Mobile Homes (Wales) Act 2013

PART 1 — INTRODUCTION

Overview of Act

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• (1) This Act makes provision about mobile home sites in Wales.

• (2) In this Act—

• (a) Part 2 makes provision for and in connection with the licensing of regulated sites etc.,

• (b) Part 3 makes provision for protection from eviction from protected sites,

• (c) Part 4 makes provision about the terms of agreements for stationing mobile homes on protected sites,

• (d) Part 5 makes provision under which local authorities may provide sites for mobile homes and may prohibit the stationing of mobile homes on commons, and

• (e) Part 6 makes supplementary and general provision.

Mobile home sites subject to Act

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• (1) In this Act “regulated site” means any land in Wales on which a mobile home is stationed for the purposes of human habitation (including any land in Wales used in conjunction with that land), other than—

• (a) a site which Schedule 1 provides is not to be a regulated site, or

• (b) a holiday site.

• (2) In this Act “protected site” means land which is—

• (a) a regulated site, or

• (b) a site that would be a regulated site but for paragraph 11 of Schedule 1.

• (3) In subsection (1) “holiday site” means a site in respect of which the relevant planning permission or the site licence for the site under the Caravan Sites and Control of Development Act 1960—

• (a) is expressed to be granted for holiday use only, or

• (b) requires that there are times of the year when no mobile home may be stationed on the site for human habitation.

• (4) For the purpose of determining whether or not a site is a holiday site, any provision of the relevant planning permission or of the site licence which permits the stationing of a mobile home on the land for human habitation all year round is to be ignored if the mobile home is authorised to be occupied by—

• (a) the person who is the owner of the site, or

• (b) a person employed by that person but who does not occupy the mobile home under an agreement to which Part 4 applies.

• (5) In this Act “local authority Gypsy and Traveller site” means land owned by a local authority for the stationing of mobile homes providing accommodation for Gypsies and Travellers.

Owners of sites

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In this Act “owner”, in relation to any land, means the person who, by virtue of an estate or interest in the land—

• (a) is entitled to possession of the land, or

• (b) would be entitled to possession of the land but for the rights of any other person under any licence or contract granted in respect of the land (including a licence or contract to station or occupy a mobile home there),

but see also sections 39(2), 42(7) and 55(2)(a).

PART 2 — LICENSING OF MOBILE HOME SITES ETC.

Introduction

Overview of Part

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• (1) This Part makes provision about the licensing of regulated sites and related matters.

• (2) In this Part—

• (a) sections 5 to 8 make provision for site licences,

• (b) sections 9 to 25 make provision about conditions of site licences,

• (c) sections 26 and 27 make provision about revocation and surrender of site licences,

• (d) sections 28 and 29 require site managers to be fit and proper persons,

• (e) sections 30 and 31 make provision for the appointment of interim managers,

• (f) sections 32 and 33 contain other enforcement provisions, and

• (g) sections 34 to 39 contain miscellaneous and supplementary provisions.

Site licences

Prohibition on use of land as regulated site without site licence

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• (1) The owner of a regulated site must not cause or permit the site to be used as a regulated site unless the owner holds a licence under this Part in relation to the land (a “site licence”).

• (2) A person who contravenes subsection (1) commits an offence.

• (3) A person who is guilty of an offence under subsection (2) is liable on summary conviction to a fine.

Application for site licence

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• (1) An application for the issue of a site licence in respect of any land is to be made by the owner of the land to the local authority in whose area the land is situated.

• (2) An application under this section—

• (a) must specify the land in respect of which the application is made,

• (b) must identify the applicant,

• (c) if the applicant is not to be the manager of the site, must identify the person who is to be the manager of the site, and

• (d) must comply with such other requirements as the local authority may specify.

• (3) An applicant must, either at the time of making the application or subsequently, give to the local authority such other information as the local authority may reasonably require.

• (4) The application must be accompanied by a declaration by the applicant that—

• (a) in a case in which the applicant is not to be the manager of the site, the person identified in accordance with subsection (2)(c), or

• (b) in any other case, the applicant,

is a fit and proper person to manage the site.

• (5) A local authority may require an application for a site licence to be accompanied by a fee fixed by the local authority (on which see section 36).

Issue of site licence

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• (1) A local authority may issue a site licence in respect of land if the applicant is, when the site licence is issued, entitled to the benefit of planning permission for the use of the land as a mobile home site otherwise than by a development order.

• (2) If, on the date when the applicant gives the information required by virtue of section 6, the applicant is entitled to the benefit of such planning permission, the local authority may issue a site licence in respect of the land within 2 months of that date or, if the applicant and the local authority agree in writing that the local authority is to be allowed a longer period within which to grant a site licence, within the period agreed.

• (3) If the applicant becomes entitled to the benefit of planning permission at some time after giving the information required by virtue of section 6, the local authority may issue a site licence in respect of the land within 6 weeks of the date on which the applicant becomes entitled to the benefit of planning permission or, if the applicant and the local authority agree in writing that the local authority is to be allowed a longer period within which to grant a site licence, within the period agreed.

• (4) Where a local authority decides not to issue a site licence under subsection (2) or (3)—

• (a) the local authority must notify the applicant of the reasons for the decision and of the applicant's right of appeal under paragraph (b),

• (b) the applicant may, within the period of 28 days beginning with the day on which the decision is made, appeal to a residential property tribunal against the decision, and

• (c) no compensation may be claimed for loss suffered in consequence of the decision pending the outcome of the appeal.

• (5) A local authority must not at any time issue a site licence to a person whom the local authority knows has held a site licence which has been revoked under section 18 or 28 less than 3 years before that time.

• (6) Where a local authority fails to determine an application for a site licence within the period within which it is required to do so, no offence under section 5 is committed in respect of the land by the person by whom the application for the site licence was made at any time after the end of that period until the application is determined.

Duration of site licence

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• (1) A site licence comes into operation at the time specified in or determined under the licence and, unless terminated by its revocation, continues in force for the period specified in or determined under the site licence.

• (2) That period must end not later than 5 years after the day on which the site licence comes into operation.

Conditions of site licences

Power to attach conditions to site licence

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• (1) A site licence issued by a local authority in respect of any land may be issued subject to such conditions as the local authority may consider it necessary or desirable to impose on the owner of the land in the interests of—

• (a) persons dwelling on the land in mobile homes,

• (b) any other class of persons, or

• (c) the public at large.

• (2) The conditions subject to which a site licence may be issued include (but are not limited to) conditions—

• (a) for restricting the occasions on which mobile homes are stationed on the land for the purposes of human habitation, or the total number of mobile homes which are stationed on the land for those purposes at any one time,

• (b) for controlling (whether by reference to their size, the state of their repair or, subject to subsection (3), any other feature) the types of mobile home which are stationed on the land,

• (c) for regulating the positions in which mobile homes are stationed on the land for the purposes of human habitation (in particular in order to minimise risk from flooding and coastal erosion) and for prohibiting, restricting or otherwise regulating the placing or erection on the land, at any time when mobile homes are stationed on the land for those purposes, of structures and vehicles of any description and of tents,

• (d) for securing the taking of any steps for preserving or enhancing the amenity of the land, including the planting and replanting of the land with trees and bushes,

• (e) for securing that, at all times when mobile homes are stationed on the land, appropriate measures are taken for preventing and detecting the outbreak of fire and adequate means of fighting fire are provided and maintained,

• (f) for securing that, at all times when mobile homes are stationed on the land, appropriate measures are taken for guarding against risk from flooding and coastal erosion and for communicating any known risk from flooding or coastal erosion to persons dwelling on the land in mobile homes,

• (g) for securing that adequate sanitary facilities, and such other facilities, services or equipment as may be specified, are provided for the use of persons dwelling on the land in mobile homes and that, at all times when mobile homes are stationed on the land for the purposes of human habitation, any facilities and equipment provided for their use are properly maintained, and

• (h) for requiring that where there is a change in the person by whom the site is managed, a declaration is made by the holder of the site licence to the local authority that the new manager is a fit and proper person to manage the site.

• (3) No condition may be imposed controlling the types of mobile homes which are stationed on the land by reference to the materials used in their construction.

• (4) Where the Regulatory Reform (Fire Safety) Order 2005 applies to land, no condition may be imposed in a site licence relating to the land in so far as it relates to any matter in relation to which requirements or prohibitions are or could be imposed by or under that Order.

• (5) A site licence issued in respect of any land must, unless it is issued subject to a condition restricting to 3 or fewer the total number of mobile homes which may be stationed on the land at any one time, contain a condition that, at all times when mobile homes are stationed on the land for the purposes of human habitation, a copy of the site licence as for the time being in force, together with copies of the most recent utility bills relating to the site and of any current certificate of public liability insurance relating to the site, must be displayed on the land in a prominent place.

• (6) In subsection (5) “utility bills” means bills for the provision of gas, electricity, water, sewerage or other similar services.

• (7) A condition of a site licence may, if it requires the carrying out of any works on the land in respect of which the site licence is issued, prohibit or restrict the bringing of mobile homes on to the land for the purposes of human habitation until such time as the local authority has certified in writing that the works have been completed to its satisfaction.

• (8) Where the land to which the site licence relates is at the time in use as a mobile home site, a condition requiring the carrying out of any works on the land may, whether or not it contains any prohibition or restriction mentioned in subsection (7), require the works to be completed to the satisfaction of the local authority within a stated period.

• (9) A condition of a site licence is valid even if it can be complied with only by the carrying out of works which the holder of the site licence is not entitled to carry out as of right.

Model standards

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• (1) The Welsh Ministers may specify for the purposes of section 9 model standards with respect to the layout of, and the provision of facilities, services and equipment for, regulated sites or particular types of regulated sites.

• (2) In deciding what (if any) conditions to impose in a site licence, a local authority must have regard to any model standards which have been specified.

• (3) No model standards may be specified in relation to land to which the Regulatory Reform (Fire Safety) Order 2005 applies in so far as the standards relate to any matter in relation to which requirements or prohibitions are or could be imposed by or under that Order.

• (4) The duty of a local authority to have regard to standards specified under this section is to be construed, as regards standards relating to fire precautions, as a duty to have regard to them subject to any advice given by the fire and rescue authority under section 11.

• (5) In this section and section 11 “fire precautions” means precautions to be taken for any of the purposes specified in section 9(2)(e).

Fire precautions

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• (1) The local authority must, in considering what conditions to impose in a site licence relating to any land, consult the fire and rescue authority as to the extent to which any model standards relating to fire precautions which have been specified under section 10 are appropriate to the land.

• (2) If—

• (a) no such standards have been specified, or

• (b) any standard that has been specified appears to the fire and rescue authority to be inappropriate to the land,

the local authority must consult the fire and rescue authority as to what conditions relating to fire precautions ought to be imposed instead.

• (3) This section does not apply where the Regulatory Reform (Fire Safety) Order 2005 applies to the land.

Appeal against conditions of site licence

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• (1) Where a local authority decides to issue a site licence subject to conditions (other than the condition required by section 9(5)), the local authority must notify the applicant of the reasons for doing so and of the applicant's right of appeal under subsection (2).

• (2) The applicant may, within the period of 28 days beginning with the day on which the decision is made, appeal to a residential property tribunal against the decision.

• (3) The tribunal may vary or cancel the condition if satisfied (having regard, among other things, to any standards which may have been specified by the Welsh Ministers under section 10) that the condition is unduly burdensome.

• (4) In a case where a residential property tribunal varies or cancels a condition under subsection (3), it may also attach a new condition to the site licence.

• (5) In so far as the effect of a condition subject to which a site licence is issued in respect of any land is to require the carrying out on the land of any works, the condition does not have effect—

• (a) during the period within which the person to whom the site licence is issued is entitled to appeal against the condition, or

• (b) while an appeal against the condition is pending.

Power of local authority to vary conditions of site licence

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• (1) The conditions of a site licence may be varied at any time (whether by the variation or cancellation of existing conditions, by the addition of new conditions, or by a combination of any such methods) by the local authority if—

• (a) the holder of the site licence makes an application to the local authority for it to do so, or

• (b) the local authority discovers new information or considers that there has been a change of circumstances.

• (2) Before varying the conditions of a site licence under subsection (1)(b), the local authority must give to the holder of the site licence an opportunity to make representations.

• (3) Where the Regulatory Reform (Fire Safety) Order 2005 applies to the land to which the site licence relates, no new condition may be added to a site licence under subsection (1) in so far as it relates to any matter in relation to which requirements or prohibitions are or could be imposed by or under that Order.

• (4) A local authority may require an application for a variation of the conditions of the site licence to be accompanied by a fee fixed by the local authority (on which see section 36).

• (5) The variation by a local authority of the conditions of site licence is not to have effect until written notification of it has been received by the holder of the site licence.

• (6) In exercising the powers conferred by subsection (1), a local authority must have regard (among other things) to any standards which may have been specified by the Welsh Ministers under section 10.

• (7) The local authority must consult the fire and rescue authority before exercising the powers conferred by subsection (1) in relation to a condition of a site licence imposed for the purposes set out in section 9(2)(e).

• (8) Subsection (7) does not apply where the Regulatory Reform (Fire Safety) Order 2005 applies to the land.

Appeal against variation of conditions of site licence

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