[2024] UKUT 360 (LC)

Wilby Park is a residential caravan site and it is not in dispute that it cannot be operated without a licence issued by the local authority under the Caravan Sites and Control of Development Act 1960.

Section 3 of the 1960 Act makes provision for an application for a licence to be made to a local authority. Conditions may be attached to the licence (section 5), and usually are. Section 7 says this about conditions attached to a new licence:

“(1)

Any person aggrieved by any condition … subject to which a site licence has been issued to him in respect of any land may, within twenty-eight days of the date on which the licence was so issued, appeal to … [the FTT]; and the court or tribunal, if satisfied …that the condition is unduly burdensome, may vary or cancel the condition.”

Section 8 is about the alteration of conditions attached to an existing licence:

“(1)

The conditions attached to a site licence may be altered at any time … by the local authority, but before exercising their powers under this subsection the local authority shall afford to the holder of the licence an opportunity of making representations.

…

(2)

Where the holder of a site licence is aggrieved by any alteration of the conditions attached thereto or by the refusal of the local authority of an application by him for the alteration of those conditions, he may, within twenty-eight days of the date on which written notification of the alteration or refusal is received by him, appeal to [the FTT]and [the FTT] may, if they allow the appeal, give to the local authority such directions as may be necessary to give effect to their decision.”

So in either case, whether a licence holder wishes to appeal conditions attached to a new licence or to appeal the local authority’s refusal to vary conditions attached to an existing licence, there is an appeal to the FTT.

Section 10 of the 1960 Act makes provision for the transfer of a site licence from one person to another:

“(1)

When the holder of a site licence in respect of any land ceases to be the occupier of the land, he may, with the consent of the local authority in whose area the land is situated, transfer the licence to the person who then becomes the occupier of the land.

…

(2)

Where a local authority give their consent to the transfer of a site licence, they shall endorse on the licence the name of the person to whom it is to be transferred and the date agreed between the parties to the transfer as the date on which that person is, for the purposes of this Part of this Act, to be treated as having become the holder of the licence.”