Application process
Where the applicant already possesses the correct planning permission upon application for a licence, then the local authority must issue the licence within two months of the application submission date. If planning permission is not in place, then the licence cannot be issued until such time as the correct planning permission has been obtained. Under these circumstances the local authority has six weeks from the date of the planning permission being granted to issue the licence. In each case the period may be extended by written agreement between the applicant and the local authority.
The local authority can determine what conditions ought to be attached to the site licence.
Generally, there is no expiry date for a site licence. However, if the relevant planning permission is for a limited period, the site licence must expire at the same time as the planning permission.
There is no fee payable for submitting a caravan site licence application in respect of a holiday site. Further details regarding fees associated with residential sites can be found in the document ‘Fees Policy for Residential Park Home Sites’ below.
Transfer of the site licence
If a licence holder ceases to be the occupier and / or owner of the land, they may, with the local authority's consent, transfer the licence to the person who becomes the occupier and / or owner of the land.
Amending an existing site licence
There is no legal mechanism under the Act for a site licence holder to amend a site licence, therefore if you do wish to change any aspect of an existing licence a new application will have to be submitted.
Conditions and model standards for camping and caravan sites
Section 5 (1) of the act lays down the general power to attach conditions. In addition to the general power, the act lays down certain specific conditions that may be imposed. These are for:
restricting the occasions on which caravans are to be stationed, or the total number of caravans to be stationed at any time;
controlling the types of caravans on site;
regulating the positions in which caravans are to be stationed, and for regulating or prohibiting the placing of structures, vehicles and tents on the land;
ensuring that amenities are preserved, including the planting and replanting with trees and bushes;
securing that proper measures are taken for the prevention and detection of fire, and that adequate means of fire fighting are provided and maintained; and,
securing and maintaining adequate sanitary and other facilities, services and equipment
Section 5 (6) of the act permits central government to specify model standards, which the local authority is directed to have regard to when deciding what (if any) conditions to attach to the site licence.
Appeal against conditions
Section 7 (1) of the act allows a right of appeal against conditions attached to a site licence. An appeal must be made to the Magistrates' Court within twenty eight days of the licence being issued.
Alteration of conditions
Section 8 (1) of the act states that the local authority may, at any time, alter such conditions by varying or cancelling them, by adding new conditions, or by a combination of these methods. Before doing so, the authority is obliged to afford to the licence holder an opportunity to make representations. No alteration becomes effective unless and until written notification has been received by the licence holder.
Offences and penalties
Section 9 (1) of the act makes it an offence for a site licence holder to fail to comply with any conditions attached to the licence. If the local authority is satisfied that a breach of a condition under a site licence has occurred, in the first instance it can instigate proceedings in the Magistrates' Court. If, after having been convicted of breaching site licence condition(s) on three or more occasions, a site licence holder continues to break conditions of the licence, the local authority may, instead of instigating further proceedings, apply to the Magistrates' Court to have their licence revoked. Where revocation is ordered, another licence may not be issued in respect of land to the same holder for at least three years.
Power of entry
Under Section 26 (1) of the act, authorised officers of the authority have the right to enter, at all reasonable hours (after having given twenty-four hours' notice) land which is used as a caravan site or in respect of an application for which a site licence has been made.