Protected sites for mobile home occupiers

A protected site is one that has a site licence and planning permission which:[1]

• is not granted for holiday use only, or

• does not prohibit the stationing of mobile homes/caravans for human habitation at certain times of the year

A mobile home owner who lives on a protected site has the protection of the Mobile Homes Act 1983. The Act implies certain terms into the agreement and requires the site owner to apply to court if they want to end the agreement.

Mobile home owners and renters on protected sites also have the protection of the Caravan Sites Act. This prohibits harassment and illegal eviction.

All local authority sites for Gypsies and Travellers are included in the definition of protected sites for the purposes of the Mobile Homes Act 1983.[2]

Site licenses

A site licence is usually required for land to be used as a caravan site. A site licence might be granted for:

• residential use

• holiday use

• a mix of both residential and holiday use

Where the licence restricts residential occupation to a part of the site, the mobile home must be stationed in that part to be on a protected site.[3]

Where the licence does not specify which parts of the site are to be used for residential occupation, any mobile home stationed on that site with an agreement for year-round residence is on a protected site. The site owner might be in breach of their licence if the number of year-round residence agreements granted exceeds the amount allowed under the terms of the site licence.[4]

A local authority can refuse to issue a site licence.[5]

When making its decision about whether to award a new licence, the local authority must have regard to any matters prescribed in regulations, including:[6]

• the site owner's ability to comply with the conditions of the site licence

• whether the site owner has the finance in place to manage the site

• if the owner, or any person nominated, is competent to manage the site

When making its decision about whether to consent to the transfer of an existing licence, the local authority must have regard to:

• whether any action has been taken, or are proposed, in relation to the licence conditions

• whether the site owner owes the local authority any money in connection with the licence

The local authority can charge an annual fee for the issue of a site licence. It can attach such conditions to the licence as it deems necessary or desirable.[7]

Offences

A site operator can be prosecuted for operating without a site licence or to failing to comply with a licence condition.[8]

As an alternative to prosecution a local authority can serve a compliance notice on the site operator if it appears that they are not complying with a licence condition. The site operator can appeal to the First-tier Tribunal (Property Chamber) against the issuing of a notice or the conditions set out in it. The site operator can be prosecuted if they fail to take the steps specified in the compliance notice within the period provided.[9]

Displaying the licence

The conditions of the site licence should be displayed on the site in a conspicuous place.[10] If they are not, a resident of the site can obtain them from the local authority. The site licence conditions are not enforceable directly by the resident and the local authority's assistance will be required.

A site licence is not required for:[11]

• a mobile home situated within the curtilage of a dwelling house where use of it is incidental to the enjoyment of that dwelling house

• travelling caravans stationed for up to two nights

• use of undeveloped land of not less than five acres (or less if stated in regulations) where the land has not been used by more than three caravans and for no more than 28 days in the last 12 months

• use of land as a caravan site by exempted organisations such as Boy Scouts and Girl Guides

• use of land as a caravan site on agricultural land used by seasonal workers in agriculture and forestry

• mobile homes stationed on building and engineering sites

• use of land as a caravan site for travelling showmen

• sites occupied by the licensing authority

These types of site are not protected sites.

Stationing a caravan on land for residential use usually requires planning permission.

An application for planning permission is made to the Local Planning Authority. A fee is payable.[12]

In one case, the Court of Appeal held that a Certificate of Lawful Use granted by the Local Planning Authority permitted use of the land for residential purposes. This superseded the original planning permission granted for holiday use only.[13]

Breach of planning control

Stationing a caravan on land without planning permission in itself is not a breach of planning control. There might be a breach if stationing of a caravan for residential use is a material change of use of the land.[14] For example, stationing of a caravan on non-residential or agricultural land is likely to be a material change of its use.

There are exemptions from the requirement to apply for planning permission. These include the stationing of a caravan within the curtilage of a dwelling house, or travelling with a single caravan and stationing it on land for no more than two nights, subject to an overall limit of 28 days per year in which caravans may be used on the land for human habitation.[15]

A site can only be used as a residential mobile home site if the local authority is satisfied that the relevant person is a fit and proper person.[16]

The relevant person is either the:[17]

• site owner

• person appointed to manage the site by the site owner or the local authority

This requirement applies to all protected sites, including:[18]

• residential parks

• mixed use parks, that operate both as holiday and residential sites

Non-commercial family-occupied sites are exempt. A non-commercial family-occupied site is a site which:[19]

• is occupied as the principal home by the site owner, their household, or other members of the site owner’s family

• does not operate on a commercial basis

Non-statutory guidance on the fit and proper person assessment provides more information about how local authorities determine whether a site is exempt.

Assessment

The local authority must assess whether the relevant person is a fit and proper person before granting the application to join the register.[20] The following matters are taken into account when assessing whether to place the relevant person on the register:[21]

• offences involving fraud or other dishonesty, violence, arson or drugs or listed in Schedule 3 to the Sexual Offences Act 2003 (offences attracting notification requirements)

• breaches of the law relating to housing, caravan sites, mobile homes, public health, planning or environmental health

• breaches of the landlord and tenant law

• breaches of the Equality Act 2010 and committing harassment in the course of operating a business

• personal insolvency or disqualification from acting as a company director within the last 10 years

• right to work in the UK

• membership of any redress scheme for dealing with complaints in connection with the management of the site

The local authority may also take into account the conduct of any person associated or formerly associated with the relevant person.[22]

If the application is accepted, the relevant person is placed on the register of fit and proper persons for up to five years.[23]

If the relevant person fails the assessment, the local authority may appoint someone it is satisfied is a fit and proper person to manage a protected site, provided that the site owner agrees.: [24]

The register

Local authorities must:[25]

• establish a register of fit and proper persons

• keep the register up to date

• make the register available on-line and at the local authority’s offices during standard opening hours

The register must include:[26]

• the name and business contact details

• the name and address of the protected site to which the application relates

• the status of the person

• the registration start and end dates

• any conditions attached to the registration together with dates when they apply and variations

If an application is refused, the register must state when it was rejected and in respect of which site. [27]

Offences

It is an offence for a site owner to:[28]

• permit the relevant protected site to be operated by someone who has not been approved by the local authority as a fit and proper person

• provide false or misleading information

• fail to provide the necessary information

• fail to comply with conditions imposed by the local authority

If convicted, there is no financial limit on the fine the authority can impose.

Where the site is operated by someone who has not been approved as a fit and proper person, the court or the First-tier Tribunal has the power to revoke the site licence.[29]