Caravan and campsites

If you allow your land to be used as a camping site by the public for more than 42 days consecutively – or 60 days in a year – you require a licence from the local authority. Public Health Act 1936

There are three main site categories.

  • Residential sites
  • Holiday sites and
  • Tent and tourers

A site can range from a single caravan, tent or tourer on a small plot of land to large sites compromising of hundreds of units.

Conditions may be attached to a licence to cover any of the following:

  • restricting when caravans can be on the site for human habitation or restricting the number of caravans that can be on the site at any one time
  • controlling the types of caravans on the site
  • controlling the positioning of the caravans or regulating the use of other structures and vehicles including tents
  • to ensure steps are taken enhance the land, including planting/replanting bushes and trees
  • fire safety and firefighting controls
  • to ensure that sanitary and other facilities, services and equipment are supplied and maintained

Eligibility criteria

The applicant must be entitled to use the land as a caravan site. Licences will not be issued to applicants who have had a site licence revoked within three years of the current application.

Planning

Planning legislation takes primacy over the legislation that governs caravan site licences.  In other words, the licence may only be issued after the relevant planning permission has been obtained for the site.  It is recommended that before submitting an application that any potential applicant checks the planning permission permits the land to which is relates can be used as a caravan site.  Without the correct planning permission being in place, a caravan site cannot be granted.

It is worth noting that as a caravan site licence can only be issued in accordance with planning permission, so if there are any relevant restrictions that form part of the permission then these will need to be mirrored on the site licence, if granted. For instance, if planning permission only allows a site to be occupied between 1 March and 31 October, the caravan site licence cannot be granted beyond those months.

Mobile Homes Act 2013

The Mobile Homes Act 2013 Mobile homes guidance for park owners .  The 2013 Act is designed to give greater protection to occupiers of residential mobile park homes.  The licensing provisions in the Act are aimed at raising standards in the industry and delivering a more professional service to home owners.  Measures also provide for more effective enforcement action by local authorities when site operators do not comply with their licence obligations.  These provisions came into effect on the 1 April 2014 and provide a power for local authorities to charge the site owner a fee for applying for a site licence.  It also provides new powers with the introduction of ‘compliance notices’ to deal with breaches of licence conditions.  For more information, visit the Leaseholder Advisory Service .

The Mobile Homes (Site Rules) (England) Regulations 2014

These Regulations prescribe the procedure for the making, variation and deletion of site rules on residential mobile parks (relevant protected sites).  Site Licence holders must follow a set procedure for changes to be made to “site rules” for a permanent residential home.  There may be a fee for the deposit of site rules with the authority.

Who needs a licence?

The law prohibits the use of land as caravan site unless the occupier holds a site licence that has been issued by the local authority.  This applies to permanent residential sites, holiday sites and touring caravan sites.

If you are a caravan site licensee you should have a licence already but you should check that your name, the site name and address is correct and up to date.  You must also check that the licence corresponds with your planning permission.  If not you should send the licence for re-issue including the correct details or complete an Application form for a site licence.

If you have recently become a caravan site owner, licences are transferable to a new occupier but the law requires us to give consent for the transfer.  You should send us the licence with an application form to transfer a site licence and we will either endorse or re-issue the licence.

Applying for a licence

Applications for site licences should be made to the local authority in whose area the land is situated on the below applications forms.  To apply for a caravan site licence, the authority is prohibited from granting a site licence to any person, organisation or company who has previously held a site licence which has been revoked in the past three years.

The applicant will need to include details of the following in their applications:

The type of caravan site for which the licence is required – permanent, residential, seasonal or touring.

The maximum number of caravans that are proposed to be stationed on site at any one time for the purpose of human habitation.

A layout plan of the site, to a scale of not less than 1/500, showing boundaries of the site, the positions of caravan standings and, where appropriate, the positions of roads and footpaths, toilet blocks, stores and other buildings, food and surface water drainage, water supply, recreation spaces, fire points and parking spaces.

Details of the arrangements for refuse disposal and for sewerage and waste water disposal.

Application forms

Use the links below for the following online application forms to apply for a new site licence, transfer a site licence to another person, or make changes to your existing site licence.

Fit and Proper Persons Test

The Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020 (“the Regulations”) introduced a fit and proper person test for mobile home site owners or the person appointed to manage the site, unless exempted by the Regulations.

It is important to highlight that from 1 July 2021 until 1 October 2021 protected sites, operated on a commercial basis, must be shown to be being managed by a fit and proper person.

The local authority are currently preparing to implement the new regulations to enable site owners, or the person appointed to manage the site, to make their applications to be included on the register of fit and proper persons.  It is a criminal offence for site manager/owners not to apply.

What is a fit and proper person?

The 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 any of the following:

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, or 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 10 years.

Disqualification from acting as a company director within the last 10 years.

Has the right to work in the UK

Please see the link to .GOV.UK guidance:- Site owner guidance for fit and proper person test

 

Who will need to apply?

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

Anyone currently with a licence of a protected site, 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 by midnight of 30 September 2021 inclusive 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).

Applying for inclusion on the register will have a reasonable fee attached, but this will be agreed at a later stage.

The applicant seeking entry on the register will need a basic DBS certificate (dated no more than 6 months before the date of the application) and this 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 Government’s web site:

www.gov.uk/request-copy-criminal-record

Register for Fit and Proper Person

Erewash Public Register fit and proper person

Mobile Home Site Register

Ford Farm Mobile Home Park, Ford Lane. Little Eaton, Derbyshire, DE21 5DA

Mayfield Mobile Home Park, off Draycott Road, Breaston, Derbyshire, DE72 3DA

Offences and penalties

It is 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 instanced it can instigate proceedings in the Magistrates’ Court.  If, after having been convicted of breaching site licence conditions (s) on three or more occasions, a site licence holder continues to breach 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.

Regulation summary

A summary of the regulation relating to this licence.

Application evaluation process

Applications for site licences are made to the local authority in whose area the land situated. Applications must be in writing, should detail the land the application concerns and any other information required by the local authority.

Will tacit consent apply?

Yes. This means that you will be able to act as though your application is granted if you have not heard from the local authority by the end of the target completion period (which is 28 working days from the date your application is received by the council).

Failed application redress

In the first instance please contact:

Licensing section, Erewash Borough Council, Town Hall, Derby Road, Long Eaton, Derbyshire, NG10 1HU
Call: 0115 9072244 extension 3120
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

If a licence holder is refused an application to alter a condition they may appeal to the local Magistrates' court. The appeal must be made within 28 days of the written notification of the refusal and a notice of appeal must be served on the local district council.

Licence holder redress

In the first instance please contact:

Licensing section, Erewash Borough Council, Town Hall, Derby Road, Long Eaton, Derbyshire, NG10 1HU
Call: 0115 9072244 extension 3120 or email the licensing team.

If a licence holder wishes to appeal against a condition attached to a licence they may appeal to the local Magistrates' Court. The appeal must be made within 28 days of the licence being issued.

The local district council may alter conditions at any time but must give licence holders the opportunity to make representations about the proposed changes. If a licence holder disagrees with the alterations they may appeal to the local Magistrates' court. The appeal must be made within 28 days of the written notification of the alteration and a notice of appeal must be served on the local district council.

Trade associations

Conditions

Caravan and camp site licences are usually issued with conditions which relate to:

  • the type of caravan site (residential, static holiday or touring);
  • the number of caravans allowed per hectare (called the permitted density);
  • the spacing between caravans;
  • water supply, drainage, lavatory and washing facilities; fire precautions and electrical installations.

If you are considering buying an existing caravan site you must make sure you are satisfied that the site complies with any conditions related to the planning consent for the site.  If you wish to change the use of the land to a permanent caravan site you must have planning permission before a licence can be issued.

The local authority may at any time alter the 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 allow the licence holder an opportunity to make representations.  No alteration becomes effective unless and until written notification has been received by the licence holder.

To appeal against the conditions of a site licence, should be made to the Magistrates’ Court within 28 days of the licence being issued.

Power of Entry

Authorised officers of the authority have the right to enter at all reasonable hours (after giving 24 hour’s notice) land which is used as a caravan site or in respect of an application for a site licence that has been made.

Exemptions

There are some exemptions that a caravan site licence is not required for:

  • A caravan sited within the curtilage of a dwelling and its use is incidental to the dwelling.
  • A single caravan used by a person for not more than two consecutive nights for a maximum of 28 days in any 12 months.
  • A maximum of three caravans on a site of not less than five acres for a maximum of 28 days in any 12 months.
  • Sites of up to five caravans certified by an exempt organisation and which are members only.
  • Meetings organised by exempted organisations lasting not more than five days.
  • Sites occupied by the local authority. These are usually gypsy/ traveller sites.
  • Sites for temporary and special purposes such as caravan rallies, agricultural and forestry workers, building and engineering sites and travelling showmen.
  • Sites operated and owned by a local council, county council or regional council.

Need further help or information?

Please contact the Licensing section at: This email address is being protected from spambots. You need JavaScript enabled to view it.