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Mobile Homes (Wales) Act 2013

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This is the original version (as it was originally enacted).

7Issue of site licence

This section has no associated Explanatory Notes

(1)A local authority may issue a site licence in respect of land if the applicant is, when the site licence is issued, entitled to the benefit of planning permission for the use of the land as a mobile home site otherwise than by a development order.

(2)If, on the date when the applicant gives the information required by virtue of section 6, the applicant is entitled to the benefit of such planning permission, the local authority may issue a site licence in respect of the land within 2 months of that date or, if the applicant and the local authority agree in writing that the local authority is to be allowed a longer period within which to grant a site licence, within the period agreed.

(3)If the applicant becomes entitled to the benefit of planning permission at some time after giving the information required by virtue of section 6, the local authority may issue a site licence in respect of the land within 6 weeks of the date on which the applicant becomes entitled to the benefit of planning permission or, if the applicant and the local authority agree in writing that the local authority is to be allowed a longer period within which to grant a site licence, within the period agreed.

(4)Where a local authority decides not to issue a site licence under subsection (2) or (3)—

(a)the local authority must notify the applicant of the reasons for the decision and of the applicant’s right of appeal under paragraph (b),

(b)the applicant may, within the period of 28 days beginning with the day on which the decision is made, appeal to a residential property tribunal against the decision, and

(c)no compensation may be claimed for loss suffered in consequence of the decision pending the outcome of the appeal.

(5)A local authority must not at any time issue a site licence to a person whom the local authority knows has held a site licence which has been revoked under section 18 or 28 less than 3 years before that time.

(6)Where a local authority fails to determine an application for a site licence within the period within which it is required to do so, no offence under section 5 is committed in respect of the land by the person by whom the application for the site licence was made at any time after the end of that period until the application is determined.

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