Agenda item

The Head of Environmental Health joined the meeting via MS Teams for this item.

The Committee received a report on the Implementation of Policy and Fees regarding Fit and Proper Persons for Mobile Home Parks.

The Head of Environmental Health suggested an amendment to the resolution in the report to provide further clarity as follows:-

1.         The content of the draft new Buckinghamshire Council Fit and Proper Person Determination Policy as required by The Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person)(England) Regulations 2020 (“the Regulations”)  introduced under the Caravan Sites and Control of Development Act 1960 be agreed; and

2.         The content of the draft new Buckinghamshire Council Fit and Proper Person Fee Policy as required by the Regulations be agreed. 

The Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020 legislation required owners to register a person to manage qualifying mobile home parks with the local authority. This legislation applies to all relevant protected sites other than those which were non-commercial family occupied sites. It applies to residential parks and those which are mixed use such as residential and holiday lets. The legislation does not apply to sites which were used by members of the same family and were not being run as a commercial operation. It is anticipated this legislation would impact on 35-40 sites. An entry on the register would last five years. This paper outlined the policy and associated fees to enable compliance with the legislation. It was recommended that these fees be reviewed after 12 months.

•   In summary the fee of £112 was based upon 2.5 hrs work of a Grade 8 officer.  The rate included appropriate on costs of 40%.  This figure was provided by Finance and was in line with guidance with other parts of the authority on setting rates for work based upon an hourly rate.
• As agreed this policy would be reviewed after a year as the Committee would have an evidence base.  In addition, the policies and arrangements for caravan site licensing varied within the legacy district councils and these polices would be reviewed and harmonised and brought to a future Licensing Committee for adoption.

During discussion the following points were raised:

• It was confirmed that this policy related to the management of residential and commercial mobile home sites only not travellers’ sites which had may have planning conditions regarding occupancy.
• It was confirmed this must be cost neutral fee.
• It was confirmed there was no requirement for public consultation at this time as outlined in Government guidance. A Member of the Committee asked if there would there be scope for this in the future. The Head of Environmental Health confirmed there had been a statutory deadline to put a new policy into place where all site owners must submit an application for a relevant person to be assessed as a fit and proper person by 1 October 2021. It was confirmed that the Cabinet Member had however been approached.  It would be possible to hold a consultation when fees were reviewed after 12 months but given the limited scope because the guidance was prescribed Members may wish to consider the cost impact. A Member suggested taking feedback from relevant parties, particularly licence holders at a 12 month review. A Member of the Committee asked if there could there be an interim review after 6 months- The Head of Environmental Health felt that the level of applications at that stage maybe too low but this could be considered by officers.
• A Member of the Committee asked for confirmation that this policy referred to sites that had full planning permission as protected sites and licencing as caravan sites. The Head of Environmental Health confirmed this was the case.

On a vote being taken (proposed by Cllr Southworth and seconded by Cllr Towns) it was unanimously RESOLVED that:

1. the content of the draft new Buckinghamshire Council Fit and Proper Person Determination Policy as required by The Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person)(England) Regulations 2020 (“the Regulations”)  introduced under the Caravan Sites and Control of Development Act 1960 be agreed; and
2. the content of the draft new Buckinghamshire Council Fit and Proper Person Fee Policy as required by the Regulations be agreed.