The Government has recently published guidance documents aimed at local authorities.
The first is entitled “A Best Practice Guide for Local Authorities on Enforcement of the New Site Licensing Regime” and the second is entitled “Advice to Local Authorities on the New Regime for Applications for the Grant or Transfer of a Site Licence”.
Judging from the title of these documents park owners may feel that the guidance is not relevant to them but it is very relevant to both park owners and park homeowners as well as to local authorities.
“A Best Practice Guide for Local Authorities on Enforcement of the New Site Licensing Regime”
This document deals with a number of key points including:-
1. Advice that local authorities should not rush to serve compliance notices;
2. That an informal approach should be undertaken at the outset;
3. When to apply model standards 2008;
4. The sorts of things to be taken into account when drafting site licence conditions;
5. How to deal with specific issues, including spacing issues and the approach to be adopted by the local authority;
6. How to achieve compliance with the site licence conditions, with advice as to what is expected of homeowners and park owners alike; and
7. Advice on the procedure to use when enforcing site licence conditions.
“Advice to Local Authorities on the New Regime for Applications for the Grant or Transfer of a Site Licence”
This document covers to some extent a number of points which the Best Practice Guide referred to above details.
The advice includes information about:-
1. What is expected of the existing licence holder when a transfer of the site licence is to take place;
2. What is expected of the future licence holder before the local authority will consent to the transfer;
3. The rules on processing applications for the grant of transfer of a site licence; and
4. Licence conditions including types of conditions.
The advice emphasises that informal advice should be sought by park owners before any formal application is made for the grant or transfer of a site licence. This is emphasised in the guidance.
Any park owners looking to, or in the process of, buying and selling should consult this guidance which provides a helpful and common sense approach to dealing with this aspect of the new site licensing regime.
Please follow these links to download copies of these two guidance documents.
A Best Practice Guide for Local Authorities on Enforcement of the New Site Licensing Regime.
If you have any questions about any matters relating to the above please contact our specialists in our Park Home sector, on 01872 265148 or by email planning@stephens-scown.co.uk.