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Question from: County Councillor Jonathan Wilkinson Subject: Holiday Parks in Powys
Question:
Last night’s BBC Panorama programme (11/3/24) highlighted the problem of some holiday park owners flouting regulations by allowing the permanent (residential) occupation of mobile homes/lodges on their premises. There was evidence of mis-selling by park owners causing considerable distress to those who had purchased these homes, and intimidation by park owners to those who dared to speak out.
Can the Portfolio Holder please give me reassurance that we have no holiday parks in Powys allowing residential use in contravention of their site licence.
Could I also be provided with confirmation that holiday parks in Powys are regularly monitored to ensure that regulations relating to occupancy are not flouted. I would also like information about the number of holiday parks in Powys where the enforcement of their site licence has been required (if any), and also how cases where a contravention is found would be dealt with.
Minutes: Response by the Cabinet Member:
Thank you for your question about Holiday Parks in Powys. I have watched the Panorama programme you refer to and I share your concerns over the issues it raises.
The programme highlights circumstances, not in Powys, in which people are mis-sold spaces on holiday parks based on false information about the licensing or planning conditions for the park. People with limited resources may be bought into the idea of a dream home in an idyllic setting based upon false information, and you are right to highlighting that issue by your question.
I urge anyone considering acquiring a plot on a holiday park to carefully check the terms of the planning consent and licensing consent for that park before they make a final decision. The council will use what powers it has through licensing, trading standards and planning to deal with situations where people have been mis-sold plots and proper conditions are not being adhered to, but it is much easier for people to protect themselves by carefully checking the terms, and the reputation of the landlord, before entering into a contract.
It is appalling to hear of how some, often elderly, people have been treated by the poor practices and bullying behaviour by some unscrupulous landlords.
To answer your questions specifically.
Allowing residential use isn’t a contravention of the site licence conditions. Occupancy periods/terms of sites aren’t covered by the caravan site licence conditions , they are more specifically covered by planning permissions and Licence Agreements between site owner and caravan owner, and whilst some visits to sites are made by licensing officers to check on compliance with conditions the licensing team are not in a position to give assurances that we have no holiday parks in Powys allowing residential use.
Licensing officers do carry out inspections of sites on a risk assessed basis with inspections occurring approximately every 2 to 5 years and whilst the occupancy isn’t a matter for the site licence officers have and do advise site owners on this matter from time to time. Such advice includes advising Site Owners to obtain evidence from caravan owners to show they are not using their caravan as their main / primary residence (e.g. By providing a Council tax statement from their main residence where they primarily reside)
Enforcement of the site licence for occupancy is not applicable, officers do carry out enforcement in relation to other non-compliances with conditions such as safety matters and matters relating to breaches of Site Licence Conditions etc. We are aware of one site where there were issues around mis-selling which the Licensing team involved Trading Standards in as it was a misrepresentation matter as opposed to a matter covered by the site licence.
Where issue do arise we would need to consider it collectively between Licensing, Planning and Trading Standards to understand fully what if any contraventions there are of Local Authority enforced legislation. In some circumstances it may well be a private matter around the contractual ... view the full minutes text for item 1. |