Consultation on Proposals for Regulations Supporting the New Licensing System for Mobile Home Sites with Permanent Residents

West Lothian Civic Centre
Howden South Road
Howden
Livingston
West Lothian

Information relating to a site and its operation can change with time. For effective regulation, up to date, accurate information must be provided. The requirement to provide the same information must be subject to practical considerations, such as the potential absence of a post code until the Royal Mail accepts that the site will be an address to which mail will be delivered. To minimise burdens, applicants should be permitted to reference previously supplied documents, plans etc. where no change has occurred.

Local authorities must be able to ask for additional information at application, renewal and transfer stages.

Information on the ownership of the site should be provided to clarify the relationship between the occupier and the site. The occupier may be the owner, an employee of the owner, a tenant, or where an organisation is concerned, the owner and occupier could be different parts of an organisation.

The applicant should demonstrate suitable planning consent exists.

Contact information should include phone and e-mail contacts.

Information on the ownership of the site should be provided to clarify the relationship between the occupier and the site. The occupier may be the owner, an employee of the owner, a tenant, or where an organisation is concerned, the owner and occupier could be different parts of an organisation.

If not provided at the initial application, the full postal address must be provided (including post code)


Contact information should include phone and e-mail contacts.

Information on the ownership of the site should be provided to clarify the relationship between the occupier and the site. The occupier may be the owner, an employee of the owner, a tenant, or where an organisation is concerned, the owner and occupier could be different parts of an organisation.

If not provided at the initial application, the full postal address must be provided (including post code).

The applicant should demonstrate suitable planning consent exists. It may be that planning consent was of limited duration or personalised and is therefore not applicable to a new occupier.


Contact information should include phone and e-mail contacts.

Subject to caveats, in subsequent answers in this section.

Local authorities have responsibilities under the Data Protection Act and the Public Records (Scotland) Act 2011. Paper records, including plans will all need scanned and securely stored.

However, the applicant should provide proof as part of the application process, so minimal work should be required. Where proof is not available, significant work could arise establishing historical planning consents.

The time involved will depend on the numbers of people involved in a site, the information known and the complexity of the business. The absence of 'light touch' guidance would indicate a more robust approach than is applied to Landlord Registration applications.

However, this a vague question. It is not clear whether the risk assessment relates to officer safety, flood risk, fire risk, reputational risk etc.

Costs should also include hearing representations form other interested parties on an application including residents, other council services, charities or other agencies.

It is noted that only the first application is to include the cost of a site visit. If intervals are to be 5 years, each re-licensing should include the cost of one site visit.

the cost should consider whether the site or its management have changed since the last application and the degree of change concerned. matters which were and remain satisfactory require little or no work. Changes are more likely to lead to additional work.

Costs should include seeking clarification on information provided or seeking additional information. Where all required information is provided to the required standard and there are no concerns regarding the operation of the site, this will not be necessary. However, the cost of seeking additional information or clarification of information provided may be significant

Only with experience will it become apparent what the true cost of assessing applications is. It would seem unnecessary to regulate unless a need for regulation was found to exist.

Regulation 4(1) does not take into account the provision or otherwise of information requested by the local authority under Section 32B(3) of the caravan Sites and Control of Development Act 1960, as amended. There is potential for required information not to be forthcoming, which impedes a local authority's ability to make a timeous decision. Proposed regulation 2 should include reference to S32B(3).

However, it is noted with concern that there appears to be no equivalent to S32B(3) relating to renewals, that is the power of a local authority to ask for 'such other information as the authority may reasonably require'. This would appear to be an oversight in the Housing Scotland Act 2014 as it amends the Caravan Sites and Control of Development Act 1960

There may be valid reason to request additional information for the Fit and Proper Person Test (S32E(3) of the Caravan Sites and Control of Development Act 1960, as amended). This is not included within the consideration of the 3 month time limit.

There may be valid reason to request additional information for other purposes. This is not included within the consideration of the 3 month time limit. Regulation 3 should include reference to 'such other information as the local authority may reasonably require'.

It is fair and reasonable that the reason(s) for any adverse licensing decision should be explained to the applicant(s)

Right of access and possession are essential

It may be useful to make explicit that this includes works to comply with site licence conditions

Where staff or agents are problematic to the running of a site, the interim manager must be able to dismiss that member of staff or agent. However, where the member(s) of staff or agent(s) are used by other parts of a business (for example on other sites or arms of the business) dismissal must be limited to relating to activities at the site(s) for which the interim manager has been appointed.
To enable duties to be discharged, it is essential that an interim manager should be able to appoint others to contribute to, or assist with, the running of the site.

To enable duties to be discharged, it is essential that an interim manager should be able to appoint others to contribute to, or assist with, the running of the site.

This will ensure that responsibilities towards residents and third parties can continue to be discharged.

An interim manager cannot be left without means of legal remedy. The absence of this would make it very difficult to find any person or body to take on interim manager responsibilities.

Any dispute which can be resolved without resorting to legal measures is desirable

Transfer of Licence. Consideration should be given to allowing the interim manager to apply to transfer a licence. In the absence of this power, the only means of 'transferring' the licence would be for a full application from a prospective licence holder.

The interim manager should have the power to apply to a court for removal of the existing licence holder, related associates or family where antisocial behaviour or criminal activity is taking place or being threatened. In the absence of this power, it may not be possible to effectively manage a site

It is in the applicant's interest to conclude matters, not prolong them.

It is in the applicant's interest to prolong the situation. If a renewal is refused, there will be significant reasons for doing so. This is not a situation which should be prolonged.

This could potentially prolong the holding of a licence by a disreputable site occupier

However, the interaction of an appeal against revocation and the appointment of an interim manager needs clarified.

This will enable improved thermal efficiency in these year round homes. However, it should not be used to increase internal space without the improvement in thermal efficiency desired. It makes sense to have uniform size requirements across the UK.