Caravan sites

It is a general requirement for caravan sites to be licensed by the local authority. Sites will also normally require planning permission and it would be advisable to make pre-planning enquiries with the Development Control Section on (023) 9258 4242 or by e-mailing planning@gosport.gov.uk.

The Caravan and Control of Development Act 1960 requires the Council to licence sites that have gained or are in the process of obtaining the required planning permission to operate as a recognised caravan, mobile home or park home site.

On 26 March 2013 the Government passed the Mobile Homes Act 2013 (MHA 2013) which is designed to give greater protection to occupiers of residential caravan and mobile homes on "relevant protected sites" or residential sites. From 26 May 2013 this legislation introduced changes to the sale/gifting of park homes and amendments to existing implied terms relating to the annual pitch fee review procedure on parks.

Site Rules - depositing with the Local Authority, and the Local Authority Register of Site Rules

The Mobile Homes (Site Rules) (England) Regulations 2014 prescribe the procedure for the making, variation and deletion of site rules on residential mobile home parks. Site Licence Holders must follow a set procedure for changes to be made to "site rules" for a permanent residential home site.

Once the rules have been agreed, they must be deposited with the local authority and we will publish them on our website. Please note that Gosport Borough Council does not have any enforcement powers to object to site rules and you should seek legal advice if you disagree with rules in place for your site. Advice on site rules can be obtained from Lease - www.parkhomes.lease-advice.org. Below are the site rules that have been deposited with Gosport Borough Council.

All Site Rules received by Gosport Borough Council are required to be published under Regulation 16 of the Mobile Homes (Site Rules) (England) Regulations 2014. The Site Rules that are published to the Register as required by the above Regulation are an exact copy as presented to Gosport Borough Council. The Council accepts no responsibility if there are errors or omissions regarding the site rules.

Within Gosport, we have 1 licensed caravan site, Kingfisher Caravan Park, Browndown Road, Gosport site rules were deposited with the council on 26th April 2002.

The Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020

About the Regulations

The Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020, applies to owners and licence holders of residential caravan sites. The purpose of the legislation is to improve the standards of park home site management, by introducing an assessment to ensure that the person responsible for managing the site is suitable and of good character, and as such does not pose a risk to the welfare or safety of persons occupying mobile homes on the site. The requirement for the person responsible for managing the site to be a fit and proper person is in addition to the requirement for a site to be licensed.

The fit and proper person requirement will make it an offence for a site licence holder to operate a park home site unless they, or their appointed manager, are a fit and proper person to do so. Under some circumstances we have the power to appoint a fit and proper person to manage the site, with the owner's consent.

Applications

You can apply for the fit and proper person test by downloading and completing the application form: F&P - GBC (PDF) [222KB]

Application Form

For existing sites, applications must be made in the period between 1 July 2021 and midnight on 30 September 2021.

Once this introductory period is complete, existing site owners must also apply again if the circumstances relating to the nominated fit and proper person change in relation to an existing caravan site; for example:

transfer of site licence
change in management of the site
removal of a person from the register by the local authority

In such cases, you will have 3 months to make a new application, so long as the change in circumstances has been notified to us within 28 days. Notify us or submit applications by Email to ehs@fareham.gov.uk. If we do not receive notification within this 28 day timescale, you must apply within this 28-day period.

Exempt sites

A site is exempt from the requirement for a fit and proper person if it is "a non-commercial family occupied site". This is a site only occupied by members of the same family and not being run on a commercial basis. See the GOV.UK - legislation website for more details.

What we will consider

To be sure that the relevant person is a fit and proper person to manage the site, and to add them to the register, we will consider:

the owner's past compliance with the site licence
the long term maintenance of the site
whether the person has a sufficient level of competence to manage a site
the management structure and funding arrangements for the site or proposed management structure and funding arrangements

We also consider whether the relevant person:

has the right to work within the UK
has committed any offence involving fraud or other dishonesty, violence, arson or drugs or listed in Schedule 3 to the Sexual Offences Act 2003 (offences attracting notification requirements)
has contravened any provision of the law relating to housing, caravan sites, mobile homes, public health, planning or environmental health or of landlord and tenant law
has contravened any provision of the Equality Act 2010 in, or in connection with, the carrying on of any business
has harassed any person in, or in connection with, the carrying on of any business
has had an application rejected by any other local authority
is or has been personally insolvent within the past 10 years
is or has been disqualified from acting as a company director within the last 10 years

We also may consider the conduct of any person associated or formerly associated with the relevant person (whether on a personal, work or other basis), if it appears that the person's conduct is relevant. We can also consider any evidence on any other relevant matters.

Contact us

For further information about caravan licensing and a fit and proper person, please contact us at GosportEHSupport@fareham.gov.uk or 01329 824399.