Caravans Act (Northern Ireland) 2011

18—(1) When determining the amount of the new pitch fee particular regard shall be had to— N.I.

(a) any sums expended by the owner since the last review date on improvements—

(i) which are for the benefit of the occupiers of caravans on the protected site;

(ii) which were the subject of consultation in accordance with paragraph 22(e) and (f); and

(iii) to which a majority of the occupiers have not disagreed in writing or which, in the case of such disagreement, the court, on the application of the owner, has ordered should be taken into account when determining the amount of the new pitch fee;

(b) any decrease in the amenity of the protected site since the last review date; and

(c) the effect of any statutory provision which has come into operation since the last review date.

(2) When calculating what constitutes a majority of the occupiers for the purposes of sub-paragraph (1)(a)(iii) each caravan is to be taken to have only one occupier and, in the event of there being more than one occupier of a caravan, its occupier is to be taken to be the occupier whose name first appears on the agreement.

(3) In a case where the pitch fee has not been previously reviewed, references in this paragraph to the last review date are to be read as references to the date when the agreement commenced.