Caravan Sites
The Caravan Sites and Control of Development Act 1960
Land owners must not allow their land to be used as a caravan site unless it holds a valid site licence other than for certain exemptions such as:
- Incidental use within the boundary of a dwelling house
- Sites approved by certain organisations ie caravan club etc.
- Building and engineering sites.
- Travelling showman sites.
- Sites occupied by the local authority.
Please see below for information regarding the licensing of caravan sites:
- What is a caravan?
- Are there any organisations that are exempted from applying for a Caravan Site Licence?
- Is there a charge for a Caravan Site Licence?
- How long does a Caravan Site Licence last?
- What is the relationship between Planning Permissions and issuing Caravan Site Licences?
- Once planning permission has been granted, what happens next?
- What happens when the ownership of a caravan site changes?
- Can the conditions attached to a licence be changed after the licence has been issued?
- In what situations does the Health & Safety at Work etc. Act 1974 apply?
- In what situations does the Public Health Act 1936 apply to Caravan Sites?
- In what situations does the Mobiles Home Act 1983 apply to Caravan Sites?
- How do I find out information about the Caravan Site Licence that has been issued?
- Application form for a Site Licence (17 Kb)
- Caravan sites in Fareham (52 Kb)
- Further information
What is a caravan?
A caravan is defined as any structure designed or adapted for human habitation which is capable of being moved from one place to another (whether by being towed, or by being transported on a motor vehicle or trailer) and any motor vehicle so designed or adapted, but does not include:
- any railway rolling stock which is for the time being on rails forming part of a railway system, or
- any tent.
The definition was amended by the Caravan Sites Act 1968 to include a twin-unit caravan provided that it is:
- composed of not more than two sections separately constructed and designed to be assembled on site by means of bolts, clamps or other devices and;
- when dis-assembled, is physically capable of being moved by road from one place to another (whether by being towed or by being transported on a motor vehicle or trailer).
Provided also when assembled:
- its length (exclusive of drawbar) does not exceed 60 feet (18.288 m);
- its width does not exceed 20 feet (6.096 m);
- the overall height of the living accommodation (measured internally from the floor to the lowest level of the ceiling at the highest level) does not exceed 10 feet (3.048 m).
Are there any organisations that are exempted from applying for a Caravan Site Licence?
Yes, the following organisations do not require to apply for a caravan site licence:
- The Caravan Club
- The Camping Club of Great Britain and Ireland
- The Boy Scouts Association
- The Girl Guides Association
- The Motor Caravanners Club
Other organisations may be exempted if they hold a certificate of exemption granted by the Secretary of State.
Is there a charge for a Caravan Site Licence?
No, there are no charges for the issuing of caravan site licences.
How long does a Caravan Site Licence last?
The duration of a site licence will be determined by any time restrictions imposed by a planning consent. If an occupier wishes to continue the use of a caravan site at the expiration of any planning permission, the planning permission will need to be renewed before a new caravan site licence can be issued.
What is the relationship between Planning Permission and issuing caravan Site Licenses?
A planning consent and a site licence are separate and distinct from one another. A site licence cannot be issued unless the land concerned has planning permission for use as a caravan site.
Once planning permission has been granted, what happens next?
Where planning permission has been granted, the local authority must issue a caravan site licence within two months of the application being made.
Where planning permission is given after an application for a caravan site licence has been made, provided all the required information is supplied, the site licence has to be issued within 6 weeks from the date of the planning consent. The applicant and the local authority may though agree longer periods for the issue of a site licence.
What happens when the ownership of a caravan site changes?
The legislation allows for the transfer of a caravan site licence provided that the new licence holder becomes the occupier of the land. Transfer of the licence is by endorsing the licence with the new name and the date of the transfer.
Can the conditions attached to a licence be changed after the licence has been issued?
The conditions attached to a site licence may be varied, supplemented or replaced at any time provided the licence holder has been consulted and has had adequate opportunity to make representations. The local authority must consult with the fire authority concerning any changes to conditions relating to fire precautions.
In what situations does the Health and Safety at Work etc. Act 1974 apply?
Section 3 of the Act places a general duty on site operators to conduct their undertaking in such a way as to ensure, so far as is reasonably practicable, that both residents and the public at large are not exposed to risks to their health and safety.
There is a relationship between the Caravan Sites and Control of Development Act 1960 and the Health and Safety at Work etc. Act 1974 and therefore any action taken needs to be carefully considered by the Council in terms of which legislation is to be used.
In what situations does the Public Health Act 1936 apply to Caravan Site?
Section 268 (1) of the Public Health Act 1936 applies the general nuisance provisions of Part III of the Environmental Protection Act 1990 to tents, vans, sheds and similar moveable structures used for human habitation. It also applies sections 83-85 of the 1936 Act concerning filthy or verminous premises provisions to caravans. In terms of Statutory Nuisance in relation to caravans, the following applies:
- Any caravan in such a state or so overcrowded as to be prejudicial to the health of the inmates; and,
- Any caravan the use of which, because the lack of proper sanitary accommodation, or for any other reason, causes conditions prejudicial to health, whether on site or any other land.
Where a statutory nuisance exists, the action should be taken against the occupier of the land, i.e. the site owner. The occupier of the land has a defence in that he did not authorise the caravan to be placed there.
In what situations does the Mobile Homes Act 1983 apply to Caravan Sites?
The Mobile Homes Act 1983 is primarily concerned with the protection of security of tenure of residents on a caravan site. This legislation is not enforced by Environmental Services and any issues relating to this legislation should in the first instance be referred to the Housing Department. A guide (this is an external hyperlink) has been produced by the ODPM on the Mobile Homes Act 1983 and this document provides useful information on the legislation.
How do I find out information about the Caravan Site Licence that has been issued?
All site licences applying to sites where more than three mobile homes may be stationed are required to display a copy of the site licence (and conditions attached) in a conspicuous place.
Every local authority must keep a register of the site licences issued in its area and the register must be available for inspection during normal office hours. Enquires regarding the public register should be made via e-mail to regulatory@fareham.gov.uk or telephone us on 01329 236100.
Further Information
Further information may be found at the following websites:
National Caravan Council (this is an external hyperlink)
British Holiday and Home Parks Association (this is an external hyperlink)
If you require further information or advice on any of the above please e-mail regulatory@fareham.gov.uk or telephone us on 01329 236100.
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