Mobile Homes Act 2013
| Jurisdiction | UK Non-devolved |
| Citation | 2013 c. 14 |
| Year | 2013 |
(1) The Caravan Sites and Control of Development Act 1960 is amended in accordance with subsections (2) to (7) .after subsection (2) insert—“ the local authority may (where they are in England and are considering whether to grant a relevant protected site application) or shall (in any other case) ” .(2) After subsection (5) of that section insert—
- “(2A) A local authority in England may require a relevant protected site application in respect of land in their area to be accompanied by a fee fixed by the authority.
- (7) In this Part, “relevant protected site application” means, subject to subsection (8) , an application for a site licence authorising the use of land as a caravan site other than an application for a licence—
- (a) to be expressed to be granted for holiday use only, or
- (b) to be otherwise so expressed or subject to such conditions that there will be times of the year when no caravan may be stationed on the land for human habitation; whether or not because the relevant planning permission under Part 3 of the Town and Country Planning Act 1990 is so expressed or subject to such conditions.
- “(1) A local authority in England who have issued a site licence in respect of a relevant protected site in their area may require the licence holder to pay an annual fee fixed by the local authority.
- (2) When requiring a licence holder to pay an annual fee under this section, a local authority must inform the licence holder of the matters to which they have had regard in fixing the fee for the year in question (in particular, the extent to which they have had regard to deficits or surpluses in the accounts for the annual fee for previous years) .
- (3) Where an annual fee due to a local authority under this section has become overdue, the local authority may apply to a residential property tribunal for an order requiring the licence holder to pay the local authority the amount due by the date specified in the order; and the order may make provision about the manner in which the payment is to be made.
- (4) Where a licence holder fails to comply with an order under subsection (3) within the period of three months beginning with the date specified in the order for the purposes of that subsection, the local authority may apply to a residential property tribunal for an order revoking the site licence.
- (5) In this Part, “relevant protected site” means land in respect of which a site licence is required under this Part, other than land in respect of which the relevant planning permission under Part 3 of the Town and Country Planning Act 1990 or the site licence is, subject to subsection (6) —
- (a) expressed to be granted for holiday use only, or
- (b) otherwise so expressed or subject to such conditions that there are times of the year when no caravan may be stationed on the land for human habitation.
- “(1B) A local authority in England may require an application by the holder of a site licence in respect of a relevant protected site in their area for the alteration of the conditions attached to the site licence to be accompanied by a fee fixed by the local authority.
- “(1A) A local authority in England may require an application for consent to the transfer of a site licence in respect of a relevant protected site in their area to be accompanied by a fee fixed by the local authority.
- “(1) This section applies where a local authority in England propose to charge a fee under section 3, 5A, 8 or 10.
- (2) Before charging the fee, the local authority must prepare and publish a fees policy.
- (3) When fixing a fee for the purposes of section 3, 5A, 8 or 10, the local authority—
- (a) must act in accordance with their fees policy;
- (b) may fix different fees for different cases or descriptions of case;
- (c) may determine that no fee is required to be paid in certain cases or descriptions of case.
- “relevant protected site” has the meaning assigned to it by section 5A(5) ;“relevant protected site application” has the meaning assigned to it by section 3(7) ;
- (3) In the case of a protected site in England, when determining the amount of the new pitch fee, no regard may be had to any fee required to be paid by the owner by virtue of—
- (a) section 8(1B) of the Caravan Sites and Control of Development Act 1960 (fee for application for site licence conditions to be altered) ;
- (b) section 10(1A) of that Act (fee for application for consent to transfer site licence) .
- “(5A) The Secretary of State may by regulations require a local authority in England to have regard to the prescribed matters when deciding whether to issue a site licence under subsection (4) or (5) on a relevant protected site application in respect of land in their area.
- (5B) The regulations may require a local authority in England, where they decide not to issue such a site licence under subsection (4) or (5) , to notify the applicant of the reasons for the decision and of such right of appeal as may be conferred by virtue of subsection (5C) .
- (5C) The regulations may—
- (a) confer on an applicant under this section a right of appeal to a residential property tribunal against a decision of a local authority in England not to issue a site licence as mentioned in subsection (5B) ;
- (b) provide that no compensation may be claimed for loss...
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