Meeting documents

SBDC Licensing Committee
Wednesday, 29th January, 2014 6.00 pm

  • Meeting of Licensing Committee, Wednesday, 29th January, 2014 6.00 pm (Item 30.)

To consider report of the Director of Services.

Minutes:

The Mobiles Homes Act 2013 had received Royal Assent on 26 March 2013 with a majority of its provisions due to be implemented from 1 April 2014, and the Committee received a report explaining the Act and its implications for the Council and in particular for the Scheme of Delegation.

 

The Council currently has a statutory duty under the Caravan Sites and Control of Development Act 1960 as amended to licence caravan sites (including mobile home parks) which have planning permission.  There is no discretion regarding the issue of a licence where planning permission has been granted.

 

There are ten licensed permanent multiple residential caravan sites (i.e. with more than one caravan) and 14 licensed permanent single residential sites in the South Bucks District.  New applications are received infrequently – less than one application per year.

 

The aim of the Act is to provide powers to local authorities to ensure that they are properly funded for exercising their powers and have sufficient tools for enforcement action. The report provided details of these new powers which included powers to charge fees including an annual fee.

 

The Committee supported the proposal that no fees are charged in the first year 2014/15 for the reasons given in the report. The report set out a number of other proposals to amend Terms of Reference and the Scheme of Delegation and the adoption of the 2008 Model Standard Conditions for Caravan Sites in England including any future replacement thereof, a copy of which had been placed in the Members Room and available at the meeting) which the Committee also supported subject to the proposed new delegation relating to the adoption and publication of fees being amended to include the Resources Portfolio Holder.

 

The Committee accordingly

 

 

RECOMMENDED to COUNCIL

1.    That the new local authority powers in the Mobile Homes Act 2013 be noted.

 

2.    That the terms of reference of the Licensing Committee be amended to include the new functions introduced by the Mobile Homes Act 2013.

 

3.    That the terms of reference of the Licensing Sub-Committee be amended to include conducting hearings and making determinations in relation to the licensing of caravan sites and related enforcement matters in circumstances where the Head of Health & Housing is unable or unwilling to make a decision under the terms of the Scheme of Delegations to Officers.

 

4.    That a fee policy is considered and developed during 2014/2015, to take effect from 1 April 2015, but that no fees be charged for the year 2014/15.

 

5.    That a new delegation to the Head of Health & Housing in consultation with the Chair of Licensing Committee and the Portfolio Holder for Resources be agreed to prepare, adopt and publish a fees policy in accordance with the Mobiles Home Act 2013.

 

6.    That the 2008 Model Standard Conditions for Caravan Sites in England including any future replacement Model Standards specified and published by the Secretary of State be adopted as the Council’s pool of Caravan Site Licence Conditions.

 

7.    That the scheme of delegation be amended to give authority to the Head of Health & Housing to exercise the functions under the Caravan Sites and Control of Development Act 1960, as amended by subsequent legislation and the new functions introduced by the Mobile Homes Act 2013 with cases of doubt or difficulty being referred to the next available Licensing Sub-Committee for a decision.

 

Supporting documents: