26 July 2010
Mobile Homes Consultation Report
The Scottish Government published their report on the consultation sof the proposed 2010/11 Housing Bill wich has much relevance for park home owners. Relevant extracts from the Exercutive Summary of ther report are reproduced here and the fukll report can be accessed at:
http://www.scotland.gov.uk/Resource/Doc/315633/0100380.pdf
or in our Library section.
Licensing of Mobile Home Sites
43. The proposals relating to the licensing of Mobile Home sites suggested giving local authorities more powers to improve practice and standards on sites;
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Allowing a local authority to revoke or suspend a site licence without court action;
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Requiring individuals to show that they are suitable to hold a site licence;
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Giving local authorities more enforcement powers without having to go tocourt;
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Requiring sites which do not require a license to comply with model
standards; and
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Giving licensing authorities the power to charge fees.
44. There was very strong support for modernisation of the mobile home licensing system, with many suggesting that the current licensing system was out of date and modernisation long overdue. In particular, it was suggested that while the1960 Act (which covers site licensing) had continuing relevance for holiday sites which accommodate touring or static caravans, it was not designed to apply
to home parks which provide permanent residences. However, a small number of respondents qualified their support for any changes by questioning whether simply enabling more effective use of current enforcement powers would go some way towards meeting the concerns of legitimate site owners and residents.
45. There was also strong support for the proposal that a revised licensing system should enable local authorities to revoke or suspend a licence, on specific grounds, without the requirement to approach the courts. Most of those insupport suggested the changes would be crucial to enabling problems with siteand service standards to be addressed.
46. There were some concerns about the possible impact of the revocation of site
licences on residents, particularly if it had the potential to lead to the closure of the site. Indeed, some felt that revocation of a licence may not be the most appropriate or effective way of addressing issues of site safety, while others suggested the need for a clear statement of the appropriate grounds on which a site licence can be suspended or revoked. This was seen as vital to ensuring thatthe process not only was, but was seen to be, transparent and consistent across
Scotland.
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47. The great majority of respondents were also in favour of proposals requiring individuals to demonstrate their suitability to hold a site licence. This is perhaps unsurprising given the strong support for local authority powers to suspend or revoke a site licence, and many respondents’ suggesting a fit and proper person test be included as grounds for these powers. Notwithstanding the widespread overall support for the proposal, there were some differences of opinion
regarding the extent and prescriptiveness of any criteria to be applied to sitelicence holders.
48. There was relatively strong support for additional local authority enforcementpowers which did not involve recourse to the courts. Much of the support for this proposal appeared to stem from problems with the current requirements for non-compliance to be reported to the Procurator Fiscal, and specifically how this impacts on how effectively and promptly enforcement action can be undertaken.
49. Overall, responses suggest strong support for unlicensed sites complying with model standards. Support for proposals reflected the view expressed by the majority of respondents that there are significant issues affecting some unlicensed sites, and an appropriate response is required. There was also unanimous support for the licensing authority to have powers to charge fees related to licence applications and enforcement.
50. Finally, the great majority of respondents agreed that the classification of a caravan should be clarified. For most respondents, this reflected their view that there were significant issues in applying the existing definition to current forms of mobile homes.
