Summary
This policy explains how Trafford Council sets and charges fees for applications and registration under the mobile homes fit and proper person rules.
Scope
This policy applies to applications and ongoing registration for the fit and proper person test for residential mobile home sites in Trafford.
Legal basis
The Mobile Homes Requirement for Manager of Site to be Fit and Proper Person England Regulations 2020 prohibit the use of land as a residential mobile home site unless the site owner and any appointed manager are fit and proper persons.
The regulations allow the local authority to charge fees to cover the cost of assessing and monitoring entries on the register.
Current fee
The fee for inclusion on the fit and proper person register is reviewed and updated annually.
The current payable fee is published on the council’s website.
What the policy covers
- How the application fee is calculated
- When an annual fee may be charged
- Fees when the council appoints a site manager
- How and when fees are reviewed
- How fees are paid and what happens if fees are not paid
Application fee
You must pay the application fee when you submit your application. Applications are not valid until the correct fee is paid.
When setting the fee, the council considers the average time to process an application and the officer grades involved. The fee covers activity such as:
- Initial enquiries
- Correspondence with the site owner, relevant persons and third parties
- Processing payments
- Checks, searches and reports
- Reviewing documents and certificates
- Preparing decision notices
- Manager and legal review
- Updating the public register and case records
- Reviews of decisions and defending appeals
Background checks on management history and financial standing are included in the fee.
Informal pre-application advice is included in the fee and is not charged separately.
Annual fee
There is no annual fee for a simple entry on the register.
If specific conditions are attached to a determination, an annual fee may be charged to cover the additional monitoring work. This may include:
- Correspondence about compliance with conditions
- Updating records and systems
- Processing the annual payment
- Reviewing evidence and certificates
- Any other action needed to check compliance
Any annual fee is payable on the anniversary of inclusion on the register.
Appointed manager fee
If the council appoints a person to manage a site with the owner’s consent, the council will recover the actual costs of identifying, appointing and overseeing the manager. These costs are payable by the site owner.
Reviewing fees
Fees are reviewed each year and new fees take effect from 1 April.
Revised fees are published on the council’s website.
Changes are based on actual processing time and costs to keep charges fair and transparent.
Amending conditions on the register
If the council adds, changes or removes conditions on an entry following a review, any annual fee linked to those conditions will be updated from the next due date. Annual fees already paid are not refunded and no additional fee is charged mid-year.
Site visits and travel
Where site visits are needed to check compliance with conditions, officer time may be included in the fee.
Travel time and fuel costs may also be included and may be calculated using a standard travel cost.
Payment of fees
The council will not consider an application unless it is accompanied by the correct fee.
If the correct fee is not paid, the application is invalid and the site owner may be in breach of the regulations.
If an application is refused, the fee is not refunded.
If an annual fee applies, the amount and due date are set as a condition of the register entry.
Failure to pay is a breach of condition and may lead to legal action.
Relationship to licensing fees
The council does not currently charge application or inspection fees for the licensing of mobile home sites.
The council may introduce such fees in future through a separate licensing policy.
Disclaimer
This publication is not a full statement of the law or legal advice.
If there is any conflict, the regulations and any statutory guidance take precedence.
Contact
Housing Standards Team
Email housing.standards@trafford.gov.uk
Telephone 0161 912 4915