Government consultation on site rules
Date added: 16/9/13
The Government has published its summary of proposals and discussion paper on site rules.
Responses should be sent by Friday 11 October 2013, by email to [email protected] or by post to Park Homes Policy, 1/DI Eland House, Bressenden Place, London SW1E 5DU.
The Government’s proposals
- All existing rules which have not already been banned will cease to be enforceable within a year of the site rules regulations coming into force in autumn 2013.
- If a site owner wants the site to retain rules they must make replacement rules by autumn 2014.
- Any new rules that are made must not concern matters that are banned, must not discriminate against any group of person or give the site owner discretion as to how they are applied.
- To make new rules, a site owner will be required to publish a consultation paper which will set out the proposed new rules and the effect the adopted rules will have on the site.
- The minimum period of consultation will be 28 days. The site owner must then consider and take account of written representations received, before deciding which rules shall apply.
- The process by which rules are agreed must be transparent, which is why the site owner must publish the outcome of the consultation so that it is open to scrutiny and challenge.
- Residents will have a right to apply to a tribunal within 21 days of the publication of the outcome of the consultation, if there is evidence that there has been irregularity in making the proposed rules.
- An important feature of the scheme is for the new rules to be deposited with the local authority. Rules that are accepted for deposit will be regarded as having been validly made can be relied upon to check someone’s eligibility to live on a site.
- The replacement rules will also be enforceable and binding on the site owner, residents and will become part of the pitch agreement.
- Local authorities will, therefore, need to satisfy themselves that replacement or new rules deposited with them have been made in accordance with the statutory procedure.
The local authority will also be able to charge a reasonable fee for the deposit and must publish the rules on its website.