Agenda item

The Council has a responsibility for licencing caravan sites, including holiday sites and those used for permanent residential purposes (relevant protected sites).

Changes to legislation over recent years has introduced wider powers for Local Authorities to ensure that the interest of homeowners, and the wider public, are safeguarded through the licensing regime under the Caravan Sites and Control of Development Act 1960.

Since the implementation of the Mobile Homes Act 2013, the Council has not introduced an overarching Caravan Site and Mobile Homes policy, however following the introduction of Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020 (SI 2020/1034) the Mobile Homes Fit and Proper Person Fee policy and Mobile Homes Fit and Proper Person Determination Policy were introduced.

Following review, a new Caravan Site and Mobile Homes policy is proposed that would incorporate the Mobile Homes Fit and Proper person policies into a single policy with an updated fee structure and introduce wider changes to the licensing and oversight of caravan sites within Mid Devon. These changes include the introduction of a range standard conditions for different types of sites and an inspection risk assessment tool as set out in the relevant annexes.

The Committee had before it a report * from the (Team Leader (Commercial), Public Health) for the introduction of a Caravan Site and Mobile Homes Licensing Policy.

The following was highlighted within the report:

·       A new Caravan Site and Mobile Homes Licensing Policy was being proposed with a three-month public consultation.

·       The Council had a responsibility for licensing caravan sites which included holiday sites as well as those that were for permanent residents.

·       The legislation defined residential sites as protected sites which meant it could be occupied by individuals as a primary residence for 12 months of the year.

·       The legislation was complex, and the Council did not have an overriding policy or framework to follow.

·       The new policy would bring existing policies into a single policy with an updated fee structure.  It would introduce wider changes to the licensing and oversight of caravan sites within MDDC to ensure compliance with licensing conditions.

·       The changes would also introduce a range of standard conditions for different types of sites and an inspection risk assessment tool which would reduce complaints and reactive work.

·       The policy would provide a more comprehensive and coherent approach to fully implementing the relevant powers and formalised the inspection regime for all caravan sites in MDDC.

·       It would introduce a broader fee structure to ensure effective cost recovery; the fee would only apply to relevant protected sites.

·       The new fee structure and proactive risk-based inspection approach would more accurately encompass the current Licensing Team’s resources, and it would ensure working with other teams across the Authority.

·       There was a total of 49 caravan sites across the district that were licenced with 37% of those sites being relevant protected sites.

·       A data project was underway with involvement from Licensing, Private Sector Housing and Planning to ensure that the piece of work was fully understood.

·       A three-month consultation beginning on 15 December 2025 was proposed to help shape the policy ensuring it would be fit for purpose and appropriate.

·       Face-to-face sessions would be held during the three-month consultation period with licence holders to take their direct views. Members of the Regulatory Committee would be welcome to help support the event.

·       There would be an introduction of cost recovery should enforcement action be required if a site did not comply with the legislation.

·       To ensure compliance site inspections would be carried out by a Licensing officer or an officer of the Commercial Team or Private Sector Housing officer, depending on the nature of the site.  In order to be consistent with assessing sites a risk assessment tool was proposed which would define premises and would be assessed against three criteria which would include:-

(a)  The number of residential pitches

(b)  A history of compliance for the site

(c)   Confidence in management of the site operator.

·       The final policy would consolidate the existing policies into one single document which included the Mobile Homes Fit and Proper Person Setting Fee Policy and the Mobile Homes Fit and Property Person Determination Policy.

·       At the time that the new policy came into effect, the proposal would be that the existing policies would come to an end.

·       The results of the consultation and proposed changes would be brought back to the Regulatory Committee in 2026.

Discussion took place regarding:-

·       The importance for Members of the Committee to attend face-to-face sessions with licence holders.  It was confirmed that an email would be sent to all Members of the Regulatory Committee once a date had been confirmed.

The Committee RESOLVED that the Regulatory Committee approve the draft Caravan Site and Mobile Homes Policy and associated Annexes (attached in Annexes A-H) for a three-month public consultation.

(Proposed by the Chair)

Note: * Report previously circulated.