Park Home Residents: Legal Protection

Debate between Scott Mann and Christopher Chope

Tuesday 1st October 2019 Westminster Hall

[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Over the years the term “caravan” in relation to permanent residential accommodation has been replaced by the expression “park home”.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.

Recreational Sea Bass Fishing

Debate between Scott Mann and Christopher Chope

Thursday 11th February 2016 Commons Chamber

[Scott Mann]

I will try to check out that column in The Times. It is not my regular newspaper—I normally read The Telegraph and The Sun—but I will go back and check it. Such agreements may be fine in other waters, but we should have an understanding that our territorial waters inside the 6-mile limit should be protected for our fisheries and our people.

[Mr Christopher Chope (Christchurch) (Con)]

My hon. Friend is making a splendid speech, which I know will be much supported by Christchurch fishermen. Does he agree that Iceland decided to take control of its own fisheries and that those fisheries are a fantastic success?

[Scott Mann]

I welcome my hon. Friend’s intervention. I agree that many fisheries people feel that that is the case.

Benefit Entitlement (Restriction) Bill

Debate between Scott Mann and Christopher Chope

Friday 5th February 2016 Commons Chamber

[Mr Christopher Chope (Christchurch) (Con)]

I beg to move, That the Bill be now read a Second time.

Again, this Bill is a reiteration of one I introduced to the House previously, but that was first brought forward two years ago, rather than one. It sets out clearly what we need to do in relation to the benefit entitlements of those who are not UK citizens. It would:

“Make provision to restrict the entitlement of non-UK Citizens from the European Union and the European Economic Area to taxpayer-funded benefits.”

Interestingly, the Bill is put in identical terms to the one introduced in the 2013-14 Session. When I introduced that Bill on 17 January 2014, it received a lot of sympathy from the Government at the time, and I shall briefly cite some of the things that were said.

I said that the Secretary of State for Work and Pensions, whom I am delighted to say is still in post, had the week prior to the introduction of my Bill been quoted in The Sunday Times with a big headline saying “Ban migrant welfare for two years”. When that issue was examined, it turned out that it could not be done then and it was an “aspiration” rather than a “policy”. I quoted the following:

“Sources close to Mr Duncan Smith stressed he was expressing an aspiration for the future, rather than spelling out a policy.”—[Official Report, 17 January 2014; Vol. 573, c. 1138.]

The background is, therefore, that the Government at that stage were keen on limiting welfare for migrants from the European Union and the EEA.

One interesting aspect of that debate was that the problem had also been referred to by Dominic Lawson in The Sunday Times. He had pointed out that none other than Milton Friedman, that great free market economist who believed in open borders, had asserted that one

“can have a generous welfare state or open borders, but not both...There is no doubt that free and open immigration is the right policy in a libertarian state, but in a welfare state it is a different story: the supply of immigrants will become infinite.”

That is the issue that my right hon. Friend the Prime Minister has been trying to address in his negotiations with other members of the European Union; we cannot have both open borders and unrestricted welfare. Of course, if we believed in a single superstate, as our European colleagues do, the issue would not arise, because we would all be living in one great state, with people moving freely from country to country with uniform benefits systems. That is not the policy of the present Government, and it is certainly not the wish of the British people.

Two years ago, we were hoping for a renegotiation, followed by a Conservative victory in the general election, with the promise of an EU referendum. The renegotiation is now taking place, but it is very sad to see the extent to which our aspirations have been watered down. Even the then Deputy Prime Minister said that it was wrong that people from countries elsewhere in the European economic area should be able to access child benefit for children living in another country. That issue was addressed specifically by the Conservative party at the recent general election, because our manifesto stated that we would ensure that nobody could access child benefit from the United Kingdom taxpayer for a child living elsewhere. Again, that seems to have been rejected in these renegotiations, which is very disappointing.

[Scott Mann (North Cornwall) (Con)]

How does my hon. Friend think the general public feel about the current renegotiation and the watered-down benefit reforms?

[Mr Chope]

I think that the opinion polls tell the story—I am told that another one was published today. I think that the British public are enormously sceptical about the outcome of the renegotiation, and enormously concerned that those aspects that were spelled out precisely in our manifesto have so far not been realised.

[Scott Mann]

What does my hon. Friend think about the fact that the watered-down version we were presented with seems to have been watered down even further, with countries such as France and Germany suggesting that they might not support the legislation that the Prime Minister has already agreed?

[Mr Chope]

I am grateful to my hon. Friend for his intervention, but I am not going to go down that route, because my view is that, even if the high watermark of what the Prime Minister said in his recent statement, which is reflected in the documents produced by the European Commission, is maintained, it still falls significantly short of what we promised in our manifesto, and we will still be a million miles away from being able to remove access to benefits, which is what this Bill aspires to achieve and what the British people overwhelmingly support.

The Prime Minister answered questions after his statement to the House on renegotiation on Wednesday.

He said:

“40% of EU migrants coming to Britain access the in-work benefits system, and the average payment per family is £6,000…I think that more than 10,000 people are getting over £10,000 a year, and because people get instant access to our benefits system, it is an unnatural pull and draw to our country.”—[Official Report, 3 February 2016; Vol. 605, c. 939.]

There is a dispute about the extent to which such access brings large numbers of people in, but in any event the British people find it an affront that the money of those who have paid their taxes and into our insurance system for years is being used to fund people from another country who have not made such contributions.

There is a big issue here. Like my hon. Friend the Member for North Cornwall (Scott Mann), I am not convinced that the Government have achieved enough, even at the high watermark, to satisfy myself and others. The only solution is to leave. [Interruption.] The hon. Member for Oldham East and Saddleworth (Debbie Abrahams) is laughing, but she will see that clauses 2, 3 and 4 of the Bill have to include the words

“Notwithstanding the provisions of the European Communities Act 1972”.

In other words, in each of those clauses I acknowledge that, under current European Union law, we cannot change our own law as we would wish.

In answering the debate that we had two years ago about this issue, the Minister then responsible, my right hon. Friend the Member for Hemel Hempstead (Mike Penning), said that, although he might be tempted, he could not support the Bill because he would be in breach of the ministerial code in supporting a policy that could give rise to infraction proceedings. I fear that the Under-Secretary of State for Disabled People, my hon. Friend the Member for North Swindon (Justin Tomlinson), whom I am delighted to see on the Front Bench today, is in exactly the same position: despite the temptation, he could not support the Bill because in so doing he would be in breach of the ministerial code for raising the prospect of infraction proceedings.

[Mr Chope]

That is an interesting point. Perhaps the ministerial code will have to be adjusted to take account of the fact that those who remain Ministers while supporting notwithstanding clauses, for example, should have an exemption. However, I am sure that there are more important issues at stake than the ministerial code.

[Scott Mann]

I hope my hon. Friend agrees that the decision will not be for this House, but for the country. I am grateful that the Conservatives went through the Lobby to put the referendum on the statute book and give people a say on whether we should be part of the European Union. Does my hon. Friend think that the decision will be made by this place or the great British general public?

[Mr Chope]

The people will decide. We trust the people: that is why we are Conservatives. We look forward to the referendum whenever it comes.

I know other hon. Members wish to participate, but before closing let me turn to the issue of declaration of nationality. All the responses from the Government suggest that the scale of the problem is as the Prime Minister described it on Wednesday. However, the Government do not know at the moment how many people from the European Union or the European economic area are claiming benefits because there is no information about nationality in benefit claims. When my right hon. Friend the Member for Hemel Hempstead responded to the Bill two years ago, he said this would all be put right under universal credit. Well, that is great, but universal credit is taking a very long time to roll out.

That is why I would be interested to hear what the Under-Secretary of State says about my suggestion in clause 1:

“From the date of the coming into force of this Act no national insurance number shall be issued unless the applicant provides a declaration of nationality…no application shall be made for a taxpayer-funded benefit unless the applicant provides a declaration of nationality.”

At the moment, we do not really have detailed information; all we have are some rough and ready calculations.

We know there are large numbers of people in our country claiming from the benefits system who are not UK nationals. The Bill would address that problem full on and ensure that non-UK citizens from the European Union and the European economic area were not able to access our taxpayer-funded benefits. That is why I have the pleasure of begging to move that the Bill be read a Second time.