The Caravan Sites and Control of Development Act 1960 is the principle legislation governing the licensing and control of caravan sites.
The ability to charge fees for implementing these provisions was introduced by Mobile Homes Act 2013 and local authorities now have the discretion to charge a fee fixed by the authority for the issue, variation and transfer of caravan site licences and for holding a register of site rules. In addition local authorities may charge an annual fee for the administration and monitoring of site licences.
It has been agreed to make charges for the licensing of relevant protected sites within Woking borough in accordance with the powers granted under the Act.
A relevant protected site is defined in the act as any land to be used as a caravan site other than one where the application for a licence is:
- or holiday use only, or
- subject to restrictions or conditions which limit the times of the year when the site may be used for stationing caravans for human habitation, for example, planning conditions
A relevant protected site includes gypsy sites but does not include local authority owned sites.
Exemptions
Sites which consist of up to 10 pitches or units and are only occupied by members of a single family group will be exempt from the paying an annual fee.
Sites run on a commercial basis regardless of size will not be exempt from paying an annual fee.
Calculation of licence fees
In setting its fees policy and the fees to be charged we haves had regard to the Guide for Local Authorities On Setting Site Licensing Fees issued by the Department for Communities and Local Government (2014), and Mobile Homes: a guide for local authorities on setting fees for fit and proper person test issued by the Department for Levelling Up, Housing and Communities (2021).
In determining those fees, we have taken into account all administrative costs incurred in the licensing process, officer visits to sites, travel costs, consultations, meetings, monitoring of sites/investigation of complaints and the giving of informal advice.
Review of the licence fees
As this is a new provision, the policy for fee calculation will be reviewed within two years from implementation to assess any changes that need to be made. A review of the fee levels will be carried out annually and take into account any surpluses or deficits incurred on the predicted level of expenditure in the previous year in providing the licensing function.
In setting annual fees each year, we will inform the site owner of the extent to which they have had regard to any surpluses/deficits from the previous year and we will confirm to the site owner the annual fee for the forthcoming year.
Any fees charged must fairly cover the costs (or part of the costs) incurred by the local authority in performing its functions under Part 1 of the act but must not result in a profit. Costs of enforcement action or any functions relating to prohibiting caravans on commons or provision of sites by the local authority itself are excluded as these can be received under separate provisions.
Payment of fees
A fee must accompany an application for a new site licence, for amending a site licence or for transferring a site licence. The application will not be processed until the fee is received.
Application fees are not refundable if the application is not approved.
Annual fees are due on 1 April each year. The request for payment will be accompanied by information detailing what matters we take into account when fixing the annual fee and the extent to which it had regard to deficits and surpluses from the previous year.
Where a fee becomes overdue for payment, we may apply to a residential property tribunal for an order requiring the licence holder to pay us the amount due by the date specified in the order. If the licence holder has still not paid the fee within three months from the date specified in the order, we may apply to the tribunal for an order revoking the site licence.
Other charges
Enforcement expenses
We will recover expenses incurred in carrying out enforcement action involved in the service of a compliance notice. These expenses include costs incurred in deciding whether to serve a notice, site inspections, preparing the notice and obtaining expert advice.
Where appropriate, we will also seek to recover expenses incurred:
- in taking action following conviction of the site owner for failure to carry out actions required by a compliance notice, or
- in taking emergency action where there is an imminent risk of serious harm to any person on the site as a result of the site owner’s failure to comply with licence conditions
Interest may be charged on any sums to be recovered as a result of enforcement action.
We will also be able to register any of the debts to be recovered for enforcement actions as a local land charge against the site.
Deposit of site rules
A fee of £30 is payable to us for the deposit of site rules.
Publication of the fees policy
The policy is also available to view during normal office hours at the Civic Offices, Gloucester Square, Woking, Surrey GU21 6YL.