must be accompanied by a detailed breakdown of the relevant expenses.

2.3 Enforcement charges will be based on an hourly rate reflecting the costs of enforcement, plus any additional costs incurred (e.g. legal costs). Site owners may not pass on Enforcement charges to residents in their pitch fees.

2.4 If any works required by the compliance notice are not carried out the licence holder commits an offence, and the Council may consider taking legal proceedings. The award of costs associated with this process will be at the discretion of the court.

2.5 In the event of a successful prosecution, the Council has powers to carry out works in default, and to recharge the licence holder accordingly.