Residential Mobile Homes Stakeholder Working Group
Thistle House, Edinburgh – 28 November 2011
Minutes of Meeting
Present
Gordon Paterson – Scottish Government (Chair)
Aileen Tinkler – Scottish Government
Carol Anne Hackland – Scottish Government
David Brewster – West Lothian Council
Sandy Innes – Moray Council
Beverley Green – Fife Council
Ross Buchanan – Midlothian Council
Jim Haluch – Willow Wood Community Company
Jeanette Wilson – British Holiday and Home Parks Association
Colin Fraser – British Holiday and Home Parks Association
David Tweddle – Independent Park Home Advisory Service
Barry Plews – Park Home Legislation Action Group Scotland
Mike Larkman – Park Home Legislation Action Group Scotland
Brian Doick – National Association of Park Home Residents
Sergeant Bill Lowrie – Lothian and Borders Police
Telecon 3.50 – 4.20
Lisa Hawkins – Consumer Focus Investigations
Gemma Bowen – Consumer Focus Investigations
Apologies
Ron Joyce – Park Home Residents Action Alliance
Alicia Dunn – National Park Home Council
1. Welcome, Introductions and Apologies
1.1 GP welcomed everyone to the meeting and welcomed Sergeant Bill
Lowrie to his first meeting. Carol Anne Hackland, who has joined the Scottish
Government team was also introduced.
1.2 The minutes of the previous meeting were approved.
2. Caravan Sites and Control of Development Act 1960
2.1 CAH referred the group to the paper tabled “Review of Site Licensing”.
As it is the intention of the Scottish Government to introduce a Housing Bill
this Parliamentary term, it is likely that it will offer the primary legislative
opportunity required to update the site licensing regime. The paper outlined
the current position and provided the starting point for onward discussion.
2.2 The importance of giving consideration to redefining a park home was
highlighted by ML as being the crucial foundation to progressing updating the
licensing regime as it should apply to park home sites.
2.3 There was consensus across the group that the definition of a caravan
as currently defined in the 1960 Act was not appropriate for the structure of
park homes or their use as permanent residences.
2.4 GP advised the group that SG officials had entered into early discussion
with colleagues in Planning and Building Standards in order to progress the
discussion regarding definition. A number of areas, although not definitive,
were highlighted to inform the group that park homes would not be designated
as houses.
2.5 From this the group acknowledged that a park home could not be
redefined as a house. There was general consensus that the classification of
a park home should be determined to a greater extent by how the home is
used and the fact that it is a permanent residence, also giving consideration to
the issues in relation to mobility.
2.6 The group recognised that two of the key factors requiring further
investigation were the possibility of a different planning regime for permanent
residential park homes and also the size of the park home structures. Park
home manufacturers are developing new models to meet current English
standards and this coupled with the anomaly linked to the Fire (Scotland) Act
Regulations has highlighted issues relating to density and spacing.
2.7 To conclude this part of the discussion it was agreed that the Scottish
Government would liaise further with colleagues and offer the group a
definition of a park home for permanent residential use. Consideration would
then be given to what the site licensing regime for a redefined park home
would ideally look like. It was to be noted however that legal advice was still to
be taken on the feasibility of such an approach.
2.8 BG highlighted the fact that the current Model Standards were out of
date, in particular in relation to the new fire safety regulations as prescribed in
the Fire (Scotland) Act 2005.
There was agreement that the Model Standards needed to be revisited. In
terms of the legislation it was agreed that introduction of a 6m minimum
spacing requirement for privacy and amenity for residential mobile homes
should be adopted. This would meet the fire safety minimum as
recommended in the 2005 Act while also enabling local authorities to impose
6m spacing as a licence condition.
2.9 The group discussed the value of introducing a “fit and proper” test for
site licence holders in Scotland. The unlikely option to apply this
retrospectively was highlighted as a potential issue that would warrant further
discussion should a fit and proper test be considered. DT advised that the
Department for Communities and Local Government are expected to launch a
public consultation shortly which will focus on the issues of sale blocking and
more stringent sanctions for breaches of site licence conditions. There is a
Westminster debate on the issues on 30 November and an All Party Group
meeting on 8th December.
3. Consumer Focus presentation
3.1 Lisa Hawkins and Gemma Bowen from Consumer Focus Investigations
delivered a telephone presentation on a joint research project being
undertaken by Consumer Focus Wales and Consumer Focus Investigations.
3.2 IFF Research have been commissioned to investigate the issues arising
on park home sites, identify the scale of the problems faced by residents and
where there are particular problems with site owners. Location and number of
homes on sites will be identified as part of the project.
3.3 The research has been divided in to 2 phases with phase 1 almost
complete.

Phase one: All local authorities through-out Great Britain have been
contacted and asked to complete an online questionnaire. 31 of the 32
local authorities have responded. BG reflected her thoughts that the
questions were too closed with no narrative opportunity to “tell the
whole story”. This was taken on board by CF. In response to a question
CF also confirmed that details of local authorities inspection regime did
not form part of the questionnaire.

Phase 2: Telephone interviews with both approved and unapproved
resident associations are being carried out in addition to telephone
interviews with individual park home residents. However there has
been some difficulty in making contact with the required number of
residents in Scotland. This may be a problem because the scale of the
park home sector is smaller in Scotland.
3.4 The meeting was advised that the preliminary findings had been delayed
with the initial reports now expected at the end of February. It was agreed
that the Scottish Government would be able to utilise this information to
support the introduction of the SSI rather than wait until June when CF hoped
to deliver their full report and associated recommendations.
3.5 The Scottish Government will continue to liaise with Consumer Focus
investigations with a view to laying the SSI at the earliest opportunity following
the preliminary findings.
4. Mobile Homes Act 1983 – Updating the Implied Terms
4.1 It was confirmed that the Scottish Government would wait for the
outcome of the Consumer Focus research prior to laying the SSI. The group
were content with this approach and assured that no assumptions in relation
to implied term 8 had been made at this stage.
4.2 The meeting discussed the paper tabled which outlined the agreed
changes to update the Mobile Homes Act 1983. The paper offered the
overarching picture of the improvements proposed, strengthening the rights of
residents. The group acknowledged that this was a significant and positive
step forward.
4.3 With reference to the paper there were some minor clarifications
requested;
 Single occupier criteria for pitch fees – can we build in protection to
prevent the issue that arose in relation to the outcome of the court case
in England?
 Should consideration be given to linking the pitch fee
increase/decrease to CPI as opposed RPI?
 Can the park owner be placed under a duty to display their public
liability insurance?
 Is it necessary to introduce clarity that the proceeds from the sale of a
park home must be paid to the seller and not the park owner?
 If retaining the commission, consider whether or not it is feasible to
attach conditions and link payment to the amenity on site.
5. AOB
5.1 There was some discussion in relation to other points but it was
recognised that legislative amendment was not always the most appropriate
tool to address local issues. It was recognised that a key factor for additional
support was the development of appropriate non statutory guidance. This
would for example help improve transparency in relation to the express terms
which are agreed between resident and site owner and not imposed.
5.2 Additionally, there remains the difficulties that sometimes arise in
distinguishing between what is a criminal or civil matter and how receptive
police are locally in dealing with the related problems. To work towards
resolving this, Sergeant Lowrie offered to cascade information via the internal
Scottish Police Forces intranet and added that there would be value in
including an up to date case study. The group were also reminded that if there
were difficulties on a local basis that residents felt were not being addressed
properly by the police, there was the option to write to the Chief Constable for
resolution.
5.5 It was agreed that there would be value in establishing a small focus
group to meet more regularly to progress issues as they arise, consider the
key points/questions for the Housing Bill site licensing consultation and then
give some consideration to the development of non statutory guidance.
Nominations were taken at the meeting at it was agreed that David Brewster,
Colin Fraser and Mike Larkman should sit on the focus group.
6. Next steps – timeline
6.1 Actions to be taken ahead of the next meeting:

Scottish Government to draft a definition on what a park home is,
relating the definition to the fact that it is a permanent residence. Clarity
will be required that this definition is for the purposes of site licensing.

Scottish Government to give consideration to factors for a site
licensing regime.

Scottish Government to convene a small focus group to progress
improvements to the site licensing regime

Group to consider an appropriate case study for inclusion on the
Scottish Police Force intranet
7. Date of Next Meeting
7.1 The next meeting will be arranged early in the New Year