Agenda item

The Committee received the report of the Chief Officer (Health and Housing) to seek decisions about varying the licence conditions on the caravan site licence for Broadfields Park.

Under the Scheme of Public Participation, Mr. Edward Bamborough spoke in connection with the report and outlined in detail the problems associated with the drainage system at Broadfields Park and the impact they were having on the residents.

The Public Health and Protection Manager reported that Broadfields Park Caravan Site was a protected site, as defined by the Mobile Homes Act 2013, and was licensed by the Local Authority under the Caravan Sites and Control of Development Act 1960.  The Council had adopted the Model Standards for Caravan Sites in England 2008, which required a good standard of services, facilities and amenities provision.  Additional non-standard conditions could be placed on a licence, where appropriate, which were specific to a site.

It was reported that the Council had received numerous complaints from residents of Broadfields Park regarding toilets and showers backing up after periods of intense or sustained rainfall, and reports of residents having to wade through ponded surface water.  Although Britaniacrest Ltd, the operators of the site, had taken some action to resolve the issues on each of those occasions, these had not always been speedy or had a lasting effect, and a longer-term and more proactive solution was needed.

The Council had held discussions with Britaniacrest Ltd in 2015, and advised them that the drainage system was unsuitable, insufficient and/or defective, and warranted full investigation and permanent resolution.  The question had been raised as to whether specific conditions needed to be added in connection with the drainage to improve the existing licence conditions.

Britaniacrest Ltd had, however, given assurances that they would carry out the necessary works voluntarily and without the need for them to be added to the licence conditions, which was in keeping with the informal approach to enforcement, in the first instance, recommended by the Mobile Homes Act and the Enforcement Concordat and Regulator’s Code, which local authorities must have regard to when pursuing enforcement.

The Council had therefore agreed a number of actions and associated deadlines in writing, which were to be completed by 28^th February 2016.  In response to the agreed actions, Britaniacrest Ltd had carried out a drain survey of a small section of the onsite sewerage network.  However, there was still uncertainty as to where the site sewerage drained to, and the Council was working with United Utilities on this issue.  Britaniacrest Ltd had also carried out partial improvement works to the surface water drainage in the worst impacted location of Broadfields Park, but had not completed all the actions, and the problems complained of by site residents had not been adequately resolved.

On 14^th April 2016, the Council had written to Britaniacrest Ltd to inform them of intentions to request a Formal Licence Review and alter site conditions, and giving them 28 days to make any representations.  Representations had been received on 16^th May 2016, which officers had rejected as being factually incorrect in suggesting that the problems had been resolved.

The Options and Options Analysis (including risk assessment) were outlined to Members.  Option 1 - to vary the site licence conditions to enable enforcement action to be taken, as appropriate - was the Officer preferred option.  The proposed additional licence conditions were set out in Appendix 3 to the report.

It was moved by Councillor Charles and seconded by Councillor Metcalfe:

“That Option 1, as set out in the report, and the proposed additional licence conditions, as set out in Appendix 3 to the report, be approved.”

It was then moved by Councillor Hamilton-Cox and seconded by Councillor Pattison by way of amendment:

“That the following words be added at additional licence condition 2:

‘That the operator be required to provide a spare third pump in the pump-house.’”

The Committee unanimously accepted that the amendment be carried.

It was then proposed by Councillor Metcalfe and seconded by Councillor Redfern:

“That the following words be added at additional licence condition 1:

‘That all the survey and drainage works must be carried out by professionally qualified contractors.’”

The Committee unanimously accepted that the further amendment be carried.

Following debate, the substantive motion, as amended, was put to the vote.  Members voted unanimously in favour of the motion, which the Chairman declared to be clearly carried.

Resolved:

That the site licence conditions be varied to enable enforcement action to be taken, as follows:

1.         To carry out a detailed survey to the reasonable satisfaction of the Licensing Authority of the site’s drainage system to assess its adequacy, suitability, effectiveness and weaknesses, and to make recommendations for permanent resolution of the blockage and surface flooding problems.  All survey and drainage works must be carried out by professionally qualified contractors.

2.         To have and maintain in good working order a suitable and sufficient surface and foul water drainage system, which is capable of servicing all the caravans/mobile homes on site, and that the operator be required to provide a spare third pump in the pump-house. 

3.         The surface and foul water drainage system must have adequate provision to protect against flooding and the loss of facilities that may reasonably be caused by flooding.

4.         To have sufficient procedures and systems in place to ensure that any backed-up drainage effluent is removed immediately and in any event within 24 hours of notification of blockage.

5.         To provide all residents with emergency contact details for the site manager and to ensure that the residents’ emergency contact details are kept up-to-date.

6.         To display on a public noticeboard on or near the site reception area the emergency contact details for the site manager.

7.         To have a suitable and sufficient emergency response system in place, which ensures that residents’ concerns are logged and responded to accordingly.

The Chairman advised Members that he would ask Health and Housing Services to report back to the Committee on 1^st September 2016.