Local Authority Secures Annual Site License Fee Order Against Non-compliant Respondent

OUTCOME: Allowed

1

FIRST-TIER TRIBUNAL

[NAME]

(RESIDENTIAL PROPERTY)

Case Reference

: BIR/31UC/PHP/2020/0002

Property

: [ADDRESS], [ADDRESS], Leicestershire, [POSTCODE]

Applicant

: [redacted]

Respondent: [redacted]

[NAME] : [NAME] by a local authority under s5A(3) of The Caravan Sites and Control of Development Act 1960 (as amended) for an order to pay the Annual site licence fee.

Date of Decision : 2 July 2020

DECISION

© CROWN COPYRIGHT 2020

2 The Respondent is ordered to pay the annual site licence fee of £280.00 for the Property, to the Applicant, within 28 days of the date of this order.

REASONS

1. The Applicant made [NAME] under s5A(3) of The Caravan Sites and Control of Development Act 1960 (as amended) for an order that the Respondent pay the annual site licence fee of £280.00, for the period I June 2019 to 31 May 2020.

2. On 5 May 2020 directions were made requiring the Respondent to send to the Applicant and to the Tribunal a Statement of Case setting out all matters of fact and law relied upon and exhibiting all relevant documents no later than 4pm on 5 June 2020. The Respondent failed to comply with the direction.

3. On 18 June 2020 I made the following directions:

“Unless the Respondent complies by 25 June 2020 he will be automatically barred from taking further part in these proceedings (Rules 9(1) and (7)(a) of the Tribunal Procedure (First-tier Tribunal) ([NAME]) Rules.

If the Respondent is barred from taking further part in proceedings the Tribunal need not consider any response or other submission made by him and may summarily determine all issues against him (Rule 9(8)).”

4. The Respondent has failed to comply with that direction and accordingly under Rule 9 of the Tribunal Procedure (First-tier Tribunal) ([NAME]) Rules 2013 the Respondent is barred from taking further part in these proceedings.

5. The Respondent has not made any submissions about the [NAME] and has failed to respond to all communications sent to him concerning this matter. The annual fee is overdue. I therefore summarily determine that an annual site licence fee of £280.00, for the period 1 June 2019 to 31 May 2020 is payable by the [NAME] and make an order that the sum of £280.00 shall be paid by the [NAME], within 28 days of the date of this decision.

Name: Deputy Regional Judge Barlow

Date: 2 July 2020

Rights of appeal

By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) ([NAME]) Rules 2013, the tribunal is required to notify the parties about any right of appeal they may have.

3 If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber), then a written [NAME] for permission must be made to the First-tier Tribunal at the regional office which has been dealing with the case.

The [NAME] for permission to appeal must arrive at the regional office within 28 days after the tribunal sends written reasons for the decision to the [NAME].

If the [NAME] is not made within the 28 day time limit, such [NAME] must include a request for an extension of time and the reason for not complying with the 28 day time limit; the tribunal will then look at such reason(s) and decide whether to allow the [NAME] for permission to appeal to proceed, despite not being within the time limit.

The [NAME] for permission to appeal must identify the decision of the tribunal to which it relates (i.e. give the date, the property and the case number), state the grounds of appeal and state the result the party [NAME] the [NAME] is seeking.

If the tribunal refuses to grant permission to appeal, a further [NAME] for permission may be made to the Upper Tribunal (Lands Chamber).