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Caravans Act (Northern Ireland) 1963

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5Power of district council to attach conditions to site licences.N.I.

(1)A site licence issued by a [F1 district council] in respect of any land may be so issued subject to such conditions as the [F1 council] may think it necessary or desirable to impose on the occupier of the land in the interests of persons dwelling thereon in caravans, or of any other class of persons, or of the public at large; and in particular, but without prejudice to the generality of the foregoing, a site licence may be issued subject to conditions—

(a)for restricting the occasions on which caravans are stationed on the land for the purposes of human habitation, whether by reference to any date or dates or by limiting the period or periods for which caravans may be so stationed in successive periods of one year or by a combination of both those methods;

(b)for restricting the total number of caravans which are stationed on the land for the purposes of human habitation at any one time;

(c)for controlling (whether by reference to their size, the state of their repair or, subject to sub-section (2), any other feature) the types of caravan on the land;

(d)for regulating the positions in which caravans are stationed on the land for the purposes of human habitation and for prohibiting, restricting, or otherwise regulating, the placing or erection on the land, at any time when caravans are so stationed, of structures and vehicles of any description whatsoever and of tents;

(e)for preserving or enhancing the amenity of the land, including the planting and replanting thereof with trees and bushes;

(f)for securing that, at all times when caravans are stationed on the land, proper measures are taken for preventing and detecting the outbreak of fire and adequate means of fighting fire are provided and maintained;

(g)for securing that adequate sanitary facilities, and such other facilities, services or equipment as may be specified, are provided for the use of persons dwelling on the land in caravans and that, at all times when caravans are stationed thereon for the purposes of human habitation, any facilities and equipment so provided are properly maintained.

(2)A condition shall not be attached to a site licence controlling the types of caravans which are stationed on the land by reference to the materials used in their construction.

(3)A condition may be attached, under sub-section (1) to a site licence issued in respect of any land, corresponding to any condition (in whatever words expressed) for the time being in force[F2 subject to which planning permission has been granted under [F3the Planning Act] for the use of that land as a caravan site.]

(4)A site licence issued in respect of any land shall, unless it is issued subject to a condition restricting to three or less the total number of caravans which may be stationed on the land at any one time, contain an express condition that, at all times when caravans are stationed on the land for the purposes of human habitation, a copy of the licence as for the time being in force shall be displayed on the land in some conspicuous position.

(5)A condition attached to a site licence may, if it requires the carrying out of any works on the land in respect of which the licence is issued, prohibit or restrict the bringing of caravans on to the land for the purposes of human habitation until such time as the [F1 district council] have certified in writing that the works have been completed to their satisfaction; and where the land to which the site licence relates is at the time in use as a caravan site, the condition may, whether or not it contains any such prohibition or restriction as aforesaid, require the works to be completed to the satisfaction of the [F1 council] within a stated period.

(6)For the avoidance of doubt, it is hereby declared that a condition attached to a site licence shall be valid notwithstanding that it can be complied with only by the carrying out of works which the holder of the site licence is not entitled to carry out as of right.

(7)The Ministry may from time to time specify for the purposes of this section model conditions regulating the layout of, and the provision of facilities, services and equipment for, caravan sites or particular types of caravan site; and in deciding what, if any, conditions to attach to a site licence, a [F1 district council] shall have regard to any model conditions so specified.

F1SRO (NI) 1973/285

F3Words in s. 5(3) substituted (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 3 (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2 (as amended (16.3.2016) by S.R. 2016/159, art. 2))

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