Agenda item

Notice of Motion

This item is to receive any Notices of Motion: one has been received and is attached to the agenda.

 

Decision:

That the Notice of Motion be received and supported.

 

Minutes:

The following Notice of Motion was submitted by Councillor Sam Swash and seconded by Councillor Alasdair Ibbotson.

 

Ensuring Accountability in Flintshire’s Residential Mobile Home Licencing

 

This Council notes:

 

1.         That within Flintshire there are a number of residential mobile home sites

Licensed by Flintshire County Council under the Mobile Homes (Wales) Act

2013;

 

2.         That residential mobile home sites vary in size, with the largest in Flintshire

Being Willow Park in Mancot which provides residential mobile housing for

more than 200 residents;

 

3.         That site owners are licensed by Flintshire County Council to operate sites;

 

4.         That currently neither the residents of the parks, nor Elected Members, are

notified when an application for a site licence is made to the local authority; and

 

5.         That currently neither residents of the park, nor Elected Members, are

provided with an opportunity to make representations on the application for a

site licence.

 

This Council believes:

 

1.         That the current process for the granting of site licences for residential mobile

home sites fails to sufficiently represent the residents of the sites or locally

Elected Members;

 

2.         That making decisions that profoundly impact the lives of hundreds of

residents without their involvement is fundamentally undemocratic;

 

3.         That before granting licences for residential mobile home sites, residents of

the site, site owners, and locally Elected Members, should be notified and invited to make representations;

 

4.         That given the size of residential mobile home sites, and the number of our

residents which they home across Flintshire, there is a clear public interest in

the decision to grant a site licence and the conditions attached to it; and

 

5.         That the decision to grant a residential mobile home site licence should be one

that is taken democratically by the Elected Members of the Licencing

Committee, with representations invited from:

 

a) the site owner

b) the residents of the mobile home site

c) the elected representatives of the local ward, and

d) any other interested party.

 

This Council resolves:

 

1.         That the decision to issue, renew, extend, vary, or not issue, site licences for

            residential mobile home sites should rest with the Licencing Committee, taking

            into account the advice of relevant officers;

 

2.         That the schedule of officer delegation be amended accordingly;

 

3.         That advance notice be given to Elected Members when a residential mobile

            home site in their ward will be subject to a decision on the issuing, renewal,

            extension, or variation, of a licence to enable them to make representations;

 

4.         That the Constitution and Democratic Services Committee shall be tasked with

            agreeing a policy on minimum standards of resident consultation in respect of

            residential mobile home licencing ahead of decisions, and

 

5.         That pending the completion and adoption of this policy, the Council will

            welcome and acknowledge any written correspondence received from

            residents of sites subject to licencing decisions, and recommends that

            requests to make representations to the Licencing Committee in person in

            respect of these decisions be handled in the same way as planning

applications.

 

Councillor Sam Swash explained the reasons why he proposed the Notice of Motion to Councill.  He said that the Notice of Motion would give residents of Flintshire, and the local Elected Members who represented them, an “active voice” in the process of issuing and varying mobile home site licences and enable democratic decisions to be taken in a public forum and by Elected Members.  He asked Members to support the Motion.

 

In response to the Notice of Motion, Councillor Chris Bithell advised that

Flintshire County Council’s Constitution had made provision for the licensing of caravan and residential mobile home sites. Delegation rests with the Licensing Committee which in turn delegates the function to the Chief Officer (Planning, Environment and Economy), and in practice the applications were determined by experienced officers in the portfolio.  It was, however, open to the Chief Officer to refer an application to the Licensing Committee, therefore. during the coming months the Chief Officer and his team would undertake to review the current arrangements taking on board the points raised in the Notice of Motion. In particular the Chief Officer and his team will look into developing a protocol that will alert local Members if an application for a residential mobile home site has been submitted in their ward.  

 

Councillor Bithell also reported that, in conjunction with Legal and Democratic Services, a review of the Licensing Committee’s preparedness to determine such applications would be undertaken. The outcome of the review would be considered by the Licensing Committee in due course and thereafter the Constitution and Democratic Services Committee.

 

The Chief Officer (Governance) referred to the suggestion by Councillor Bithell that the Licensing Committee consider the outcome of the proposed review of current arrangements prior to consideration by the Constitution and Democratic Services Committee and asked Councillor Swash if he accepted the change. 

 

In response to the question from Councillor Alasdair Ibbotson on when the new procedures would become operational, the Chief Officer (Planning, Environment and Economy) said work would be undertaken during the Summer and feedback provided to the Licensing Committee in the Autumn. 

 

Councillor Swash sought confirmation from the Chief Officer (Governance) that in the interim Elected Members and residents would be allowed to make representations as requested in the Notice of Motion.  The Chief Officer confirmed that there was no proposal to amend that part of the Motion.  Councillor Swash accepted the change as suggested by Councillor Bithell.  Councillor Ibbotson, seconder of the Motion, also accepted the change.

 

On being put to the vote the Motion was carried.

 

RESOLVED:

 

That the Notice of Motion be received and supported.

 

Supporting documents: