Caravan Sites and Control of Development Act 1960

5 Power of local authority to attach conditions to site licences. E+W+S

(1) A site licence issued by a local authority in respect of any land may be so issued subject to such conditions as the authority 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, or the total number of caravans which are so stationed at any one time;

(b) for controlling (whether by reference to their size, the state of their repair or, subject to the provisions of subsection (2) of this section, any other feature) the types of caravan which are stationed on the land;

(c) 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;

(d) for securing the taking of any steps for preserving or enhancing the amenity of the land, including the planting and replanting thereof with trees and bushes;

(e) 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;

(f) 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) No condition shall 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.

[F1 (2A) Where the Regulatory Reform (Fire Safety) Order 2005 applies to the land, no condition is to be attached to a site licence 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 (2A) Where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies to the land, no condition shall be attached to a site licence which relates to any matter in relation to which requirements or prohibitions are or could be imposed by virtue of that Part.]

(3) 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 place.

[F3 (3A) The local authority shall consult the [F4 fire authority] [F4 fire and rescue authority] as to the extent to which any model standards relating to fire precautions which have been specified under subsection (6) of this section are appropriate to the land.

(3B) If—

(a) no such standards have been specified; or

(b) any standard that has been specified appears to the [F5 fire authority] [F5 fire and rescue authority] to be inappropriate to the land,

the local authority shall consult the [F5 fire authority] [F5 fire and rescue authority] as to what conditions relating to fire precautions ought to be attached to the site licence instead.]

[F6 (3C) Subsections (3A) and (3B) of this section do not apply where the Regulatory Reform (Fire Safety) Order 2005 applies to the land.]

(4) 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 local authority 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 authority within a stated period.

(5) 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.

(6) The Minister may from time to time specify for the purposes of this section model standards with respect to 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 local authority shall have regard to any standards so specified.

[F7 (6A) No model standards may be specified under subsection (6) of this section in relation to land to which the Regulatory Reform (Fire Safety) Order 2005 applies in so far as the standards relate to any matter in relation to which requirements or prohibitions are or could be imposed by or under that Order.]

[F8 (6A) No model standards may be specified under subsection (6) as respects land in relation to which Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies if the standards relate to any matter in relation to which requirements or prohibitions are or could be imposed by virtue of that Part.]

[F9 (7) The duty imposed on a local authority by subsection (6) of this section to have regard to standards specified under that subsection is to be construed, as regards standards relating to fire precautions which are so specified, as a duty to have regard to them subject to any advice given by the [F10 fire authority] [F10 fire and rescue authority] under subsection (3A) or (3B) of this section.

(8) In this section “fire precautions” means precautions to be taken for any of the purposes specified in paragraph (e) of subsection (1) of this section for which conditions may be imposed by virtue of [F11 that subsection] [F11 this section].]

Textual Amendments

F1 S. 5(2A) 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(2)(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. 5(2A) 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(2)(a)

F3 S. 5(3A)(3B) inserted (E.W.) by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 8(2)(a)

F4 Words in s. 5(3A) 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)(a)s. 61, Sch. 1 para. 14(2); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F5 Words in s. 5(3B) 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)(a)s. 61, Sch. 1 para. 14(2); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F6 S. 5(3C) 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(2)(b) (with art. 49) (as amended by The Regulatory Reform (Fire Safety) Subordinate Provisions Order 2006 (S.I. 2006/484), arts. 1(1), 2)

F7 S. 5(6A) 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(2)(c) (with art. 49) (as amended by The Regulatory Reform (Fire Safety) Subordinate Provisions Order 2006 (S.I. 2006/484), arts. 1(1), 2)

F8 S. 5(6A) 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(2)(b)

F9 S. 5(7)(8) added (E.W.) by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 8(2)(b)

F10 Words in s. 5(7) 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)(a)s. 61, Sch. 1 para. 14(2); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F11 Words in s. 5(8) substituted (E.W.) (1.10.2006) by The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541), art. 1(3), Sch. 2 para. 5(2)(d) (with art. 49) (as amended by The Regulatory Reform (Fire Safety) Subordinate Provisions Order 2006 (S.I. 2006/484), arts. 1(1), 2)