CA-2025-000342 - [2025] EWCA Civ 1442

Section 1(1) imposes a requirement for an occupier of land to obtain a caravan site licence for the use of land as a caravan site:

“(1)

Subject to the provisions of this Part of this Act, no occupier of land shall after the commencement of this Act cause or permit any part of the land to be used as a caravan site unless he is the holder of a site licence (that is to say, a licence under this Part of this Act authorising the use of land as a caravan site) for the time being in force as respects the land so used.”

Section 1(4) defines a “caravan site”:

“(4)

In this Part of this Act the expression “caravan site” means land on which a caravan is stationed for the purposes of human habitation and land which is used in conjunction with land on which a caravan is so stationed.”

Section 3, dealing with the grant of a site licence, provides so far as is material:

“(1)

An application for the issue of a site licence in respect of any land may be made by the occupier thereof to the local authority in whose area the land is situated.

(2)

An application under this section shall be in writing and shall specify the land in respect of which the application is made; and the applicant shall, either at the time of making the application or subsequently, give to the local authority such other information as they may reasonably require.

(2A) …

(3)

A local authority may on an application under this section issue a site licence in respect of the land if, and only if, the applicant is, at the time when the site licence is issued, entitled to the benefit of a permission for the use of the land as a caravan site granted under Part III of the Act of 1947 otherwise than by a development order.”

Section 3(3) is important to the determination of this appeal. It provides that a site licence may not be granted unless the applicant is entitled to rely on an express grant of planning permission for the use of the land as a caravan site, but not a permitted development right such as one granted by the GPDO 2015.

Section 3(4) distinguishes between cases where the local authority must grant a site licence as opposed to those where it has a discretion whether or not to do so. Mr. Harwood KC, on behalf of the appellant, said that this was a case where the Council had a discretion as to whether to grant a site licence.

Section 4 provides that where planning permission has been granted for the use of land as a caravan site for a limited period of time, any site licence granted must expire on the same date. Otherwise, the site licence must not be subject to any time limit.

Section 5 deals with the power of a local authority to attach conditions to a site licence. The key provision is s.5(1):

“(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.”

When deciding what conditions should be imposed, s.5(6) obliges a local authority to have regard to any model standards specified by the Minister:

“(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.”

In addition, the local authority must consult the fire and rescue authority as to what conditions relating to fire precautions would be appropriate for the site (see s.5(3A) to (3C) and (7)).

In England a person aggrieved by the conditions imposed on a site licence may appeal to the FTT under s.7. If the Tribunal is satisfied that a condition is unduly burdensome, having regard inter alia to any model standards issued under s.5(6), they may vary or cancel it s.7(1)).