Caravan Sites and Control of Development Act 1960

8 Power of local authority to alter conditions attached to site licences. E+W+S

(1) The conditions attached to a site licence may be altered at any time (whether by the variation or cancellation of existing conditions, or by the addition of new conditions, or by a combination of any such methods) by the local authority, but before exercising their powers under this subsection the local authority shall afford to the holder of the licence an opportunity of making representations.

[F1 (1A) Where the Regulatory Reform (Fire Safety) Order 2005 applies to the land to which the site licence relates, no condition may be attached to a site licence under subsection (1) of this section in so far as it relates to any matter in relation to which requirements or prohibitions are or could be imposed by or under that Order.]

[F2 (1A) Where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies in relation to the land to which a site licence relates, no alteration under subsection (1) may be made so as to add a new condition to, or vary an existing condition of, the site licence if the new condition or, as the case may be, existing condition as varied relates to any matter in relation to which requirements or prohibitions are or could be imposed by virtue of that Part.]

[F3 (1B) A local authority in England may require an application by the holder of a site licence in respect of a relevant protected site in their area for the alteration of the conditions attached to the site licence to be accompanied by a fee fixed by the local authority.]

(2) Where the holder of a site licence is aggrieved by any alteration of the conditions attached thereto or by the refusal of the local authority of an application by him for the alteration of those conditions, he may, within twenty-eight days of the date on which written notification of the alteration or refusal is received by him, appeal to a magistrates’ court F4 ... [F5 ; and the court] [F5 or, in a case relating to land in England, to a residential property tribunal; and the court or tribunal] may, if they allow the appeal, give to the local authority such directions as may be necessary to give effect to their decision.

(3) The alteration by a local authority of the conditions attached to any site licence shall not have effect until written notification thereof has been received by the holder of the licence, and in so far as any such alteration imposes a requirement on the holder of the licence to carry out on the land to which the licence relates any works which he would not otherwise be required to carry out, the alteration shall not have effect during the period within which the said holder is entitled by virtue of the last foregoing subsection to appeal against the alteration nor, thereafter, whilst an appeal against the alteration is pending.

(4) In exercising the powers conferred upon them by subsection (1) and subsection (2) of this section respectively, a local authority [F6 and a magistrates’ court] [F6 , a magistrates' court and a residential property tribunal] shall have regard amongst other things to any standards which may have been specified by the Minister under subsection (6) of section five of this Act.

[F7 (5) The local authority shall consult the [F8 fire authority] [F8 fire and rescue authority] before exercising the powers conferred upon them by subsection (1) of this section in relation to a condition attached to a site licence for the purposes set out in section 5(1)(e) of this Act.]

[F9 (5A) Subsection (5) of this section does not apply where the Regulatory Reform (Fire Safety) Order 2005 applies to the land.]

Textual Amendments

F1 S. 8(1A) inserted (E.W.) (1.10.2006) by The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541), art. 1(3), Sch. 2 para. 5(3)(a) (with art. 49) (as amended by The Regulatory Reform (Fire Safety) Subordinate Provisions Order 2006 (S.I. 2006/484), arts. 1(1), 2)

F2 S. 8(1A) inserted (S.) (1.10.2006) by Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 1, sch. 1 para. 3(3)

F3 S. 8(1B) inserted (E.W.) (1.4.2014) by Mobile Homes Act 2013 (c. 14), ss. 1(4), 15(1)

F4 Words in s. 8(2) repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 109, Sch. 10; S.I. 2005/910, art. 3(y)

F5 Words in s. 8(2) substituted (E.W.) (1.4.2014) by Mobile Homes Act 2013 (c. 14), ss. 3(3)(a), 15(1)

F6 Words in s. 8(4) substituted (E.W.) (1.4.2014) by Mobile Homes Act 2013 (c. 14), ss. 3(3)(b), 15(1)

F7 S. 8(5) added (E.W.) by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 8(2)(c)

F8 Words in s. 8(5) substituted (E.W.) (1.10.2004 for E., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), para. 14(3)(b)s. 61, Sch. 1 para. 14(2); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F9 S. 8(5A) inserted (E.W.) (1.10.2006) by The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541), art. 1(3), Sch. 2 para. 5(3)(b) (with art. 49) (as amended by The Regulatory Reform (Fire Safety) Subordinate Provisions Order 2006 (S.I. 2006/484), arts. 1(1), 2)

Modifications etc. (not altering text)

C1 S. 8(1B) savings for effects of 2013 c. 14, s. 1(4) (E.) (1.4.2014) by The Mobile Homes Act 2013 (Commencement and Saving Provision) (England) Order 2014 (S.I. 2014/816), art. 4

C2 S. 8(2) savings for effects of 2013 c. 14, s. 3(3)(a) (E.) (1.4.2014) by The Mobile Homes Act 2013 (Commencement and Saving Provision) (England) Order 2014 (S.I. 2014/816), art. 5

C3 S. 8(4) savings for effects of 2013 c. 14, s. 3(3)(b) (E.) (1.4.2014) by The Mobile Homes Act 2013 (Commencement and Saving Provision) (England) Order 2014 (S.I. 2014/816), art. 5