Frequently Asked Questions

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?

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:

 

  1. any railway rolling stock which is for the time being on rails forming part of a railway system, or
  2. any tent.

 

The definition was amended by the Caravan Sites Act 1968 to include a twin-unit caravan provided that it is:

 

  1. 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;
  2. 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:

 

  1. its length (exclusive of drawbar) does not exceed 60 feet (18.288 m);
  2. its width does not exceed 20 feet (6.096 m);
  3. 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).

 

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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.

 

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Is there a charge for a Caravan Site Licence?

 

No, there are no charges for the issuing of caravan site licences.

 

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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.

 

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What is the relationship between Planning Permission and issuing caravan Site Licences?

 

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.

 

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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.

 

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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.

 

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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.

 

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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.

 

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In what situations does the Public Health Act 1936 apply to Caravan Sites?

 

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:

 

  1. Any caravan in such a state or so overcrowded as to be prejudicial to the health of the inmates; and,
  2. 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.

 

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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 mobile homes 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.

 

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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.

 

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Further Information

 

Further information may be found at the following websites:

 

 

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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Frequently Asked Questions

What do the Planning Enforcement team do?
The team investigates allegations of breaches of planning control including: unauthorised development, or uses; unauthorised works to a listed building - both internal and external works; unauthorised display of advertisements; non-compliance with conditions of planning permissions; and, untidy sites where these are considered detrimental to local amenity unauthorised work to trees which are protected or are located in conservation areas N.B Works to trees which are protected or are located in conservation areas without the consent of the local planning authority is an offence.

What is the extent of planning controls?
Planning controls relate to any development. The definition of ''development'' for the purposes of the Town and Country Planning Act 1990 is considered to include "carrying out of building, engineering, mining or other operation in on or under land or the making of a material change of use of any building or other land". (N.B all mining and waste planning issues are dealt with by the County Council).

Do you require planning permission for all development?
No, many minor developments are exempt from the need for planning permission by the Town and Country Planning (General Permitted Development) Order 1995. You should always contact the local planning authority to find out if you need planning permission before commencing any development

Is it an offence to undertake development without permission?
No, under the Act it is not considered to be an offence to fail to comply with planning controls, although you are advised to contact the local planning authority prior to carrying out works which might require approval. Should a local planning authority consider it expedient to issue an enforcement notice against a development which is unauthorised then non-compliance with this notice is an offence, for which the maximum fine is £20,000.

What happens if a condition on a planning permission is not complied with?
The local planning authority has the power to issue a breach of condition notice against which there is no right of appeal. It is an offence not to comply with such a notice. This offence maybe prosecuted in the magistrates court with a maximum fine of £1,000.

Is it an offence to undertake works to a listed building?
Yes, if these works are considered to affect the character and integrity of the building.

Is it an offence to display an advertisement without consent
Some advertisements are exempt from the need for express advertisement consent. Advertisements which do not require consent are those which enjoy deemed consent under the provisions of the Town and Country Planning (Control of Adverts) Regulations 2007. Booklets and advice can be obtained from the Local Planning Authority.

What information is required for an alleged breach to be investigated?
Address of land or building where breach alleged Details of alleged breach Complainant contact name and address and telephone number. Any additional relevant information/other interested parties

How do I report an alleged breach?
by completing and submitting a Complaint Form which can be found on this page on the website. http://www.fareham.gov.uk/council/departments/devcontrol/complaint.asp. Please note that you will be required to provide your name, address and telephone number for any complaint to be investigated. Your details will be kept confidential. Complaints can also be made in writing to the address shown below. Department of Development Control Fareham Borough Council Civic Offices Civic Way Fareham PO16 7TT

What are the stages of an investigation?
Complaint registered and acknowledged - 4 days First site visit made - 10 days Complainant will be kept informed of progress with investigations.

What action may be taken where a breach of planning controls is found to be occurring?
Once a complaint has been investigated and a breach identified, depending on the severity of the breach a number of things may happen: negotiate a satisfactory solution seek a retrospective planning application if no application is forthcoming or the breach is serious then an enforcement notice may be issued In the case where significant harm is being caused by the breach it may be appropriate to issue a stop notice in conjunction with an enforcement notice or seek a legal injunction to stop the unauthorised activities. It is important to note that the enforcement of Planning Control is a discretionary power and in some circumstances it may not be expedient to take action

Is there a right of appeal?
On an enforcement notice, listed building enforcement notice and an advert discontinuance notice, there is a right of appeal. The appeal is made to the Planning Inspectorate. .

Is there a period after which development becomes immune from enforcement action?
Yes, The period within which planning enforcement action can be taken is limited to: 4 years for operational development and change of use to any building for use as a single dwelling house 10 years for all other changes of use and breaches of conditions If you wish to confirm that development is immune from planning enforcement action, you are advised to make an application for a Certificate of Lawfulness.

What is a statutory nuisance?
To be a statutory nuisance something must be either prejudicial to health or a nuisance in common law terms. Nuisance can broadly be defined as something that affects somebody''s use and enjoyment of their home and property. Noise is the most frequently complained of nuisance issue. We can deal with both domestic and commercial sources and have equipment to both measure and record noise if necessary.

What things are classified as statutory nuisances?
Issues controlled using statutory nuisance law include:- • Noise • Premises • Smoke • Light (from badly adjusted floodlights, for example) • Fumes and gases (applies to domestic premises only) • Smell (commercial premises only) • Dust and steam (commercial premises only) • Accumulations • Animals • Insects (from relevant industrial, trade or business premises)

What things are not classified as statutory nuisances?
Nuisance is a very property based issue so that for example, an issue that disturbed you whilst walking on a public footpath, could not be a statutory nuisance to you. Other issues that are not classified as statutory nuisances include:- Aircraft noise Domestic odours (like cooking smells) Normal road noise. In such cases, whilst we will not be able to take formal action we may be able to give you advice or suggest your best course of action.

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 Licences?
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 for a caravan site licence 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 with regards to caravan sites?
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 sites?
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 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.

Do I need planning permission?
If you need the Council''s advice on whether you need planning permission, print off and complete one of the three forms appropriate for your proposal and forward it to us. Email us on planningadvice@fareham.gov.uk, telephone 01329 236100, send a facsimile to 01329 821500 or send the details by post and we will advise you if you need Building Regulations Consent or planning permission.

How much will my planning application cost?
A list of fees is available on the Planning Portal (External Link). You will be able to work out the fee for your planning application using this.

How long does it take to make a decision on my planning application?
The Council makes a decision on most planning applications within eight weeks. You may make an appeal to Government if we have not sent you the decision within the expiry date in our letter acknowledging your application (usually eight weeks from receipt, but thirteen weeks for some major applications).

Can I view planning applications?
You can see the details of current and recent planning applications together with documents and decision notices at the online planning page.

What are your opening hours if I need to speak to a planning officer?
The Council offices are open on Monday to Friday between 08.45 and 17.15 (16.45 on Friday). A duty planning officer is available to answer questions from telephone callers and visitors between 09.00 and 13.00. If you have a question that needs research, you should print off and submit details on the planning advice enquiry forms on our website.

Will you investigate development my neighbour is carrying out? will you tell my neighbour I complained about them?
Complaints of breaches of planning control (e.g.: building work or new uses of land in the absence of necessary plannning permission or not as shown on the planning permission, ignoring conditions of planning permission) are dealt with by the Planning Enforcement Team. You will need to give us your name and contact details as we will not take action on anonymous complaints; however, we will treat your complaint in confidence.

Why do I need planning permission when many people have built similar things without encountering problems?
Planning permission may not be needed in every case. Some works are not counted as develoment (e.g.: general painting and decorating); other carefully defined kinds of development, particularly for works to dwellinghouses or in their gardens, are granted general permission by the government so they don''t need a specific planning permission. (NB: These entitlements may be withdrawn by planning condition of earlier planning permissions or by a direction for specific classes of development in specific areas:- Articles 3 and 4 of the Town and Country Planning General Development Procedure Order 1995). If your development does not fall into those categories, you will need to apply for planning permission.

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