Caravan Sites and Control of Development Act 1960

3 Issue of site licences by local authorities. E+W+S

(1) An application for the issue of a site licence in respect of any land may be made by the occupier thereof to the local authority in whose area the land is situated.

(2) An application under this section shall be in writing and shall specify the land in respect of which the application is made; and the applicant shall, either at the time of making the application or subsequently, give to the local authority such [F1 other information as they may reasonably require]

[F2 (2A) A local authority in England may require a relevant protected site application in respect of land in their area to be accompanied by a fee fixed by the authority.]

(3) A local authority may on an application under this section issue a site licence in respect of the land if, and only if, the applicant is, at the time when the site licence is issued, entitled to the benefit of a permission for the use of the land as a caravan site granted under Part III of the Act of 1947 otherwise than by a development order.

(4) If at the date when the applicant duly gives the [F3 information required by virtue of] subsection (2) of this section he is entitled to the benefit of such a permission as aforesaid, [F4 the local authority shall] [F4 the local authority may (where they are in England and are considering whether to grant a relevant protected site application) or shall (in any other case)] issue a site licence in respect of the land within two months of that date or, if the applicant and the local authority agree in writing that the local authority shall be afforded a longer period within which to grant a site licence, within the period so agreed.

(5) If the applicant becomes entitled to the benefit of such a permission as aforesaid at some time after duly giving the [F3 information required by virtue of] subsection (2) of this section [F5 the local authority shall] [F5 the local authority may (where they are in England and are considering whether to grant a relevant protected site application) or shall (in any other case)] issue a site licence in respect of the land within six weeks of the date on which he becomes so entitled or, if the applicant and the local authority agree in writing that the local authority shall be afforded a longer period within which to grant a site licence, within the period so agreed.

[F6 (5A) The Secretary of State may by regulations require a local authority in England to have regard to the prescribed matters when deciding whether to issue a site licence under subsection (4) or (5) on a relevant protected site application in respect of land in their area.

(5B) The regulations may require a local authority in England, where they decide not to issue such a site licence under subsection (4) or (5), to notify the applicant of the reasons for the decision and of such right of appeal as may be conferred by virtue of subsection (5C).

(5C) The regulations may—

(a) confer on an applicant under this section a right of appeal to [F7 the tribunal] against a decision of a local authority in England not to issue a site licence as mentioned in subsection (5B);

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

(5D) Regulations under this section—

(a) may make incidental, supplementary, consequential, saving or transitional provision;

(b) may make provision which applies generally (whether or not subject to exceptions) or in relation only to specified cases or descriptions of case;

(c) may make different provision for different cases or descriptions of case (including different provision for different areas).

(5E) Regulations under this section must be made by statutory instrument.

(5F) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.]

(6) Notwithstanding anything in the foregoing provisions of this section, a local authority shall not at any time issue a site licence to a person who to their knowledge has held a site licence which has been revoked in pursuance of the provisions of this Part of this Act less than three years before that time.

[F8 (7) In this Part, “relevant protected site application” means, subject to subsection (8), an application for a site licence authorising the use of land as a caravan site other than an application for a licence—

(a) to be expressed to be granted for holiday use only, or

(b) to be otherwise so expressed or subject to such conditions that there will be times of the year when no caravan may be stationed on the land for human habitation;

whether or not because the relevant planning permission under Part 3 of the Town and Country Planning Act 1990 is so expressed or subject to such conditions.

(8) For the purpose of determining whether an application for a site licence is a relevant protected site application, any part of the application which is for the licence to permit the stationing of a caravan on the land for human habitation all year round is to be ignored if, were the application to be granted, the caravan would be so authorised to be occupied by—

(a) the occupier, or

(b) a person employed by the occupier but who does not occupy the caravan under an agreement to which the Mobile Homes Act 1983 applies (see section 1(1) of that Act).]

Textual Amendments

F1 Words substituted by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 1(3), Sch. 3 para. 10(1)

F2 S. 3(2A) inserted (E.W.) (1.4.2014) by Mobile Homes Act 2013 (c. 14), ss. 1(2)(a), 15(1)

F3 Words substituted by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 1(3), Sch. 3 para. 10(2)

F4 Words in s. 3(4) substituted (E.W.) (1.4.2014) by Mobile Homes Act 2013 (c. 14), ss. 2(1), 15(1)

F5 Words in s. 3(5) substituted (E.W.) (1.4.2014) by Mobile Homes Act 2013 (c. 14), ss. 2(1), 15(1)

F6 S. 3(5A)-(5F) inserted (E.W.) (1.4.2014) by Mobile Homes Act 2013 (c. 14), ss. 2(2), 15(1)

F7 Words in s. 3(5C)(a) substituted (18.7.2014) by The Transfer of Tribunal Functions (Mobile Homes Act 2013 and Miscellaneous Amendments) Order 2014 (S.I. 2014/1900), art. 1, Sch. 1 para. 2

F8 S. 3(7)(8) inserted (E.W.) (1.4.2014) by Mobile Homes Act 2013 (c. 14), ss. 1(2)(b), 15(1)

Modifications etc. (not altering text)

C1 S. 3(3) modified (E.W.) (25.11.1991 for certain purposes) by Town and Country Planning Act 1990 (c.8, SIF 123:1), s. 191(7)(a) (as substituted (25.11.1991 for certain purposes) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 10(1) (with s. 84(5)); S.I. 1991/2728, art. 2

S. 3(3) modified (S.) (25.9.1992) by Town and Country Planning (Scotland) Act 1972 (c. 52, SIF 123:2), s. 90(7)(a) (as substituted by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 42(1) (with s. 84(5)); S.I 1992/1937 art. 4)

C2 S. 3(3) extended (S.) (27.5.1997) by 1997 c. 8, ss. 150(7)(a), 278(2)

S. 3(3): functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table B1

C3 S. 3(4) savings for effects of 2013 c. 14, s. 2(1) (E.) (1.4.2014) by The Mobile Homes Act 2013 (Commencement and Saving Provision) (England) Order 2014 (S.I. 2014/816), art. 4

C4 S. 3(5) savings for effects of 2013 c. 14, s. 2(1) (E.) (1.4.2014) by The Mobile Homes Act 2013 (Commencement and Saving Provision) (England) Order 2014 (S.I. 2014/816), art. 4

C5 S. 3(5A)-(5F) savings for effects of 2013 c. 14, s. 2(2) (E.) (1.4.2014) by The Mobile Homes Act 2013 (Commencement and Saving Provision) (England) Order 2014 (S.I. 2014/816), art. 4