Licensing Committee, 17th September 2015.

Overview.

• To update the Committee with regard to the Tribunal process concerning the land

owners’ appeal against the revised Caravan Site Licence issued by the Council on 3rd

June 2105.

• To set out the land owners’ main grounds of appeal.

• To consider how the Council should proceed in response to the appeal having regard to

confidential Advice received from Counsel.

• An update on issues raised at the last meeting of this committee on 3rd August.

Licensing Committee - 17th September 2015

2010 Site Licence

On 1st March 2010 the first site licence was granted to CV/ 02/10, subject to these key conditions-

• No caravan shall be brought on to the site until the Council have certified that works required to

comply with the conditions of the site licence, have been completed to their satisfaction.

• Only genuine mobile caravans of approved design, in good repair and full mechanical order

permitted. All other types of moveable dwellings are specifically prohibited .

• The maximum number of caravans at any one time shall not exceed forty five (45 )

• The caravans only to be stationed on sites to be agreed between the Licensee and the Council.

• Every caravan shall not be less than 6 metres from any other unit in separate family occupation.

• Provision made for foul drainage either by connection to a public sewer or by discharge to a properly

constructed septic tank or cesspool.

2010 Site Licence (continued)

• Requirements for a communal toilet block and refuse receptacles.

• The site shall only be used for caravans and tents from 1st February to the 31st December in each

year. The site shall be completely cleared of all caravans, tents and structures of a temporary nature

for January in each year.

• No caravan or tent shall be permitted to remain on the site for more than twenty-one consecutive • No caravan or tent shall be permitted to remain on the site for more than twenty-one consecutive

nights.

• The holder(s) for the time being of this site licence shall maintain a register of the users

of each pitch on the site.

• Some works commenced on site in 2010 but between 2010 and 2015 the site remained unoccupied.

The then owner was ill and was unable to progress any plans that he may have had for the site.

2010 Site Licence Plan

Recent events

• The current owners applied for the 2010 site licence to be changed to their name and this was

issued by the Council on 10th February 2015 with the same conditions as previously.

• In April 2015 ground works commenced on site that included some development which went beyond

was considered to be required by the caravan site licence. (Works required by a site licence are

“permitted development” and do not require a planning application).

• The Council, in exercise of its planning powers, served a Temporary Stop Notice on 6th May 2015

requiring various ground works on the site to cease, including the laying of the hard bases for

caravans, works for the supply of services and works to an earth bund along the River Nailbourne.

• During the 28 days that the Stop Notice was in effect, officers followed legal advice and discussed

with the owners measures to minimise the impact of the caravan park on the local landscape.

• The Council also used this 28 day period to consult with the Environment Agency and the local water

authority regarding flooding, drainage, ecology and the position of water main on the site.

• On the 3rd June 2015 the Council issued a revised site licence as allowed for under section 5 and 8

of the Caravan Sites and Control of Development Act 1960.

Revised Site Licence 2015

.

Requirements of 2015 Site Licence.

• The re-siting of the toilet block to a more appropriate location away from the centre of the site. This

has now been achieved as the toilet block is under construction at a location close to the north-east

boundary of the site near the site entrance. An associated small office building acting as a

reception and for administering the site will be constructed next to it.

• Restriction of a visitor occupying a pitch for more than 21 consecutive and no caravan, tent or

individual is permitted to occupy the site for more than 42 days in any one calendar year. The site

owner considers these clauses to be unlawful and unreasonable and this is a central feature of

their appeal to the Tribunal.

• The existing hardcore pitches to be removed and the pitches and field to be reinstated with topsoil

and grass. This objective has been achieved.

• Five all weather caravan pitches using a cellular product planted with grass seed. The site owners’

appeal seeks to increase the number of all weather pitches beyond the five that the current licence

allows and it is not currently specified in the appeal what surface material would be used or how

many of the pitches would be all weather.

Requirements of 2015 Site Licence (Continued).

• Additional planting and landscaping and control of external materials for toilet block. The land owner

is contesting the requirement to carry out new planting on grounds of expense and that it should not

be a requirement of a caravan site licence. A pitched roof with suitable traditional tiles has been

agreed with the site owners and the building is under construction.

• A cesspool not a septic tank. This is a requirement under the Building Regulations and is not a

matter for the Tribunal.

• All works and the use of the site shall be confined to the site area on the licence plan (which should

be the same as the certificate of lawful development). The appeal does not seek to return the site to

the larger area shown on the previous licences and all works and uses are confined to this reduced the larger area shown on the previous licences and all works and uses are confined to this reduced

site.

• Condition 35 of the Site Licence says that the site shall only be used for caravans and tents from 1st

February to the 31st December in each year. The site shall be completely cleared of all caravans,

tents, and structures of a temporary nature by 1st January in each year. The land owners’ are not

appealing the 11 month restriction but in their very latest documents relating to the appeal they

are proposing to delete the reference to the site being completely cleared of all caravans, tents and

structures of a temporary nature by 1st January in each year.

The Tribunal

• The appeal against the Council’s Site licence issued on 3rd June 2015 is being heard in the First

Tier Tribunal Property Chamber on Monday 23rd November 2015.

• The Judge has issued directions that requires the following timetable to be met.

• The land owners’ legal team submitted their case by the required 3rd September deadline.

• The Council has to submit its response by 2nd October 2015.

• The land owners’ legal team can make a brief supplementary reply no later than 16th October.

• Evidence in court is likely to include documents, witness statements and reference to case law and

precedent. Witnesses will be cross examined in court.

• The land owners’ solicitor has expressed a willingness to see if agreement can be reached thus

both sides avoiding the time and expense of attending court.

• The land owner has said that their main concerns are the 21 and 42 day conditions as well as the

restriction on the number of all weather pitches, although other drafting changes to the licence are

also proposed.

Summary

• The site is in a sensitive position in the North Downs Area of Natural Beauty and it is recognised

that particular care is needed to safeguard the special character of the local landscape.

• The legal team acting on behalf of the owners contends that the revised licence contains more

detailed conditions and restrictions than are normally imposed on a caravan site licence and has

appealed accordingly. The matter will be considered by a Tribunal on the 23rd November.

• After the initial problems on the site with the laying of caravan site bases, the owner has worked

closely with officers to remedy that breach of planning control and to agree other details on site.

• If unauthorised development or an unauthorised use commences which requires planning

permission that would not be granted, then the Council has a range of enforcement options at its

disposal.

• The site owners solicitor has expressed an interest in reaching agreement with the Council so as to

avoid an expensive and time consuming court case but it is clear that that their main concerns are

the 21 and 42 day restrictions and the number of all weather pitches.

• Committee members have their own confidential legal advice from Counsel that they need to

consider in deciding how to proceed.

Photograph taken on 16th April 2015

Photograph taken on 1st May 2015

Photograph taken on 31st July 2015

Photo of toilet block under construction taken on 14th

September 2015