The MHA 2013 has introduced some important changes to park home site licensing on 1 April 2014. These changes include the ability for Local Authorities to charge site owners a fee for applying for a site licence, for amendments or transfers of existing licences, and for an annual fee for existing site licences. Failure to pay the annual fee may eventually lead to the site licence being revoked. A copy of the fees is available to download under the NKDC Mobile Home Sites licencing and fee policy.
Acts and regulations
The Caravan and Control of Development Act 1960 requires the Council to licence sites that have gained or are in the process of obtaining the required planning permission to operate as a recognised caravan, mobile home or park home site.
On 26 March 2013 the Government passed the Mobile Homes Act 2013 (MHA 2013) which is designed to give greater protection to occupiers of residential caravan and mobile homes. Further information can be found on the GOV.UK Park Homes webpages. The MHA 2013 introduces changes to Mobile Home Site Licensing. It gives the council greater powers to monitor Mobile Home Site licenses to ensure licence conditions are met and to carry out effective enforcement action where appropriate. We are also able to charge a fee for all site licensing functions.
Changes to licensing and the introduction of licence fees
Changes to the enforcement of site licence breaches
From 1 April 2014 Local Authorities will be able to serve compliance notices on site owners where site licence conditions are breached. These notices will set out what the site owner needs to do to correct the breaches and the timescales, and the notice will attract a fee. Failure to comply with the notice would be a criminal offence.
Licence summary
To run a caravan site you need a licence from us.
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 to 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 or do not have the correct planning consent.
Download application form
If you prefer to not apply online you can download our application form and complete it manually.
Regulation summary
Site Rules
Depositing with the Local Authority, and the Local Authority Register of Site Rules.
The Mobile Homes (Site Rules) (England) Regulations 2014 prescribe the procedure for the making, variation and deletion of site rules on residential mobile home parks. Site Licence Holders must follow a set procedure for changes to be made to “site rules” for a permanent residential home site.
Once the rules have been agreed, they must be deposited with the local authority and we will publish them on our website. Please note that NKDC does not have any enforcement powers to object to site rules and you should seek legal advice if you disagree with rules in place for your site. Advice on site rules can be obtained from Park Homes Lease. Sites rules for various sites within the district are available to view in the download section of this web page
All Site Rules received by NKDC are required to be published under Regulation 16 of the Mobile Homes (Site Rules) (England) Regulations 2014. The Site Rules that are published to the Register as required by the above Regulation are an exact copy as presented to NKDC. The Council accepts no responsibility if there are errors or omissions regarding the site rules.
Application evaluation process
Applications for site licences are made to the local authority in whose area the land is situated.
Applications must be in writing, electronic mail is also acceptable, should detail the land the application concerns and a plan showing the site and the location of the caravans.
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 us by the end of the target completion date.
Failed application redress
You are advised to take up any issue with us first.
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 District Council.
Licence holder redress
You are advised to take up any issue with us first.
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.
We 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 District Council.
Fit and Proper Person Test
From 1st October 2021 The Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020 (hereafter ‘the Regulations) prohibit the use of land as a residential mobile home site unless the local authority is satisfied that the owner or manager of the site is a fit and proper person. The purpose of the fit and proper person test is to improve the standards of park (mobile) home site management.
The Regulations apply in relation to all relevant protected sites other than non-commercial family-occupied sites. These include both “residential parks”, which are used exclusively residentially, and “mixed use parks”, which are used for both residential and holiday purposes.
The law also requires North Kesteven District Council to publish and maintain an up to date register of fit and proper persons. This may be inspected in person at Kesteven Street, Sleaford, Lincolnshire, NG34 7EF, or by accessing it online - Register of fit and proper persons.
Consumer complaint
We would always recommend that in the event of a complaint the first contact is made with the trader by you - preferably in the form of a letter (with proof of delivery). If that has not worked, if you are located in the UK, Citizens Advice Consumer Helpline will give you advice. From outside the UK contact the UK European Consumer Centre.