Park homes and caravan site licences

Sites within the borough of Cheshire East Council on which park homes, mobile homes or caravans are situated for the purpose of habitation either permanently (relevant protected sites) or for holiday use, including Gypsy and Traveller sites are required to be licensed by this Council. Once planning permission has been granted for that use. A site may consist of one or more caravan(s); they may be residential or recreational/touring.

Some sites are exempt from licensing, mostly those approved by the Caravan Club, those which are used only a few times each year, ancillary to the use of a dwelling and those exempted by legislation.

Mobile Homes Act 2013 - site rules online register

In accordance with the Mobile Homes Act 2013, all Local Authorities must retain an online register of Site Rules for those sites that fall within the Act. It is the responsibility of the Council to maintain the register and all site rules received by the Council must be included on the public register. Please note, it is the responsibility of the site owners to provide copies of the site rules and all of the site rules, submitted to the Council are an exact copy of those that have been received. The Council does not enforce the rules and as such we accept no responsibility if there are errors or omissions and it is the responsibility of the site owners to provide any updates or amendments.

The  register is currently being refreshed and is not available online.  If you wish to access any site rule information in the interim then email your request to Commercialservices@cheshireeast.gov.uk

The Mobile Homes Regulations 2020

From the 1 July 2021 all park home sites (permanent residential sites), operated on a commercial basis, must be managed by a fit and proper person. Cheshire East Council is implementing the new regulations to enable site owners or site managers to make their applications to be included on the register of fit and proper persons. These applications must be submitted for assessment before 30 September 2021.

What is a fit and proper person

Any applicant wishing to be included on the register will have to show that there are suitable financial and management arrangements in place for the site and to provide information relating to their conduct in relation to:

  • offences relating to fraud, dishonesty, violence, arson or drugs or listed in schedule 3 of the Sexual Offences Act 2003
  • contraventions of law in relation to; housing, caravan sites, mobile homes, public health, planning or environmental health or landlord and tenant law
  • contraventions of law in relation to the Equality Act 2010
  • contraventions of law in connection with the carrying out of any business
  • harassment of any person in connection with the carrying out of any business.
  • insolvency within the last ten years
  • disqualification from acting as a company director within the last ten years
  • their right to work in the UK

Does it apply to all park home sites

No, only park home sites which operate on a commercial basis where units are sold or rented to residents. Park home sites which are only occupied by the site owner or members of their family do not need to apply. However, if circumstances change and units are rented out to non-family members then the owner or site manager will need to apply to be included on the register.

Who will need to apply

Under the legislation the fit and proper person must be the person with day to day responsibility of managing a site, whether that is the site owner, or a person appointed to undertake the task on the owner’s behalf.

Anyone applying for a new site licence or the transfer of a site licence to a new owner will need to apply to have themselves or the site manager included on the register.

How do you apply to be put on the register of fit and proper persons

You must submit an application between the 1 July 2021 and midnight of 30 September 2021 to be assessed as a fit and proper person. If you are operating a site and fail to comply with the fit and proper person test it is a criminal offence and if found guilty you would be liable, on summary conviction, of a fine up to level 5 (unlimited).

There will be no charge for initial applications received during July – September 2021 but fees will be payable in the future for any applications received, the fees will be published once determined and approved. 

The applicant will need a basic DBS certificate (no more than six months before the date of the application) and must be included with the application. The DBS certificate must be from an approved supplier, information about how to arrange a DBS check can be found on the Gov.UK website.

Apply

The application form is now available online to download at www.cheshireeast.gov.uk

If you would like to request a paper copy then please email Commercialservices@cheshireeast.gov.uk

Regulation

View additional guidance on residential park homes on Communities and Local Government website

Fees

The Mobile Homes Act 2013 introduced the provision for a local authority to charge for its inspection, administration and enforcement functions in relation to residential caravan sites. These fees are set annually by the General Licensing Committee view a copy of the Fees and Charges Policy 2021-2022 (PDF, 169KB).

Fees and charges for mobile home licensing
Mobile Home Licensing Function£
Annual Fee (dependent upon pitch numbers) 202.00 - 495.00
New Application Fee (dependent upon pitch numbers) 202.00 - 495.00
Transfer Fee 116.00
Simple Licence Amendment 116.00
Detailed Licence Amendment 348.00
Deposit of Site Rules 38.00
Service of Statutory Notice Cost Recovery

Application evaluation process

Conditions are not normally imposed on a site licence where these controls are already in place eg planning permission conditions, or other legislation eg fire safety controls covered by the Regulatory Reform (Fire Safety) Order 2005.

The application for a site licence must follow the planning permitted use and layout. Deviation from this will result in refusal as only site permitted by the planning process can be licensed.

Following the grant of planning permission the Environmental Health Team will inspect the site and discuss conditions that may be attached to a licence to cover any of the following:

  • controlling the types of caravans on the site eg BS standards for recreational and or residential use.
  • controlling the positioning of the caravans or regulating the use of other structures and vehicles including tents
  • fire safety and fire fighting controls – requirement for the production of a Fire Risk Assessment
  • to ensure that sanitary and other facilities, services and equipment are supplied and maintained
  • to ensure adequate roadways
  • general public health and health and safety measures

This is not an exhaustive list.

You must allow the officer free access to the site and provide all the required information.

Eligibility criteria

  • The applicant must be entitled to use the land as a caravan site. If planning permission is required then this must be granted before the licence can be issued.
  • Licences will not be issued to applicants who have had a site licence revoked within three years of the current application.
  • Generally the site licence will be in the name of the landowner or registered company.
  • Where someone does not meet a fit and proper person criteria (when enacted by legislation - Mobile Homes Act 2013).

Right of appeal

If a licence application is refused or an application or to alter a condition in an existing licence, they may appeal to the Residential Property Tribunals (residential – relevant protected sites – Mobile Homes Act 2013) or the magistrates court for all other sites. The appeal must be made within 28 days of the written notification of the refusal and a notice of appeal must be served on Cheshire East Council.

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