Park Home Residents: Legal Protection

Christopher Chope Excerpts

Tuesday 1st October 2019 Westminster Hall

[Sir Christopher Chope (in the Chair)]

Order. In the absence of the Member we hoped would be chairing the sitting, it falls to me as the only member of the Speaker’s Panel present to take the Chair and to invite Sir Peter Bottomley to move the motion on my behalf.

[Sir Greg Knight (East Yorkshire) (Con)]

On a point of order, Sir Christopher. In view of the fact that the debate is starting just over two minutes late, are you, as the Chair, prepared to give yourself injury time?

[Sir Christopher Chope (in the Chair)]

I am advised that it is in order to give injury time for time missed.

[Sir Peter Bottomley (Worthing West) (Con)]

I beg to move,

That this House has considered legal protection for residents of park homes.

Thank you for starting the debate, Sir Christopher. I hope I will soon be able to resume my place and that you—you were originally going to move the motion—will be able to pick up and give the speech the House is looking forward to.

May I first pay tribute to you, Sir Christopher, for leading the all-party group on park homes? This is one of those areas where, for far too long, there was too little publicity and too little Government action.

I pay tribute to the Ministry of Housing, Communities and Local Government, which looks after park homes, for the way it has picked up the initiative by Nat Slade, an officer in Arun District Council, and his colleagues, who have worked with the Ministry to get the Government to come forward with measures to deal with some of the appalling abuses. If I were a tougher Member of Parliament, I would name some of the rogues and crooks—some have left the park home business, but others continue. My belief is that, with publicity, they will be shamed into stopping the exploitation of some of the most vulnerable people in our communities.

Few people choose to live in a park home as their permanent residence if they have better options, but the fact is that many do not. Too often, people have taken on a home that is, in theory, licensed only for holiday use, but everyone, including the freeholder and owner and the operator, knows that they are there to make permanent use of it. If, by chance, the operator manages to get the licence changed to permanent, the innocent park home owners and residents are then told to pay a fortune to convert what was, in effect, a permanent residence into another permanent residence.

[Mr Philip Hollobone in the Chair]

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[Sir Christopher Chope (Christchurch) (Con)]

It is a great pleasure to serve under your chairmanship, Mr Hollobone. I hope that in due course you will be correctly described on the nameplate that currently refers to the missing chairman.

I thank my hon. Friend the Member for Worthing West (Sir Peter Bottomley) for moving the motion and ensuring that we got under way as quickly as possible, and I thank you, Mr Hollobone, for coming along at very short notice to fill the vacancy.

I welcome our new Minister. When he looks back at his career many years hence he will recall that his first debate was one with procedural irregularities that, with a bit of help from the Clerk, had to be overlooked.

When this debate was selected, I had the privilege of being able to speak to the Housing Minister, my right hon. Friend the Member for Tatton (Ms McVey), who told me that she would have liked to be able to respond to the debate because the subject is close to her heart. She is, however, in Manchester doing a lot of other debates, but she said that in her absence her new junior Minister would be well briefed and able to respond, and she offered to meet me to discuss my concerns and said that she would attend an early meeting of the all-party group to discuss our concerns.

Sixty years ago, in 1959, Sir Arton Wilson produced a report for the Government that found that the legislation applying to people living in caravans was both unclear and insufficient. The Government’s response was quick, enacting the Caravan Sites and Control of Development Act 1960. The Act stipulates that occupiers of land must acquire a licence from the local council before using the land as a caravan site. The Act defines a caravan site as,

“land on which a caravan is stationed for the purposes of human habitation and land which is used in conjunction”

therewith. Section 29 defines “caravan” as including,

“any structure designed or adapted for human habitation which is capable of being moved from one place to another”.

Over the years the term “caravan” in relation to permanent residential accommodation has been replaced by the expression “park home”. In law and practice, however, park homes—and mobile homes—are caravans. They are chattels rather than real estate. Section 1(1) of the 1960 Act provides that

“no occupier of land shall...cause or permit any part of the land to be used as a caravan site unless he is the holder of a site licence”.

Section 1(2) provides that any occupier of land who

“contravenes subsection (1)...shall be guilty of an offence”.

Section 3(3) provides that a local authority may issue a site licence 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 1947 Act.

Local councils have the power to refuse, revoke or impose limitations on a site licence if it is deemed necessary. The conditions that can be attached to such licences are set out in legislation. The most recent addition was the Mobile Homes Act 2013, a private Member’s Bill facilitated by my right hon. Friend the Member for Welwyn Hatfield (Grant Shapps) when he was Housing Minster, which was brought before the House and ably carried through to enactment by my hon. Friend the Member for Waveney (Peter Aldous), whom I am delighted to see in his place today. He used his place in the ballot to ensure that such an important issue would be the subject of private Members’ legislation in the absence of parliamentary time for Government legislation.

The 2013 Act contained a power for the Government to introduce a fit and proper person test for anyone applying for a site licence. That provision has been the subject of a recent public consultation, to which I am sure my hon. Friend will refer in closing. There has therefore been extensive and growing regulation of those who own or operate sites for residential park homes, but none of the legal protections afforded to residents of such homes by the 1960 Act and subsequent Acts applies if the site on which the park home or caravan is situated is unlicensed. The main purpose of this debate is to raise public awareness of that issue, and to highlight the failure of local authorities to enforce the requirement for site licences.

The unwillingness of local authorities to protect vulnerable residents is leading to a proliferation of unlicensed sites on which residents are at the mercy of unscrupulous site owners. The problem has become even more widespread because of recent controversial planning decisions that have enabled many caravan parks that were previously used and licensed only for touring and for non-residential purposes to be reclassified as year-round fully residential sites.

One such decision is that of 15 February 2018 in respect of two appeals against the refusal of Christchurch and East Dorset Councils to grant a certificate of lawful existing use for the permanent residential use of 45 caravans on land on the north side of Matchams Drive. At the time of the appeal, the site was subject to a licence granted to the Bournemouth and District Outdoor Club for use by touring caravans, but following the appeal decision the site is being developed and used for the siting of permanent residential caravans, despite no variation of the original site licence having been granted and without any transfer of that licence to the new owners.

Paragraph 49 of the appeal decision in respect of Matchams Drive, which is now being renamed Silver Mists, referred to the fact that the site licence conditions would protect infrastructure with respect to issues such as hard standing and drainage. The inspector said that the council retained control

“by virtue of the manner in which the licence is framed. This might include the need for planning permission for certain works, as set out in the licence”.

He went on to say, in paragraph 58:

“Trees on the site are the subject to a Tree Preservation Order…and that would apply irrespective of the outcome of this appeal.”

In paragraph 45, he stated:

“The site is secluded with a perimeter fence and gates. When entering the site it is surrounded by mature planting. There is nothing in the LDC application that would lead to a finding that this would change.”

If you visited that site today, Mr Hollobone, you would see that it is more like a moonscape—devoid of vegetation, with monumental earthworks having taken place and most of the trees and vegetation having been removed, despite the site being in a protected heathland habitat. These issues should have been controlled by the local authority through the site licence process, but there has been a reckless failure to take action. One of the park homes that is currently being advertised on that site is 50 feet by 20 feet, with two bedrooms and two bathrooms, and priced at £379,950, but it does not say anywhere that it is on an unlicensed site.

Silver Mists is within 400 metres of protected heathland. Under the severe restrictions in the habitats directive it would never have been given planning permission as an ordinary residential development, but there will now be 45 new permanent dwellings on the site, making a mockery of the protections that Natural England seeks to enforce on environmental grounds. Paragraph 3.4 of the supplementary planning document, “The Dorset Heathlands Planning Framework 2015-2020”, states that

“caravan and touring holiday accommodation”

is

“likely to have the same effect”

on the heathland as residential development. That is not the opinion of Natural England, but that organisation seems unable to enforce its own rules against caravan sites, even though it imposes the same rules with total inflexibility and rigour on any new proposed residential development, however small.

Although the issues relating to Silver Mists are matters for the new unitary Dorset Council, the largest number of unlicensed sites in my constituency are in the new Bournemouth, Christchurch and Poole unitary authority area. The property section of the current edition of the Christchurch Times, a popular weekly newspaper, contains two full pages of advertising that promotes park homes provided by RoyaleLife. These include New Forest Glades in Matchams Lane and New Forest Glen, currently known as Tall Trees, in Matchams Lane. Despite their names, both sites are well outside the New Forest. What is more serious, however, is the description of the homes, which are offered for sale as “single storey” and coming from “the UK’s largest bungalow provider”. They are not bungalows. The “Collins English Dictionary” defines a bungalow as

“a one storey house, sometimes with an attic”.

It also quotes the origin as coming from the 17th century Hindi word “bangla”, meaning a house of the Bengal type. To describe a caravan as a bungalow must surely be a breach of advertising standards.

The promotional material omits any reference to the fact that the homes are caravans or park homes—and, therefore, chattels rather than interests in land. It highlights one of the consequences flowing from such status—the exemption from stamp duty—but fails to mention liability for 10% to be paid on resale. Furthermore, it does not refer to the fact that, as caravan sites, they have to be licensed under the 1960 Act, but are not.

New Forest Glades, formerly known as Port View Caravan Park, benefits in planning terms from a certificate of lawfulness permitting the siting of caravans for residential use on the land identified in that certificate. An application has been submitted to Bournemouth, Christchurch and Poole Council for a caravan site licence, but the land identified in the application is not co-extensive with the land identified on the approved plan. When I first complained to the council I was told that the applicant had not even paid the required fee for the application. The council is advising the applicants that unless their current application is amended it will be refused. New Forest Glades is, therefore, being heavily marketed as a site for expensive new luxury bungalows, some of which are, I believe, already occupied. The caravans are not bungalows and do not even enjoy the benefit of a site licence, and gullible members of the public are being seduced by sharp marketing and misleading advertising into buying homes that are no more than chattels on unlicensed and therefore illegal sites.

[Scott Mann (North Cornwall) (Con)]

My hon. Friend highlights some of the poorer practice in the industry, but to shine some light on the situation I would like to highlight some of the better practices. I had an email from Mother Ivey’s Bay Holiday Park yesterday, telling me that it champions the real living wage on its park homes, gifts 1% of its hire fleet to families in need through the Family Holiday Association, and never permits residential occupation of its holiday parks. Is there a lot we can learn from holiday parks such as Mother Ivey’s Bay, which are industry exemplars?

[Sir Christopher Chope]

My hon. Friend makes an important point. We can learn a lot from them and the best way to encourage them is to take strong action against rogue traders. I shall come on to those points later.

[Sir Greg Knight]

Does my hon. Friend agree that those who seek to occupy a park home need the best possible advice, and some information about the law in the area, and will he join me in congratulating Age UK on preparing a wonderful factsheet—factsheet 71— explaining that law?

[Sir Christopher Chope]

Absolutely. That is important. In that context, the Government have given new responsibility to the Leasehold Advisory Service to advise potential purchasers of park homes. I, and indeed the all-party parliamentary group, had a meeting with Anthony Essien, its chief executive. The trouble is that although it can give advice someone must approach it for advice before it can do so, and many people do not because they are seduced by the sort of information that I have referred to.

[Mr Clive Betts in the Chair]

[Sir Peter Bottomley]

I am sorry that a pre-existing commitment prevents me from staying for the rest of the debate.

It seems to me that the Advertising Standards Authority should get a complaint, and should quickly adjudicate, rule out of order and condemn the advertisements that my hon. Friend refers to. May I point out that Sonia McColl, the champion of park home owners, had her 40 foot, 10-tonnes mobile home stolen? My hon. Friend might join me in appealing to Devon and Cornwall police to find it and to find the people who stole it. Death threats are one thing; having your home stolen is another.

[Sir Christopher Chope]

That last point is really important because Sonia McColl did an enormous amount of good work on behalf of park home residents across the country. She was the victim of a vendetta and a serious crime and I have seen recent correspondence suggesting strong evidence against two potential perpetrators, but the prosecuting authorities are not taking the action they should be taking in that respect. As always, my hon. Friend makes a very good point.

May I refer to another site in my constituency that is now called New Forest Glen but is better known as Tall Trees, in Matchams Lane? No application has been received by Bournemouth, Christchurch and Poole Council for a caravan licence, despite more than 100 of my constituents living and having their permanent homes in Tall Trees park. I have been told by the council that officers from both planning enforcement and environmental health have met the site owners to try to regularise the situation on several occasions, but without success. They are now advising the site owners that they are considering formal action to secure the necessary permissions for both planning and site licensing. Although such promises of action are welcome, they must be considered in the context of many years of inaction during which residents of Tall Trees have been denied the rights and protection that would be available if they lived on a licensed park home site. These rights include the ability to form a recognised residents association and restrictions on the amount by which ground rents can be increased, and on service charges being imposed.

Silver Mists, New Forest Glades and New Forest Glen are owned by one organisation, RoyaleLife. In March this year, I requested through the representative of Mr Bull, the chief executive of Royale Parks, that he address the problem, especially on Tall Trees. I referred to the fact that despite being recognised by Christchurch Council as enjoying residential status for 12 months of the year, many of the residents of Tall Trees were still paying site fees of £4,750 per year as well as council tax. If they had the benefit of formal residential status through a site licence, their fees would be £1,900 rather than £4,750. By not even applying for a site licence, Royale Parks is benefiting by being able to charge much higher fees. Residents also suffer because they must pay VAT on those fees. That situation should have been brought to a head by the council taking enforcement action against Royale Parks for not having a licence, thereby forcing the company to comply with the law. In my letter to Royale, I suggested that a meeting between Royale and the residents—who have been trying to have such a meeting for many months—would be useful, and I hope that such a meeting will now take place on 11 October.

Last Thursday I received the latest word from the council’s corporate director for environment and community in response to the concerns that I have expressed on behalf of residents. It is not wholly reassuring. Although she says that she hopes the requirement for Royale Parks to regularise the situation and obtain the appropriate site licences or face formal action will provide some comfort to the residents, she could take action now to ensure that all those park homes for which residential use is recognised benefit from a residential site licence. I do not understand why the council has been so slow in acting against a site owner who is refusing to apply for a site licence. The site owner, unreasonably, is refusing to obtain a licence for the existing residential park homes, instead choosing to put pressure on residents to support his appeal in respect of other park homes on the Tall Trees development that do not currently have certificates of lawfulness or valid planning consent for residential use. Residents have been told that the site owner will address the issue only if the appeal against the refusal of certificates of lawfulness on other parts of the site are successful. In other words, residents are being held to ransom. Those appeals have been delayed inordinately, not least because the appellants want a full hearing.

I then got involved in writing to the chief executive of the Planning Inspectorate to see whether we could bring this matter forward. We now have an appeal fixed for 10 December, which is good news, but in the meantime, there can be no justification for denying Tall Trees residents, who are lawful occupiers of their caravans, the protection of a site licence.

People in Tall Trees who wish to sell their home are unable to get full price for it because of the constraints to which I referred. One constituent estimates that the value of his home has been depressed by £100,000 as a result of the site owner’s actions and the council’s refusal to take enforcement action.

So far, I have concentrated on cases where no site licence has been issued, but even where licences are issued they are often not enforced, leaving residents exposed to exploitation. One such site, in Ferndown in my constituency, is Lone Pine Park, which is owned by Premier Park Homes Ltd. Two of my constituents there have been harassed because their park home is old and regarded by the new owners as being out of keeping with the new image of Lone Pine Park, which is described in a brochure as offering

“bespoke homes…nestled within Millionaires’ Row in Ferndown …Dorset.”

My efforts to engage with Dorset Council on the concerns expressed by my constituents have largely fallen on deaf ears. I wrote to its chief executive, Mr Prosser, on 5 August, but despite repeated requests for a reply I received a response only very late yesterday evening. In my letter, I referred to: the failure of the owner to deposit new site rules; residents and the emergency services having restricted access to estate roads because of the construction of new homes; rodent infestation; the dumping of rubbish and waste; and the proliferation of potholes, which prevent the local general practitioner car service from accessing the site. The chief executive says in his answer that he understands

“that a new site licence has been issued”,

which provides the site operator with a number of permitted rights. He goes on to say:

“There are some outstanding matters which would require planning permission that are not covered by the terms of the site licence, and for this reason there is an open enforcement case on the site until such matters are regularised.”

Despite having had my letter for two months, he goes on to say:

“planning/enforcement officers will visit the site again to check the situation to ensure the site is not being operated in a manner that would breach the permitted rights under the provision of the site licence or the permitted development order”,

and that

“the enforcement file will remain open until the site has been regularised.”

I refer to that letter at some length because it seems to show that the council has a very relaxed attitude to these important issues, which directly affect so many residents.

[Dr David Drew (Stroud) (Lab/Co-op)]

The hon. Gentleman makes a compelling case. One of the problems is that local authority officers have no experience in this area. It is vital that we give advice to residents nationally, because they are being penalised. Does he agree that the Ministry of Housing, Communities and Local Government has to take this up as a matter of urgency?

[Sir Christopher Chope]

Absolutely; the hon. Gentleman is right. Indeed, the British Holiday & Home Parks Association suggested that what we need in England is one centre of expertise that can not only give advice but take action on these matters, just as happens for trading standards and large companies that operate on many different sites. There is every reason for saying that we should do something similar in the park homes sector.

[John Stevenson (Carlisle) (Con)]

I congratulate my hon. Friend on securing this debate, which is timely from my perspective, as I visited Great Orton park homes last week. The main issues for the residents I met were the state of the park and the responsibility of the park owner.

I have two points to make. First, does my hon. Friend agree that introducing the fit and proper person test would go some way towards giving councils more powers to intervene where appropriate? Secondly, does he agree that it would be appropriate for residents to have the opportunity to acquire ownership of the park in certain circumstances, similar to the right that long leaseholders in blocks of flats have?

[Sir Christopher Chope]

My hon. Friend’s second point is a suitable subject for a separate debate. One problem is that the land on which the caravans are situated is in separate ownership from the caravans, so to introduce a right to buy that land might legally be quite complicated. Having said that, it has been suggested that, to get round the site licence provisions, some operators are offering long leases on the small area of land on which each caravan or park home is situated, which leads to the situation where each separate park home on a site has to have a separate site licence. That is the latest way in which the law is being stretched. At my suggestion, Bournemouth, Christchurch and Poole Council and the leasehold advisory group are interested in looking into the issue to see whether we will have a situation rather like the one we had with some Traveller sites, where an acre of field was divided up into lots of very small plots.

I am sceptical about my hon. Friend’s earlier point about the fit and proper person test. I will illustrate my scepticism by referring to the controlling director of Royale Parks Ltd. Robert Lee Jack Bull, born in May 1977, was appointed as the director of Royale Parks Ltd on 7 September 2018. Directly or indirectly, he holds between 25% and 50% of the shares and voting rights in that company, which is part of a complex group of companies. The information that I have seen from Companies House suggests that Mr Bull is the director of no fewer than 74 companies, which between them have assets of about £80 million and liabilities of about £110 million. Royale Parks Ltd controls 75% or more of the shares and voting rights in some of those subsidiary companies, such as Royale Parks (Dorset) Ltd. In marketing the properties, however, RoyaleLife describes itself as

“a family-owned business with a heritage dating back to 1945.”

There may be such a heritage, but what is probably not well known is that Mr Robert Lee Jack Bull was convicted at Cheltenham magistrates court on two pieces of information brought by the trading standards department, as described in the register for 10 January 2013. They are in similar terms, so I will refer only to the first one, which says:

“Between 13/08/2009 and 08/11/2009 at Gloucestershire, being a trader, engaged in a commercial practice which, by omission, was misleading under regulation 6 of the Consumer Protection from Unfair Trading Regulations 2008 in that its factual contract omitted material Information, namely by making representations to Phillip and Mary Bentall, being average consumers, with respect to a park home, 101 Cotswold Grange Country Park, Meadow Lane, Twyning, which representations caused them to take a transactional decision namely to sell their home at 32 Quay Lane, Hanley Castle and purchase 101 Cotswold Grange Country Park which they would not otherwise have undertaken if they had known that planning permission only existed for holiday homes at Cotswold Grange Country Park and that 101 Cotswold Grange Country Park was a holiday home, not a permanent residential property, contrary to Regulation 10 of said regulations and as a result caused or was likely to cause the average consumer to take a transactional decision he would not have taken otherwise.

Contrary to regulations 10 and 13 of the…Regulations 2008.”

Mr Bull was fined £4,000 on that and the other count, and ordered to pay costs and a victim surcharge.

If we go for a fit and proper person test, will Mr Bull fall foul of that test? I suspect that he would not, which shows the weakness of such a test. That is why I express openly my scepticism about it, but I think that if my constituents, certainly at Tall Trees, knew about Mr Bull’s background they would be very concerned, because many of them were the victims of mis-selling. They bought their park homes at Tall Trees around the same period, between 2009 and 2013, having been told that those park homes carried with them full residential rights over a 12-month period.

[John Healey (Wentworth and Dearne) (Lab)]

If the hon. Gentleman does not agree with the concept of a fit and proper person test, what does he propose to put in place to try to stop exactly the rogues that he has described in such detail to the Chamber?

[Sir Christopher Chope]

I am saying that I am not in favour of the fit and proper person test proposed by the Government. The alternative suggestion—I was going to refer to it, but I will now do so directly—is that the British Holiday & Home Parks Association, which is basically a trade body, should be given responsibility for introducing some policing in this area. The right hon. Gentleman will know that, as a result of the Parking (Code of Practice) Act 2019, which was introduced by my right hon. Friend the Member for East Yorkshire, rogue parking operators are no longer able to get access to the Driver and Vehicle Licensing Agency database unless they belong to the British Parking Association, an organisation that ensures high standards in the parking industry.

Similarly, we could have a situation where an organisation such as the BHHPA was able to enforce the fit and proper person requirements through its membership code, so that it would not admit into its membership organisations that fell below those standards. That might be a much more direct way of addressing this issue, rather than going down the route of the fit and proper person test. Which of those 74 companies to which I referred would be regarded as an unfit and improper company because of one director? This is a complex area, but the main point I would make is that the fit and proper person test is not the panacea that some people are suggesting it is.

In my capacity as the chair of the all-party parliamentary group on park homes, I am well aware of the laid-back attitude of many local authorities in discharging their responsibilities to park home residents. I have received lots of information from members of the public, including information on operators: the Elmstead Residential Park in Andover, Lakeview Residential Park in Romford and others frequently referred to in Private Eye. There are serious continuing problems. We will hear about some of them during this debate. Successive Governments have engaged in window-dressing gestures rather than taking effective action against the rogue operators.

The fit and proper person test may be just such an additional issue. I hope that the Minister, in his response to the debate, will be able to set out the Government stall in respect of what the Government will do to force local authorities to meet their statutory obligations, and to protect the many thousands of park home residents looking for a strong lead in this area. It is recognised that there are a large number of reputable park home operators, but there are still rogues operating in this industry.

[Several hon. Members rose—]

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[Peter Aldous]

I thank the hon. Gentleman for his intervention. He is correct and we need to address those particular issues, but we need to make sure we do so in an effective way, with the desired consequences. The introduction of the fit and proper person test was provided for in the 2013 Act and is intended to eliminate these rogues. However, the feedback from Wales is that it has not done that and that a dispersed system with a tickbox approach, which has been pursued there, has not led to one application being refused. If introduced—I have no particular problem with that—the test must be properly co-ordinated and consistent across the whole country and it must plug the loopholes whereby a rogue site owner either puts forward a manager for licensing purposes yet continues to direct business themselves or pursues the type of dubious practices highlighted by my hon. Friend the Member for Christchurch.

Secondly, more needs to be done to ensure that local authorities have the necessary expertise and resources to enforce the legislation. From my own experience, I know that East Suffolk Council is very good and proactive in addressing a problem when it arises. However, there is more work to be done on day-to-day management and the guidance and advice given to both home and site owners. Such pre-emptive work will nip potential problems in the bud and ensure they do not develop into the major incidents that cause people so much distress and turmoil. I take the view that, if seen through, the recommendations of the working group and the Government’s response to the review will address many of the concerns.

Thirdly, we have heard a great deal today about the sharp practices that are blighting many people’s lives, but it is important not to lose sight of the fact that many site owners behave responsibly, fulfil their obligations and build good working relationships with the homeowners on their sites. It is vital that we do not create a system that forces them out of the sector to be replaced by the rogues who circumnavigate the arrangements and exploit the loopholes about which we have heard so much. In my experience, some good site owners are already deciding to leave the sector.

Fourthly, it is important to continue to distinguish between park homes and holiday homes and to guard against holiday parks morphing into park home sites, as my hon. Friend the Member for Christchurch highlighted. The two sectors are completely different, with two different systems of protection against mis-selling and misuse. It is important that they remain as such and that we enforce the two systems fully and effectively.

[Sir Christopher Chope]

Does my hon. Friend accept that, in the light of recent planning decisions at appeal, the two sectors are now morphed together, and that the only way to resolve the matter and make them distinct again is through legislation?

[Peter Aldous]

My hon. Friend is correct to highlight the problem, and the situation has evolved and been allowed to develop at individual sites around the country. It may be like separating Siamese twins, but we must try, because the two sectors are completely different, serving completely different markets. If at all possible, they need to remain as such.

My final point relates to the 10% commission on sales. That is an anomaly in many ways, yet it has to a large extent underpinned the sector’s financial viability over time. The Government are right to be carrying out an assessment of the likely impact of a change to the rate of commission, and their findings should be fully scrutinised both back in this Chamber and, I am sure, by your Select Committee, Mr Betts. However, before making any changes we need to guard against and properly consider any unintended consequences, which could lead to a jacking up of pitch fees, for example.

Park homes have often been a forgotten part of the housing sector, but they play a vital role, particularly in certain seaside communities, such as those that my hon. Friend the Member for Christchurch and I represent, and for people at or approaching retirement. The sector has been overlooked in the past, and it is important that that does not happen in the future. We must continue to scrutinise the sector to ensure that homeowners have peace of mind, good site owners receive a fair return and the rogues are sent a clear message that they are not welcome and that we will send them packing.

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[Sir Christopher Chope]

May I give a warm vote of congratulation to my hon. Friend on his maiden speech as a Minister? Brilliant! He responded admirably to the shadow Minister, the right hon. Member for Wentworth and Dearne (John Healey), and he understands our frustration and said that he will pass on those expressions of frustration to the Minister for Housing when she gets back from the conference.

I am most grateful to everyone who has participated in the debate, because it has shown that we regard the issue as a high priority. In the end, government and legislation are all about priorities. I hope that, because of the debate, the Department will start to draft some legislation. As we know, when the current Transport Secretary was the Housing Minister, he was told that there was no space for legislation in the Queen’s Speech, but he had prepared the legislation and the drafting. One of the most depressing things that the all-party parliamentary group heard when we last met officials was that no work was being done on that. May I suggest that the Minister get draftsmen to work quickly on addressing the issues we have been debating today?

Question put and agreed to.

Resolved,

That this House has considered legal protection for residents of park homes.