handbook for licences of mudeford sandbank sites for privately

Transcription

Handbook approved by Community Services Committee 5th March 2008.
HANDBOOK FOR LICENCES OF
MUDEFORD SANDBANK SITES FOR PRIVATELY OWNED BEACH HUTS
TERMS, CONDITIONS AND REGULATIONS
THE BOROUGH COUNCIL OF CHRISTCHURCH
(COMMUNITY SERVICES DEPARTMENT)
Commencement Date 01 April 2008
CONTENTS
Heading
Page
Part A -
Background Information
2
Part B -
Application for Licence and Payment of Licence Fee
4
Part C -
Transfer of Licence
7
Part D -
Conditions and Regulations for the use of the Site
11
Part E -
Termination or Expiration of Licence
33
Part F -
Notices Provisos Definitions and Interpretation
35
Appendix I
Beach Huts - Approved Colour Schemes
39
Appendix II
Specification for Gas Box
40
Appendix III
Notice of Proposed Alteration
42
Appendix IV
Procedure Re: Application to carry out Alterations or Works
to the Hut
43
Appendix V
Access Policy
46
Appendix VI
Transfer Agreement Beach Hut Site Licence
49
Appendix VII
Transfer Agreement to a Son or Daughter of the Licensee of
Beach Hut Site Licence (other than a Beneficiary)
53
Appendix VIII Transfer Agreement to a Son or Daughter Beneficiary of the
Licensee of Beach Hut Site Licence
58
Appendix IX
Terminology for the Hut and its components
63
Appendix X
Guidance notes for applications and permissions
72
1
PART A
A1.
BACKGROUND INFORMATION
Introduction
Mudeford Sandbank Beach Hut community comprises the 350 huts located on
Mudeford Sandspit. The Sandspit is an ephemeral feature and since the turn of the
20th century has grown or shrunk according to changes in the natural environment.
Since the Second World War, huts have been built by owners on sites licensed by
the Council. The Council has also acquired or constructed its own huts and until
the mid-1980s allowed these huts to be licensed on a hut and site basis.
A number of policies have been established over the passage of time and the
current policies are either incorporated or referred to in the following pages.
Mudeford Sandbank is situated on the edge of a Site of Special Scientific Interest
(Christchurch Harbour) and plays an important part in the eco-system of the
Harbour. The Sandbank is under threat from three directions, firstly from the
sea/harbour water surrounding it, secondly from the effects of visitors to the
Sandbank and thirdly from the effects of human habitation.
A2.
Coast Protection Arrangements
The Council's Coast Protection team has succeeded in re-establishing the beaches
on the sea-ward side to their original level using artificial groynes. This has
stabilised the foreshore. However, the harbour side of the Spit has different erosion
problems which cannot be solved using the same techniques. The area between
the café and the Black House where beach hut sites are under threat has recently
been re-instated so that the beach level is artificially higher by some 30cms. This is
purely a stop-gap arrangement because it only reduces the rate of erosion, but over
the next few years it is hoped that the foreshore can be re-stabilised and provide a
long-term future for beach hut sites on the harbour side. The Council is currently
undertaking the five year Mudeford Sandbank Coastal Defence Strategy Stage II
Scheme, further details of which can be obtained from the Council. Longer term
policy will be incorporated in the sub-regional Shoreline Management Plan 2.
A3.
Human Expectations
The results of the customer survey commissioned in 1995 clearly indicated that the
quintessential ingredient that attracts beach hut licensees and visitors to the
Sandbank is its inherent peace, charm and tranquillity, cut-off from the mainstream
of every day life. In spite of this underlying desire, the expectations of visitors to
and users of Mudeford Sandbank are becoming harder to meet. The difference
between what is actually provided and what people expect to see provided reflects
an inherent desire for better facilities. The Council’s aim is to maintain the special
nature of Mudeford Sandbank but to provide basic modern amenities in an
environmentally sensitive and effective way.
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A4.
Current Council Policies and Statutory Obligations
A summary of the main Council policy for Mudeford Sandbank is contained in the
Mudeford Sandbank Management Plan. As well as the impact of the Council’s
Corporate Plan priorities, there are a number of other Council-wide policies adopted
by the Council which impact on Mudeford Sandbank. Not least of these is the
Environmental Management Policy which arose from a heightened awareness of
the impact of development on the natural environment, the Council’s Active Living
Strategy and the Council’s policy of managing its own business in accordance with
British Standard ISO14001. Other policies which impinge on Mudeford Sandbank
include the Council’s aspirations for tourism and the policies for neighbouring sites
(including management plans such as for Mudeford Quay). A copy of the Council
Policies can be found on the Council’s website or can be inspected at the Council’s
offices. There are also statutory obligations including amongst others the
Environmental Protection Act 1990, the Water Resources Act 1991, the Building Act
1984 and, of course provisions contained in the Planning Acts. The Council’s
policies, together with the Council’s statutory obligations, govern the management
of Mudeford Sandbank and therefore have an impact on these Terms Conditions
and Regulations.
A5.
Introduction of Terms Conditions and Regulations
A5.1 The Council’s policy is that changes to the general environment of Mudeford
Sandbank or to the detriment of adjacent beach hut licensees should be properly
controlled and the only agent able to enforce this is the Council through its licensing
system. The terms conditions and regulations for the licensing system have been
agreed following formal consultations with Mudeford Sandbank Beach Hut
Association.
A5.2 New terms conditions and regulations will only be introduced after consultation with
the Mudeford Sandbank Beach Hut Association (unless such changes are required
by law or intended to clarify the existing terms conditions and regulations). The
Council’s policy is that only new terms conditions and regulations which meet the
Council’s legal obligations; meet the Council’s policies for environmental well-being
and sustainability; meet the beach hut licensees’ expectations and continue to
promote the special environment of Mudeford Sandbank will be introduced.
A.6
Commencement of Handbook
A.6.1 This Handbook shall apply from 01 April 2008.
A.6.2 This condition is without prejudice to any breach of any term condition or regulation
affecting the Hut applicable before 01 April 2008.
3
PART B APPLICATION FOR LICENCE AND PAYMENT OF LICENCE FEE
B1.
Application for Licence
B1.1 All applications for a Licence must be made in writing. The applicant for a Licence
must complete and sign the Licence Agreement in the form supplied by the Council.
This must be returned to the Property & Engineering Services Business Unit.
B1.2 The applicant for a Licence must be at least 18 years old.
B1.3 No Licence will be granted or renewed unless the Licence Agreement has been
properly completed signed and returned to the Property & Engineering Services
Business Unit.
B1.4 The Council will not renew any Licence unless the application is made by the same
person as the licensee of that Site at the expiry of the previous Licence.
B1.5 If the application for a Licence renewal is not received by the Property &
Engineering Services Business Unit by the 01 April which would be the
commencement date of the renewed Licence the Licence will not be renewed and
any payment or part payment of the Licence Fee made by the applicant will be
returned. The applicant for a Licence is responsible for ensuring that the
application for a Licence renewal is received by the Property & Engineering
Services Business Unit by this date.
B1.6 For the avoidance of doubt the decision as to whether or not a Licence shall be
granted or renewed shall be at the sole discretion of the Council.
B2.
Payment of Licence Fee
B2.1 The Licence Fee is payable in full by the Licensee on the Commencement Date but
the Council may agree to the payment of the Licence Fee being made by Standing
Order instalments if so requested by the Licensee.
B2.2 If the Licence Fee is not paid on the date when it is due or if a Standing Order
payment is missed, the Council will send a letter to the Licensee requesting
payment of the outstanding sum within 14 days. Without prejudice to any other
remedy of the Council, if a Standing Order payment is missed, the Council reserves
the right to terminate the arrangement by which payment of the Licence Fee can be
made by Standing Order instalments and require the outstanding balance to be paid
in full immediately.
B2.3 If the outstanding sums are not paid as requested under Regulation B2.2 then the
Council may (without prejudice to any other rights or remedies which it may have):B2.3.1
terminate the Licence by written notice to the Licensee and/or
B2.3.2
seek to recover the Licence Fee by action as a debt due to the Council
and/or
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B2.3.3
take possession of the Hut and sell the Hut and other property on the Site.
If the Hut or other property is sold the Council shall be entitled to deduct
from the proceeds of sale all sums outstanding to the Council under the
Licence, together with its costs and expenses incurred in the sale.
B2.4 For the avoidance of doubt any variation of the Licence Fee shall not be deemed to
be a new term or condition on which the Council would consult with the Mudeford
Sandbank Beach Hut Owners Association.
B3.
Early Payment Discount for Qualifying Christchurch Residents
B3.1 The Council will give an early payment discount of 15% of the Licence Fee to a
Licensee renewing the Licence and paying the Licence Fee in full before the
Commencement Date subject to:B3.1.1
the Licence being granted for a full year from 01 April and
B3.1.2
the Licensee being registered as the person liable for payment of full
Council Tax on a property within the Borough of Christchurch and being
registered on the Electoral Register for the Borough of Christchurch.
B3.2 For the avoidance of doubt:-
B4.
B3.2.1
No early payment discount will be given if a member of the
Licensee’s family is registered as the person liable for payment of
Council Tax instead of the Licensee.
B3.2.2
For the purposes of claiming discount the Licensee’s main
permanent address must be given.
B3.2.3
No early payment discount is given where the Licensee’s address is
a business address.
B3.2.4
The early payment discount referred to in this Regulation shall not
apply to the element of the Licence Fee charged in respect of any
Council Tax payable to The Borough Council of Bournemouth.
Restriction on Number of Beach Hut Sites
B4.1 A Licensee must not:B4.1.1
be a licensee of more than one beach hut or beach hut site on any beach
under the control of the Council at the same time or
B4.1.2
be a licensee of a beach hut or beach hut site on any beach under the
control of the Council if another member of his household is also a
licensee of another such hut or site at the same time.
B4.2 Subject to Regulation B4.3 in the event of a breach of Regulation B4.1 the Council
shall be entitled to determine all or any such Licences by one month’s notice to the
licensees of the beach hut or beach hut sites concerned.
5
B4.3 If the breach of Regulation B4.1 occurs because of devolution of title due to the
death of a licensee of another site, the Council shall allow such reasonable period
of time as it thinks fit for the Licensee to transfer one of the Licences in accordance
with Part C so as to comply with Regulation B4.1. If the Licence is not transferred
in accordance with Part C within this period of time, the Council shall be entitled to
pursue its remedies under Regulation B4.2.
6
PART C
C1.
TRANSFER OF LICENCE
First Refusal
C1.1 If a Licensee wishes to sell his/her Hut the Hut must first be offered to the Council.
The sale price for the Hut will be the sum determined by an independent valuer as
being the market value of the Hut without the Site. The independent valuer will be
appointed by and on behalf of the Council.
C1.2 If an offer is made to the Council to purchase the Hut, the Council shall notify the
Licensee within 14 days of receipt of the offer whether or not it wishes to purchase
the Hut.
C2.
Consent
C2.1 The Hut must not remain on the Site if it is sold given or transferred to another
person unless the Licence is formally transferred to the new Licensee. The Licence
must not be transferred or assigned to any other person unless:C2.1.1
the Licensee first obtains the written consent of the Head of
Neighbourhood and Environment and pays the Transfer Fee (or in the
case of a transfer to a son or daughter of the Licensee the first instalment
of the Transfer Fee) specified below and
C.2.1.2 both the Licensee and the prospective transferee complete and sign the
Transfer Agreement and
C.2.1.3 the Licensee completes a Dimensions Sheet with details of the dimensions
of the Hut and its features.
(For the avoidance of doubt Appendix VI Appendix VII and Appendix VIII are
specimen examples of the three forms of the Transfer Agreement and should not be
used as original Transfer Agreements). The form of Transfer Agreement must be
obtained from the Council on each proposed transfer of the Licence.
C2.2 The Council reserves the right to refuse to consent to the transfer of the Licence to
any particular person.
C2.3 The Licence must be transferred to a sole person. Consent will not be given to the
transfer of the Licence into the name of more than one person.
C2.4 The prospective transferee must be at least 18 years old.
C2.5 For the avoidance of doubt if a Licensee wishes to hand over the use and/or
management of the Site to a friend or relative, whether because of emigration or
other absence, age, infirmity, disinterest, for a mutual exchange or for any other
reason, this will constitute a transfer of the Licence. Such a transfer must be
regularised if it is not to amount to a breach of the Terms Conditions and
Regulations. A temporary absence arising because of service by the Licensee in
HM Armed Forces will not by itself constitute a transfer of the Licence.
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C2.6 The Council reserves the right to make such investigations and enquiries as it
thinks fit to ensure that an unauthorised transfer has not taken place.
C3.
Calculation of the Transfer Fee
C3.1 The Transfer Fee payable to the Council on the first transfer of the Licence shall be
calculated by multiplying the square meterage of the Site by the charge determined
from time to time by the Council
C3.2 The Transfer Fee on a second or subsequent transfer of the Licence shall be a sum
to be calculated in accordance with the following formula:
A.
Add the Transfer Fee calculated in accordance with C3.1 as if this transfer
was a first transfer
£…….
B.
Deduct the aggregate of all Transfer Fees paid on any preceding transfers
of the Licence
£…….
C.
The remaining balance is the Transfer Fee due for this transfer
£…….
For the purposes of this Regulation C3 references to the Licence include any
renewal of the Licence.
C3.3 If the transfer of the Licence is to a son or daughter of the Licensee, the Transfer
Fee is payable in instalments as specified in Regulations C5.
C.4
Exemptions from the Transfer Fee
C4.1 No Transfer Fee is payable on a transfer of the Licence to the spouse or civil
partner of the Licensee.
C4.2 For the purposes of this Part C and Regulation F3.17 a civil partner means a person
who has registered a subsisting civil partnership with the Licensee under the Civil
Partnership Act 2004.
C.5
Transfer to a Son or Daughter of the Licensee
C5.1 If the transfer of the Licence is to a son or daughter of the Licensee then (subject to
the provisions of Regulation C5.2) the Transfer Fee is payable to the Council by
instalments as follows:C.5.1.1 one third of the Transfer Fee must be paid on completion of the Transfer
Agreement and
C.5.1.2 one third of the Transfer Fee must be paid on the first anniversary of the
date of the Transfer Agreement and
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C.5.1.3 one third of the Transfer Fee must be paid on the second anniversary of
the date of the Transfer Agreement.
Unless Regulation C6.4 applies, the Licensee and the son or daughter of the
Licensee to whom the Licence is transferred are to be jointly and severally liable for
the sums due under this Regulation. The Council may at its entire discretion elect
to pursue either or both such persons for payment of the sums due under this
Regulation.
C5.2 If following the transfer of the Licence to a son or daughter of the Licensee and
before payment of all the instalments of the Transfer Fee to the Council, there is a
subsequent transfer of the Licence to any other person (including without limitation
a spouse, civil partner or beneficiary of the son or daughter) then the whole of the
remainder of the unpaid Transfer Fee must be paid to the Council prior to
completion of any subsequent transfer.
C5.3 For the purposes of this Part C and Regulation F3.17 a son or daughter means a
natural or adopted son or daughter of the Licensee but does not include a step-son
or step-daughter (unless legally adopted).
C5.4 If any sum due under this Regulation is outstanding after the due date then the
Licence may be determined by the Council pursuant to Part E and any sum
outstanding may be recovered as a debt.
C6.
Death of Licensee
C6.1 In the event of the death of the Licensee, the Licence may (subject to the written
consent of the Head of Neighbourhood and Environment and to the provisions of
this Regulation C6) be transferred to the Licensee’s spouse or civil partner or other
beneficiary (who must be the owner of the Hut) or may be transferred to a nonbeneficiary purchaser of the Hut.
C6.2 If the Licence is to be transferred to the Licensee’s spouse or civil partner, a copy of
the Death Certificate must be supplied to the Council, together with a copy of the
Licensee’s Marriage Certificate or Civil Partnership Document as applicable. The
Executor(s) or Administrator(s) and the Licensee’s spouse or civil partner must
complete and sign the Transfer Agreement. For the avoidance of doubt in
accordance with Regulation C4 no Transfer Fee is payable.
C6.3 If the Licence is to be transferred to a Licensee’s beneficiary, a copy of the Death
Certificate and either the Grant of Probate or Letters of Administration (as
applicable) must be supplied to the Council. The Executor(s) or Administrator(s)
and the beneficiary must complete and sign the Transfer Agreement and comply
with the provisions of Regulation C2.1.1 and C2.1.3.
C6.4 For the avoidance of doubt, if the Licence is transferred to a son or daughter
beneficiary of the Licensee then the son or daughter beneficiary must pay the
remaining instalments of the Transfer Fee due to the Council under Regulation C5.1
whichever is applicable.
C6.5 For the avoidance of doubt if there are any sums outstanding to the Council
pursuant to Regulation C5 arising from a previous transfer of the Licence then the
9
whole of the remainder of the unpaid Transfer Fee must be paid to the Council prior
to completion of the transfer of the Licence to the Licensee’s spouse or civil partner
or other beneficiary or transferee as the case may be.
C6.6 If:C6.6.1
the Licence Fee is not paid up to date or
C6.6.2
if the spouse or beneficiary or other transferee or executor(s)/
administrator(s) do not proceed with the transfer of the Licence as
promptly as possible or
C6.6.3
the transfer of the Licence is not completed by the expiry of the Licence or
within six months of the date of death (whichever is the later) or within
such longer period of time as the Council may in its sole discretion allow
the Licence may be determined by the Council.
C6.7 Each party must bear its own costs in connection with the transfer of the Licence
except if the Council shall reasonably decide that exceptional circumstances apply,
in which case the Council will notify the Executor(s) or Administrator(s) that they
must pay the Council’s costs on completion of the Transfer Agreement.
10
PART D CONDITIONS AND REGULATIONS FOR THE USE OF THE SITE
D1.
Licence Fee
The Licensee must pay the Licence Fee in accordance with Regulation B2 and the
Excess Fee (if due) in accordance with Regulation D7 together with any value
added or other tax (if any) thereon.
D2.
The Site
D2.1 Designated Area
The Site shall comprise only that area designated by the Council. The Licensee
must place and retain the Hut in the area designated by the Council. The Hut must
not occupy any other areas and for the avoidance of doubt all parts of the Hut must
fit within the area designated by the Council.
D2.2 Sea Defence Works
The Licensee must not carry out any sea defence works or works to any existing
sea defence works on or in the Site or on or in the adjoining or neighbouring land. If
the Licensee believes that the Site is threatened by inundation or other action of the
sea the Licensee may make an application to the Head of Neighbourhood and
Environment for permission to carry out sea defence works. Such applications will
be assessed by the Council’s coast protection officers. If permission is then given
for any work to be carried out the Licensee must comply with all requirements and
recommendations of the Council subject to which consent is given.
D2.3 Storage of Items
The adjoining open areas on Mudeford Sandbank (including the Beach) are open
space to which the public is permitted to have access at all times. As a member of
the public, a Licensee may temporarily (and for the avoidance of doubt “temporarily”
means no longer than one day) place items on the adjoining open areas provided
that they do not in the opinion of the Council create a hazard or reduce the open
space available to other members of the public. The Licensee must not store or
keep any item or thing on the Beach or any other part of Mudeford Sandbank
outside of the Site. When no person is actually present and using the Hut all items
(including without limitation picnic tables and windbreaks) must be stored within or
beneath the Hut or (unless this is a hinged platform) on the platform.
D2.4 Excavations of Site
The Licensee must not make any excavations whatsoever on the Site or the Beach
except for excavations required to install:D.2.4.1
the Hut foundations (where the Council has given prior written consent for
such works in accordance with the procedure set out in Appendix IV) or
D.2.4.2 a sink soakaway for the Hut in accordance with Regulation D3.9 but the
11
Licensee must not make any excavations to install a sink soakaway
without first obtaining the Council’s prior written approval to the siting and
sinking of any sink soakaway and supplying to the Council a statement of
the method in which the soakaway will be installed.
Whilst carrying out any permitted excavations, the Licensee must provide and
maintain secure perimeter protection and safeguarding around all excavations. For
the avoidance of doubt this Regulation shall not be deemed to prevent the use of
temporary windbreaks, which must be removed at the end of each day.
D2.5 Fencing
Unless the Licensee is required by the Council to erect temporary secure fencing
whilst carrying out permitted excavations of the Site or works to the Hut, the
Licensee must not fence, or erect or place any other form of border demarcation or
plant anything or otherwise enclose the Site without first obtaining the written
consent of the Council. All applications for consent to fence or enclose the Site are
be made and considered in accordance with the Council’s procedure set out in
Regulation D5 and Appendix IV.
D2.6 Access to Site
The Licensee must comply with the Access Policy set out in Appendix V (or any
replacement policy that may be adopted from time to time).
D2.7 Parking
The Licensee must not obstruct the Mudeford Sandbank access road or stand or
park any vehicle on any part of Mudeford Sandbank except as permitted by this
Regulation. The Licensee is permitted to park adjacent to the Mudeford Sandbank
access road for a period not exceeding twenty minutes whilst the Licensee is
actually loading and unloading items only. When parking in accordance with this
Regulation, the Licensee must comply with any requirements of the Head of
Neighbourhood and Environment. The Council may by giving prior written
permission waive or relax the requirements of this Regulation in order to permit a
disabled user of the Hut to park for a longer period of time or in an alternative
designated location. The disabled user must then clearly display the written
permission on the front windscreen of the vehicle at all times whilst it is parked on
Mudeford Sandbank. Permission may be given subject to such other conditions
and requirements as the Council may think fit. The Licensee must comply with all
conditions and requirements subject to which such permission may be given.
D3.
The Hut
D3.1 Timber of the Hut
The Hut (including without limitation the Hut supports) must be constructed with
timber from sustainable sources only and only timber cladding is permitted on the
external walls of the Hut. Recycled timber is permitted (for example: railway
sleepers). For the avoidance of doubt the Council will not require any huts which do
not comply with this Regulation as at 01 April 2008 to comply but except in
exceptional circumstances the Council will require any replacement of such a hut to
12
comply with this Regulation.
D3.2 Size of the Hut
Except where the Council’s records show that the hut was permitted to be in excess
of these dimensions prior to 01 April 2008 the Hut and its components must not
exceed the standard size specified below without the prior written consent of the
Council. All applications for consent are to be made and considered in accordance
with the Council’s procedure set out in Regulation D5 and Appendix IV. The
dimensions of a standard sized hut and its components are unless otherwise stated
all maximum dimensions measured externally and are as follows:D3.2.1
a beach hut measuring 3.048m (10 ft) wide by 4.572m (15 ft) long
occupying a total area of 13.93m² (150 ft2) all dimensions being measured
horizontally between the external faces of externally opposite walls and
including all boarding and surface treatments
D3.2.2
a fixed wholly or partially folding front platform occupying an area of
5.57m² (160 ft2)and not exceeding the width of the beach hut up to a
maximum of 3.048 m (10 ft) and with a maximum projection from the
beach hut wall in an unfolded position of 1.83 m (6 ft) (including all
brackets offsets fixings or supports)
D3.2.3
a gas bottle storage locker occupying an area of 0.75m² (8 ft2) measuring
0.615 m (2 ft) in width and 1.22 m (4 ft) in length and 0.81 m (2 ft 6”) in
height at the front and 1.0m (3ft 3”) height at the rear plus locker supports
to enable ventilation not exceeding 0.225m (9”) in height or a gas bottle
storage locker designed to enable the gas bottles to be stored one above
the other and occupying an area of 0.375m² (4 ft2) measuring 0.615m (2 ft)
in width and 0.61 m (2 ft) in length and 1.62 m (5 ft) in height at the front
and 2.0m (6ft 6”) height at the rear plus locker supports to enable
ventilation not exceeding 0.225m (9”) in height
D3.2.4
a roof pitch not exceeding 40° and in accordance with Regulation D4.2.3
D3.2.5
roof and wall heights as follows:D3.2.5.1 an external wall height (vertically measured from the underside
of the threshold or cill at the principle entrance door to the
springing point of the roof) of 2.210m (7 ft)
D3.2.5.2 a roof construction thickness of 130mm (5“) including all rafters,
boarding, insulation and surface finishes
D3.2.5.3 an overall height from the underside of the threshold or cill at
the principle entrance door to the highest level of the ridge or
apex of the roof of the beach hut not exceeding 3.650m (12ft )
D3.2.6
an eaves projection of 110mm (4”)
Measurements are made in accordance with the principles for measurement
of the Hut and its different components set out in Appendix IX.
13
D3.3 Condition of the Hut
The Licensee must maintain and keep the Hut in good repair and in a safe condition
to the satisfaction of the Head of Neighbourhood and Environment.
D3.4 Decoration
The Licensee must keep the Hut in good decorative order to the satisfaction of the
Head of Neighbourhood and Environment. The Hut must be decorated in one of
the colours permitted by the Council in the Colour Scheme specified in Appendix I.
Decoration can be undertaken either by traditional painting methods or by stains or
other preservative treatments complying with the Colour Scheme specified in
Appendix I. The walls of the Hut must be painted stained or treated in one uniform
colour and the doors windows and barge boards of the Hut must be painted stained
or treated in one uniform colour.
D3.5 Site Number
The Site Number must be clearly displayed at all times above the front door of the
Hut.
D3.6 External Fittings
No external fittings, equipment (including without limitation food safes or containers)
cupboard or other storage are permitted except:D3.6.1
where the Council’s records show that that they were a permitted part of
the Hut prior to 01 April 2008 and
D3.6.2
one gas bottle storage locker complying with Regulation D4.8.
D3.7 Ventilation
The Hut must be properly ventilated. The Licensee must comply with the minimum
requirements of one vent in the floor of the Hut or within 30cm of floor level and a
second vent at the level of the Hut eaves. The minimum size for each vent must be
200mm x 310mm (8” x 12”)
D3.8 Gas Supply and Inspection and Safety of Gas Supply Installations
D3.8.1
A gas supply to the Hut must only be effected using no more than two
external gas bottles stored within an external gas bottle storage locker (of
which one or both may be connected).
D3.8.2
The Licensee must ensure that the gas supply installations are inspected
whenever the Hut is replaced or any alterations are carried out to the Hut
and/or the gas installation or if the Licence is transferred or if the Licensee
hires out the Hut (in which case an annual inspection must be made). All
such inspections must be carried out by an independent competent
CORGI registered inspector. The Licensee must obtain a safety certificate
for the gas installations on any such inspection and must supply a copy to
14
the Council if the hut or gas installation is replaced or altered at the time of
the work, of transfer or on request.
D3.9 Drainage and Soakaways
The Licensee must not install any internal plumbing within the Hut except plumbing
for a sink unit only. All internal drainage must be taken either to a removable
internal container which must be emptied at one of the designated emptying points
at any of the Toilet Blocks on Mudeford Sandbank or to a suitably sized and
positioned soakaway fit for the purpose. The Licensee must obtain the Council’s
prior written consent to the installation of any such soakaway. A combined
soakaway intended to drain more than one beach hut is not permitted. The
soakaway must only be used for the drainage of waste water from the sink unit.
Drainage of foul sewage to a soakway is not permitted.
D3.10 Gutters and Roofwater
D3.10.1 Gutters and downpipes restrict the clear space between adjacent huts.
Except where the Council’s records show that that they were a permitted
part of the Hut prior to 01 April 2008, no gutters or downpipes are to be
fixed to the Hut. Roofwater must spill from roofs directly onto the ground.
D3.10.2 If the Hut has existing permitted gutters and downpipes and the Hut is
subsequently replaced, the Council will not permit the replacement hut to
have any gutters or downpipes except for a microsystem which does not
interfere with the access to or the means of escape from any neighbouring
beach huts. All applications for consent for replacement gutters or
downpipes are to be made and considered in accordance with the
Council’s procedure set out in Regulation D5 and Appendix IV.
D3.10.3 If the existing guttering and downpipes are to be replaced, the Council’s
prior written consent must be obtained. Replacement must be with a
microsystem which does not interfere with the means of access or or the
means of escape from any neighbouring beach huts.
D3.11 Hosepipes
The Licensee must not affix hosepipes to the taps at the sewerage disposal points,
public toilets and the standpipes located on Mudeford Sandbank.
D3.12 Toilets and Water Tanks
D3.12.1 Cassette and chemical toilets are permitted within the Hut. All waste
arising from the toilets must be kept separate from soakaway waste water
from the Hut and be disposed of at the approved sewerage disposal points
at any of the Toilet Blocks on Mudeford Sandbank.
D3.12.2 Without prejudice to the generality of Regulation D3.11, the Licensee must
not use the taps at the sewerage disposal points, the toilets and the
standpipes or any other water supply pipework located on or under
Mudeford Sandbank for the purpose of filling any water tank within the Hut
by means of connecting either permanently or temporarily a hosepipe to
15
the taps or other pipework.
D3.13 Wind Generators
The use of wind generators on the Site is not permitted.
D4.
Alterations
D4.1 Restrictions on Alterations etc
D4.1.1
The Licensee must not:D4.1.1.1
change any dimensions of the Hut or
D4.1.1.2
demolish, move or replace the Hut or
D4.1.1.3
replace the cladding of the Hut or
D4.1.1.4 change the pitch of the roof of the Hut
D4.1.1.5 make any other alterations or additions to the Hut (including
without limitation any component of the Hut) or
D4.1.1.6 fence or enclose the Site
without the prior written consent of the Council. All applications for
consent are to be made and considered in accordance with the Council’s
procedure set out in Regulation D5 and Appendix IV.
D4.1.2
For the avoidance of doubt but without intending to be a complete list the
following are to be deemed to require the Council’s consent under this
Regulation:D4.1.2.1 altering the size or design of the Hut (including without limitation
altering an existing platform, providing or altering any stepped
access or landing to a platform or making any other alteration to
an existing platform or altering an existing gas box or locker) or
D4.1.2.2 constructing a new platform or landing of any description,
platform supports, stepped access or landing or a new gas
bottle storage locker at the front rear or sides of the beach hut
or
D4.1.2.3 increasing any of the dimensions of the Hut including the pitch
of the roof (or any component or other part of the Hut) even if
this will not increase the dimensions of the Site or its
components above the standard meterage size referred to in
Regulation D7.3 or
D4.1.2.4 reducing any of the dimensions of the Hut (or any part of the
Hut) including the pitch of the roof or
16
D4.1.2.5 installing a solar panel.or
D4.1.2.6 altering the glazed area of a hut, or
D.4.1.2.7 increasing or lowering the height of the hut above Ordnance
Survey Datum
D4.1.3
For the avoidance of doubt the Council’s consent would not be given to
the following applications:D4.1.3.1 an application to make any alterations or additions to or
replacement of or change in the dimensions of the Hut which
resulted in an increase in the size of the Hut (except where the
Hut’s dimensions were below the standard meterage size as
specified in Regulation D7.3) or
D4.1.3.2 an application to partially or wholly remove a platform and
construct a larger Hut in its place or
D4.1.3.3 an application to construct a hinged platform.
D4.1.4
If any alterations, additions, demolition, or other works are carried out to
the Hut for which the Council’s prior written consent has not been given,
this is a breach of the Licence. In that event the Council may serve notice
on the Licensee in accordance with Regulation E.1.2 requiring the removal
of any unauthorised alteration or addition, or other works or the carrying
out of works so as to reinstate the Hut to its former condition within such
time period as the Council specify in the notice. The Council may also
charge the Licensee the cost of carrying out any inspections of the Hut to
ensure that the unauthorised alteration addition or other works are
removed or any other works carried out and that the Hut has been
reinstated to its former condition. If the Licensee fails to comply with such
notice then the Licence may be determined by the Council in accordance
with Part E.
D4.2 Roof Pitch
D4.2.1
The Licensee must not alter the existing roof pitch of the Hut except in
accordance with Regulation D4.2.2.
D4.2.2
The Licensee may replace the roof of the Hut subject to the prior written
consent of the Council in the following circumstances:D4.2.2.1 If the existing roof pitch shown in the Council’s records as at 01
April 2008 is between 30° and 40° the Licensee shall replace
the roof to the same roof pitch.
D4.2.2.2 If the existing roof pitch shown in the Council’s records as at 01
April 2008 is below 30° the roof pitch can be raised to 30°.
D4.2.2.3 If the existing roof pitch shown in the Council’s records as at 01
April 2008 is above 45° on the replacement of the roof the roof
17
pitch must be reduced to 40° or less.
D4.2.2.4 If the Hut is being replaced with a standard hut and therefore
has a maximum width 3.048m (10ft) a roof pitch not exceeding
40° may be permissible provided that:D4.2.2.4.1
there is no valid reason why consent should not
be given and
D4.2.2.4.2
the Licensee can demonstrate that the proposed
works would positively contribute to the aims and
objectives
of
the
Mudeford
Sandbank
Management Plan without compromising the
interests of other stakeholders as referred to in the
Mudeford Sandbank Management Plan (including
without limitation where the standard hut
replacement would be smaller in dimensions and
roof pitch than the existing Hut)
D4.2.2.5 If the Hut is being replaced with a hut where the width exceeds
that of a standard hut (3.048m / 10ft) the replacement roof must
have a roof pitch below 40°.
All applications for consent are to be made and considered in accordance
with the Council’s procedure set out in Regulation D5 and Appendix IV
D4.2.3
The maximum roof pitch which may be permitted by the Council is 40° if
the Hut has a width not exceeding 3.048m. If the Hut has a width
exceeding 3.048m the maximum roof pitch which may be permitted by the
Council will depend on the actual width of the Hut but the maximum roof
pitch must be lower than 40°
D4.3 Roof Tiles and Finishes
Replacement roofing of the Hut must be carried out with felt roof tiles unless in
exceptional circumstances the Council’s prior written consent is given to an
alternative type of roofing. Such exceptional circumstances may include without
limitation the felt roof tiles not being available.
D4.4 Glazing
D4.4.1
The Licensee must not install glazing in the Hut except where a standard
window frame can be used to replace an existing glazed unit. In this
event, the existing glazed unit may be replaced by a standard unit of the
same or the nearest smaller available size. The Licensee must not
increase the total glazed area of the Hut as last shown in the Council’s
records.
D4.4.2 All glazing in the door of the Hut or within 300mm (12”) of the door or within
800mm (2 ft 7.5”) of the floor of the Hut must be with safety glazing in
accordance with the Building Regulations Code of Practice for protection
against impact.
18
D4.5 Solar Panel and Electrical Installations
Solar Panel and electrical installations in the Hut are permitted only with the prior
written consent of the Council, subject to:
D4.5.1
The solar panels not exceeding a maximum size of 1000mm x 600mm (3ft
3” x 2 ft) and no more than two solar panels being installed which may be
located on one or both sides of the ridge of the Hut roof, such panels to be
centrally located and surface mounted.
D4.5.2
Where a solar panel does not comply with Regulation D4.5.1, the Licensee
may still apply to the Council for consent to a solar panel exceeding the
maximum permitted size or to be located in a different position on the Hut
roof but whether or not consent is given shall be at the sole discretion of
the Council.
D4.5.3
All electrical installations in the Hut must comply with British Standard
7671 (Institute of Electrical Engineers Regulations) 17th Edition or if
subsequently amended or replaced the British Standard current at the time
of the installation. Electrical installations may only be installed or changed
in any way by:D4.5.3.1 A competent and registered person
D4.5.3.2 A competent but not registered person
D4.5.3.3 A domestic person provided that the inspection and certification
of the installation is carried out by a person in the categories
described in D4.5.3.1 or D4.5.3.2.
A competent person shall be taken to be a person who has demonstrable
competencies (relating to electrical installations being installed, tested,
inspected and certified) under the approved competent persons scheme
run by a professional, independent or trade association or organisation
such as BSI, BRE, ELECSA Ltd, NAPIT or NICEIC
D4.5.4
All electrical systems in the Hut must be tested, inspected and certified
safe to use prior to use in accordance with the BS7671 (Institute of
Electrical Engineers Regulations) 17th Edition or if subsequently amended
or replaced the British Standard current at the time of the installation. The
certification must be in a form approved by the Council and for this
purpose the Model Form contained within the BS7671 Regulations is
acceptable.
D4.5.5
Without prejudice to Regulation D4.5.4, the Licensee must obtain a safety
certificate for the solar panel and electrical installations on any subsequent
inspection and must supply a copy to the Council if the Hut, solar panel or
electrical installation is replaced or altered at the time of the work, or on
the transfer of the Licence or on request.
D4.5.6
All applications for consent for any solar panel or electrical installations are
19
to be made and considered in accordance with the Council’s procedure
set out in Regulation D5 and Appendix IV.
D4.6 Replacement Cladding to Hut
All replacement cladding of the Hut must be with timber from sustainable sources
only. Where any wall of the Hut is sited within 1.0m (one metre) of another beach
hut, such wall must have an internal minimum fire retardant level of one half hour
(whether by using masterboard or other materials of an equivalent fire retardant
nature within the Hut).
D4.7 Floor Levels
D4.7.1 If so required by the Council, the Licensee shall raise or lower the floor level
of the Hut in relation to Ordnance Survey Datum at the Licensee’s own
expense. For the avoidance of doubt such request shall not be made
unreasonably and the Council will when making such a request give its
reasons for requiring the floor level of the Hut to be raised or lowered
D4.7.2
The Licensee must obtain the Council’s prior written consent before raising
or lowering the floor level of their hut in relation to Ordnance Survey
Datum point. Any application for consent must contain a reason for the
request and for the assistance of the Licensee the main reasons are listed
below:D4.7.2.1 Defence against possible risk of flooding. (If the Hut has been
identified as possibly not being defended against the risk of
flooding consent may be given to raise the floor level in
accordance with guidance issued by the Council).
D4.7.2.2 Defence against temporarily wind blown sand. (The Mudeford
Sandbank Management Plan does not enable the Council to
grant any consent to raise hut floor levels to defend against
wind blown sand).
D4.7.2.3 Raising of floor levels to defend against dune encroachment.
(The Council recognises that the development of dunes has a
positive effect in stabilising and protecting the Beach and that a
side effect of this could be a build up of sand adjacent to
particular huts).
D4.7.2.4 Raising floor levels to be comparable with adjacent huts.
(Consent would not normally be given for this except where the
raising of the floor levels of adjacent huts may have been
undertaken to defend against the possible risk of flooding or if
there are other mitigating circumstances which the Council
considers applicable).
D4.7.2.5 Raising of floor levels to increase the amount of storage under
huts. (Increasing levels of storage is regarded as intensification
of use and the raising of the floor level of the Hut which could
lead to a possible increase in storage areas under the Hut will
20
not be permitted).
D4.8 Storage Lockers and Gas Bottles
D.4.8.1 Any locker for which consent is given by the Council:D4.8.1.1
must only be used for the express purpose of storing up to two
gas bottles and
D4.8.1.2 must not exceed:D4.8.1.2.1
a maximum size of 0.615 m (2ft) in width and
1.22 m (4ft) in length and 0.81 (2ft 8”) metres in
height at the front and 1.0m (3ft 3”) in height at
the rear plus locker supports not exceeding
0.225m (9”) high to enable ventilation or
D4.8.1.2.1
(if designed to enable the gas bottles to be
stored one above the other) a maximum size of
0.615m (2 ft) in width and 0.61 m (2 ft) in length
and 1.62 m (5 ft) in height at the front and 2.0m
(6ft 6”) height at the rear plus locker supports to
enable ventilation not exceeding 0.225m (9”) in
height
except where the Council’s records show that that they were a
permitted part of the Hut prior to 01 April 2008 and
D4.8.1.3 must be constructed in accordance with Appendix II and
D4.8.1.4 must be of a minimum half hour fire proof resistant construction
and be properly ventilated and
D4.8.1.5 must only be accessed externally.
D.4.8.2 Any area within a locker which is used to store items of a flammable
nature must be properly separated from the remainder of the locker.
D4.9 Platforms Stairs and Landings
D4.9.1
A platform must not exceed the width of the hut.
D4.9.2
Any wholly or partially hinged platform for which consent has been given
by the Council before 01 April 2008 must be of a type that when raised up
will be clear of the Beach (which for the avoidance of doubt means that no
legs or other supports, lockers or any other part of the platform structure
must rest on the Beach) and the area beneath the platform must be free of
any obstruction. For the avoidance of doubt no new hinged platforms will
be permitted after 01 April 2008. If the Hut has an existing hinged platform
and is subsequently replaced, the Council will not permit the replacement
hut to have a hinged platform.
21
D5.
D4.9.3
Concrete or other such solid platforms and platform supports are not
permitted.
D4.9.4
When stored in a vertical position, the platform must be securely fixed and
must not have any projecting parts (including without limitation any
projecting legs and supports). When folded in a vertical position, all legs
and supports must pivot from the horizontal to the vertical angle and must
be able to be stored within the platform.
D4.9.5
A guard railing must be provided for a platform of a height of 600mm (1ft
11”) or higher above ground level. Such guard railing must be safe and
secure and capable of preventing both adults and children from falling
over or through it. The Licensee must obtain the Council’s prior written
consent to the type and size of guard railing. Guard railing for a hinged
platform must be of a removable type. Guard railing for a platform which is
lower than 600mm (1ft 11”) above ground level will not be permitted unless
the Council in exceptional circumstances gives prior written consent.
D4.9.6
Subject to the Council’s prior written consent a landing outside a main or
secondary door to the Hut may be permitted. A permitted landing must not
exceed the width of the doorway and an additional maximum width of
150mm (6”) for any hand railing or guarding. A landing must not project
from a hut by more than 915mm (3 ft). Any landing will be regarded as an
additional platform and the dimensions will be included for the purposes of
calculating any excess meterage charge.
D4.9.7
Subject to the Council’s prior written consent staircases may be permitted
to access a platform and landing from the Beach
D4.9.8
A permitted staircase to a platform may consist of two or more steps and
must be of a maximum width not exceeding the width of the main entrance
door to the Hut or 1500mm (4 ft 11”) whichever is the wider. Staircases
wider than these are not permitted except where the Council’s records
show that that they were a permitted part of the Hut prior to 01 April 2008
or the Council has given consent in order to facilitate disabled access to
the Hut.
D4.9.9
A permitted staircase to a landing may consist of two or more steps and
must be of a maximum width not exceeding the width of the secondary
door to the Hut or 915mm (3 ft) whichever is the larger
Application for Consent for Works
D5.1 Application
D.5.1.1 All applications for consent for any works or alterations to the Hut must be
made in writing by the Licensee on an application form which must be
obtained from the Council.
D5.1.2
All applications must be prepared to professional standards and must
include the following:22
D5.1.2.1 details of the existing Hut materials and all materials to be used
in the proposed works
D5.1.2.2 all existing and proposed dimensions of the Hut (including the
pitches of the Hut roof)
D5.1.2.3 the floor heights in relation to Ordnance Survey Datum of the
Hut before and after the proposed works
D5.1.2.4 the proposed method of construction
D5.1.2.5 a full scale drawing at not less than 1:50 scale of the existing
Hut dimensions and layout and the proposed alterations
(including without limitation a site plan, a floor plan, Hut
elevations, cross-sections and details of the Hut construction
including without limitation details of the roof construction,
eaves and verge, the wall and floor construction, the glazed
areas and hut supports)
D5.1.2.6 the precise location of the adjacent huts in relation to the Hut
both before and after the proposed alterations and
D5.1.2.7 evidence that any features and fittings of the Hut for which
consent would not now normally be given were in existence
prior to 01 April 2008.
D5.1.3
The application must indicate that the Licensee has considered these
Terms Conditions and Regulations in making the application and will
comply with these in carrying out any works for which the Council’s
consent is given.
D5.1.4
The Licensee must pay the standard processing fee to the Council at the
time the application is made.
D5.1.5
All applications for the replacement of Huts should be made on a like for
like basis except as provided for in the Terms Conditions and Regulations.
D5.2 Supporting Information
D.5.2.1 In the event of any discrepancy between the information given on the
application form and in any supporting information, the Council will rely on
the information given on the application form.
D5.2.2
In the event of any material discrepancy between the information given on
the application form and in any supporting information, the Council may
decide that any consent which it has given in connection with that
application was not validly given and the works or alterations will then be
unauthorised. The provisions of Regulation D4.1.4 will then apply.
D5.2.3
In the event of any discrepancy between the information given by the
Licensee and the Council’s records the Council’s records shall take
23
precedence as a true and accurate record. This shall apply even if the
existing hut has been wholly or partially demolished or removed.
D5.3 Incomplete Applications
Any incomplete applications will be returned to the Licensee. A complete application
containing any information previously omitted must be submitted within fourteen
days thereafter and if not so submitted the provisions of Paragraph A3 of Appendix
IV will apply.
D5.4 Procedure
The Council will consider all applications on their merit in accordance with the
Mudeford Sandbank Management Plan, these Terms Conditions and Regulations
and, any applicable statutory provisions in force from time to time. All applications
will be considered in accordance with the Procedure set out in Appendix IV.
D5.5 Other Permissions Approvals and Consents
If the Council’s consent is given to the application, this is permission given by the
Council as licensor only and does not confer, infer or imply any other permission
approval or consent for any works. The Licensee must obtain all necessary
permissions consents and approvals required to carry out the works and must
comply with all conditions subject to which any consent is given.
D5.6 Guidance Notes
Guidance notes on alterations and other works to the Hut and the consents required
from the Council are set out in Appendix X. These guidance notes are intended for
the assistance of the Licensee only. These guidance notes do not form part of the
Terms Conditions and Regulations and are not to be taken into account in the
construction or interpretation of the Terms Conditions and Regulations.
D6.
Conditions for Carrying Out Works
D6.1 Commencement of the Works
The Licensee must give the Council at least 14 days written notice prior to the
commencement of any works (including demolition or removal of the Hut) to enable
the Council to inspect the Site or the works being carried out prior to
commencement of the works or during the period whilst they are being carried out.
D6.2 Timing of Works
Except as permitted under Regulation D6.3 all works or alterations to the Hut must
only be carried out and completed during the period between 01 October and either
the following 31 March or if this Licence is renewed the following 30 April all such
dates being inclusive (“permitted period”). For the avoidance of doubt, all works
and alterations must be carried out within one permitted period and must not be left
unfinished at the end of the permitted period.
24
D6.3 Completion of Works
The Licensee must complete all works for which consent has been given by the
Council within a permitted period as specified in Regulation D6.2 and:D6.3.1
either within three months from the date consent is given or
D6.3.2
by the Thirty First day of March next following the date consent is given or
if this Licence is renewed by the Thirtieth day of April next following the
date consent is given
whichever is the sooner.
Within 14 days of the completion of any works, the Licensee must notify the Council
in writing that the works have been completed and if required to do so must
thereafter provide access at a time suitable for the Council to enable the Council to
inspect the works.
D6.4 Emergency Works
Emergency works to the Hut may be carried out at any time but the Licensee must
keep all such works to the minimum necessary to secure the Hut and make it safe
for use. The Licensee must confirm the nature and extent of the emergency works
and must supply evidence to the Council to prove the necessity for the emergency
works to be carried out.
D6.5 Waste Materials
D6.5.1
All waste materials arising from the carrying out of any works to or
alterations to the Hut must be removed from the Site and the Beach and
must be properly and safely disposed of at the Licensee’s expense.
Waste materials must be disposed of either by the Licensee or removed
by a licensed waste carrier to a licensed waste disposal point.
D6.5.2
Where applicable the Licensee must also comply with the provisions of
Regulation D6.8.
D6.5.3
When any works or alterations to the Hut are being carried out the
Licensee must provide at the Licensee’s expense a suitable receptacle for
waste materials at a location to be first approved by the Council.
D6.5.4
The Licensee must first obtain the Council’s approval to any access
arrangements for waste disposal.
D.6.5.5 The Licensee must not deposit or leave any waste materials arising from
the carrying out of any works or alterations to the Hut within or adjacent to
any Council waste receptacle or enclosed area or any other part of
Mudeford Sandbank.
D.6.5.6 The Licensee must not deposit or leave any waste, furniture, fitting or any
other item or materials within or adjacent to any Council waste receptacle,
enclosed area or any other part of Mudeford Sandbank unless the Council
25
may at any time have provided or promoted facilities for beach hut owners
to deposit or leave any of these items.
D6.6 Deposits on Beach
D6.6.1
No waste materials should be left on the Beach but must immediately be
placed in the receptacle to be provided under Regulation D6.5. In
particular no sharp objects (including without limitation glass and nails)
should be left on the Beach.
D6.6.2
Materials no longer required in connection with the works or alterations
must not be kept or stored on the Beach or beneath the Hut.
D6.7 Access for Works
Access to the Beach for carrying out any building works must only be in accordance
with the Access Policy set out in Appendix V (or any replacement policy that may be
adopted from time to time).
D6.8 Asbestos Containing Materials or any other dangerous or toxic substance
Without prejudice to the generality of Regulation D6.5 prior to carrying out any
demolition of or other works or alterations to the Hut to take appropriate care to
identify and quantify any asbestos containing materials and to deal with and remove
asbestos containing materials (if any) or any other toxic or dangerous substance or
materials forming part of the Hut any such removal only to be undertaken by a
specialist contractor at the Licensee’s own expense.
D6.9 Other conditions
D7.
D6.9.1
The Licensee must comply with any other conditions subject to which
consent to the works or alterations to the Hut is given by the Council.
D6.9.2
Without prejudice to the provisions of D6.9.1 the Licensee must ensure
that its contractors and agents comply with any conditions subject to which
consent to the works or alterations to the Hut is given by the Council.
Excess Fee
D.7.1 An Excess Fee is payable if the dimensions of the Site or any of the components of
the Site when measured exceed the standard meterage size. The Excess Fee is
part of the Licence Fee and will normally be included in the amount of the Licence
Fee payable in accordance with Regulation B2. If any additional Excess Fee shall
become payable then this must be paid in accordance with Regulation D7.5
D7.2 The Excess Fee is to be such sum as may be determined from time to time by the
Council and is to be calculated according to the size of the Hut and its components
as recorded in the Council’s database.
D7.3 The Council has defined the standard meterage size of the Site as a total area of
20.25m² (218 ft²) comprising the following components:26
D7.3.1
a beach hut occupying a total area of 13.93m² (150 ft2)
D7.3.2
a platform occupying an area of 5.57m² (60 ft2) and
D7.3.3
a gas bottle storage locker occupying an area of 0.75m² (8 ft2) measuring
0.615 (2 ft) m in width and 1.22 m (4 ft) in length and 0.81 m (2 ft 8”) in
height at the front and 1.0m (3ft 3”) in height at the rear plus locker
supports not exceeding 0.225m (9”) high
When the Site is measured, the measurement will be made of the area of land
occupied by all parts of the Hut (including without limitation platform(s), landing(s)
gas boxes and locker(s) whether or not they touch the ground). For the avoidance
of doubt if a gas bottle storage locker designed to enable the gas bottles to be
stored one above the other has been installed the measurement will be made as if
the gas locker were a standard size gas bottle storage locker.
D7.4 The Excess Fee will be calculated from the measurements made by the Council in
accordance with the provisions of Regulation D17.2.1. Measurement of the Hut and
its components will be made in accordance with the principles set out in Appendix
IX.
D7.5 If on any measurement carried out by the Council it is found that the dimensions of
the Hut or any of its components exceed those recorded in the Council’s database,
any additional Excess Fee is payable for the whole Licence Period and the
Licensee will also be required to reimburse the Council the cost of carrying out the
inspection and measurement of the Hut. The Licensee must pay the additional
Excess Fee and inspection/measurement cost within 14 days of this being
demanded by the Council.
D7.6 Provided that Regulation D7.5 does not apply, no alterations to the dimensions of
the Site or its components carried out after any re-measurement by the Council
(whether an increase or a reduction in the dimensions of the Hut) will be taken into
account for the purposes of calculating the Excess Fee until the commencement of
the following Licence Period.
D7.7 For the avoidance of doubt nothing in this Regulation 7 shall be construed as giving
consent to any increase in the dimensions of the Site or of any of its components.
The Council’s consent must be obtained in accordance with the Council’s procedure
set out in Regulation D5 and Appendix IV. The provisions of this Regulation 7 are
without prejudice to the Council’s rights and remedies in respect of any failure by
the Licensee to obtain such consent.
D8.
Boats
D8.1 Permitted Boats
D8.1.1 For the purposes of this clause the “Beach” shall be construed as including all of
that part of the Mudeford Sandbank above mean low water mark including the Site
and the “Harbour” shall be construed as meaning all that part of Christchurch
Harbour below mean low water mark.
27
D8.1.2 The Licensee is permitted to keep one boat only on the Beach. For the purposes of
this Regulation D8 a boat means either a monohull not exceeding 4.87 metres (16
feet) in length excluding any outboard engine which may project beyond the
transom of the boat, a sailboard, a kayak or other such similar vessel. The Council
may at its sole discretion grant permission for the Licensee to keep one additional
boat only on the Beach subject to payment of an additional fee. The Licensee must
display on all boats permitted to be kept on the Beach the appropriate permit(s)
supplied by the Council. Such boats must be fit for use and a derelict boat is not
permitted to be kept on the Beach. To assist the Council in monitoring the Beach,
the Licensee must supply to the Council a colour photograph and description of the
boat(s) permitted to be kept on the Beach. Any boat permitted to be kept on the
Beach must belong to the Licensee. The Licensee must not keep on the Beach any
boat other than a boat permitted under this Regulation.
D8.1.3 If the Licensee permits a boat to be moored below the mean low water mark of the
Beach this will be deemed to be moored within the harbour for which a separate
licence must be obtained from the Council and this arrangement does not form part
of the Licence of the Hut. If the Licensee is granted a licence to moor a boat within
the harbour, the Licensee should display the appropriate permit(s) because any
boat not displaying the appropriate permit will be considered to be unauthorised and
illegally moored and may be removed in accordance with Regulation D8.2.
D8.2 Unauthorised Boats
The Council may remove any unauthorised boat (including without limitation any
boat not displaying the appropriate permit in accordance with Regulation D8.1 or a
boat which has not been removed on the expiration or determination of the Licence)
from the Beach or the harbour. The Council shall (subject to compliance with
statutory provisions) be entitled to sell or otherwise dispose of any unauthorised
boat and recover (by way of deduction from the proceeds thereof or otherwise) from
the boat owner its costs and expenses incurred in the removal storage sale or other
disposal of the unauthorised boat.
D8.3 Trailers
Nothing in this Regulation D8 shall be construed as permitting any boat to be
brought to the Beach by trailer or the storage of any trailer on the Beach or in the
Hut.
D8.4 Third Party Liability Insurance for Boat(s)
The Licensee must keep in force at all times a current marine insurance policy in
respect of any boat or boats permitted by the Council to be kept on the Beach by
the Licensee and must insure against all third party liability in respect of any such
boat or boats with a reputable insurance company. If required to do so by the
Council the Licensee must produce a copy of any such policy for inspection by the
Council.
D9.
Overnight Use
Any use of the Hut between the hours of 11pm and 5am (inclusive) during the
period from 01 November to 28 February or in a Leap Year 29 February (inclusive)
28
is absolutely prohibited.
D10. Nuisance and Restrictions
D10.1 Nuisance
The Licensee must not do or omit or permit or allow anything to be done or omitted
on the Site or any part of the Site which may be or become a nuisance or
annoyance or cause damage or inconvenience to the Council its tenants or
licensees or other users of the Beach.
D10.2 User
The Licensee must use the Hut as a beach hut only and for no other purpose
whatsoever.
D10.3 Clothes Lines
The Licensee is not permitted to erect a clothes line of any description whether
attached to posts or to beach huts.
D10.4 Clean and Tidy Condition
D10.4.1 The Licensee must keep the Hut the Site and immediate surrounds in a
clean and tidy condition free from any deposits of rubbish or litter.
D10.4.2 The Licensee must not drop place or deposit rubbish or litter on the Beach
except that domestic refuse may be placed in any proper rubbish
receptacles there may be (if any).
D10.5 Vegetation
The Licensee must not damage, remove or plant any vegetation on the Beach or
within any receptacle on the Beach.
D10.6 Notices
D10.6.1 The Licensee must not affix or retain on the Site or the Hut (including
without limitation the windows of the Hut) any poster notice or
advertisement of any description without first obtaining the consent of the
Head of Neighbourhood and Environment except notices permitted under
Regulation D10.6.2.
D10.6.2 The Licensee may affix to the Hut
D10.6.2.1 a Mudeford Sandbank Beach Hut Association membership
sticker
D10.6.2.2 a notice that the Hut is for sale or available to hire
D10.6.2.3 a Mudeford Sandbank Beach Hut Association event notice and
29
D10.6.2.4 a Notice of Proposed Alteration in accordance with Appendix IV
subject to such notices not exceeding A4 in size and to no more than a total
of two notices being displayed on the Hut at any one time.
D10.7 Fires
No fires must be lit either in the Hut or on the Beach.
D10.8 Trading
No trade business manufacture or profession shall be carried on by the Licensee
either from the Hut or the Beach.
D10.9 Dogs and other Animals
The Licensee must keep any dog or other animal brought onto the Site or the
Beach under proper control at all times. Any faeces deposited by the dog or other
animal must be removed immediately and disposed of in a proper and reasonable
manner.
D11
Mudeford Sandbank Management Plan
The Licensee must comply with the Council’s Mudeford Sandbank Management
Plan (as may from time to time be amended or varied by the Council).
D12
Statutory Requirements
The Licensee must comply with all statutory requirements arising in connection with
or affecting the Hut and must not do or omit to do any act matter or thing which
would or might constitute a breach of any statutory requirement affecting the Hut.
D13. Sub-Licensing
D13.1 The Licensee must not sub-licence or part with the benefit of the Licence or any part
of it except as permitted under Regulation D13.2.
D13.2 The Licensee may hire out the use of the Hut by way of temporary licence only
provided that such hiring does not amount to the carrying on of a business and
subject to the Licensee ensuring that any person given permission to use the Hut
complies with all relevant Terms Conditions and Regulations. For the avoidance of
doubt the Licensee is not permitted to hire out the right granted by Regulation
D8.1.2.
D14. Insurance
Insurance of the Hut and its contents and for any boat or boats permitted by the
Council to be kept on the Beach by the Licensee is the responsibility of the
Licensee.
30
D15. Indemnity
The Licensee must indemnify the Council and keep the Council indemnified from
and against all losses claims demands actions proceedings damages costs
expenses or other liability arising in any way from the Licence or any breach of the
Terms Conditions and Regulations.
D16. Declaration of Interest
The Licensee must notify the Council of the name and address of any other person
having an interest in the Hut.
D17. Council’s Entitlements
D17.1 Relocation of Hut
The Council shall be entitled by giving notice in writing to the Licensee to require
the Licensee at his own expense to re-site the Hut to such alternative location as
the Council may in its absolute discretion designate. The Licensee must complete
the relocation of the Hut during such time period as the Council may reasonably
specify.
D17.2 Inspection and Measurement of Site and Hut by the Council
D17.2.1 The Council shall be entitled to inspect and to measure the Site and the
Hut and its components from time to time whenever the Council shall in its
sole discretion decide during the Licence Period:D17.2.1.1 to ensure that the Council’s records are kept up to date
D17.2.1.2 to ensure that the Licensee has complied with the Terms
Conditions and Regulations
D17.2.1.3 for the purpose of calculating any additional Excess Fee
payable under Regulation D.7
D17.2.1.4 for the purpose of inspecting the condition of the Hut
D17.2.1.5 to ensure that the ownership of the Hut has not been unofficially
transferred and/or
D.17.2.1.6 for any other reason.
Measurement of the Hut and its components will be made in accordance
with the principles set out in Appendix IX.
D17.2.2 If, in the Council’s opinion, the Hut is dilapidated or otherwise unfit or
unsuitable, the Council shall be entitled to terminate the Licence in
accordance with Part E below.
31
D17.3 Items found on the Beach
For the avoidance of doubt (save as otherwise provided in the Licence and subject
to compliance with statutory provisions) the Council shall be entitled to remove
immediately from the Beach any items found on the Beach which appear to the
Council to have been abandoned or left on the Beach and which would either be a
safety hazard or affect the visual amenity of the Beach.
D17.4 New Terms Conditions and Regulations
D17.4.1 The Council shall be entitled to vary or delete any of the Terms Conditions
and Regulations or introduce new Terms Conditions and Regulations by
notice to the Licensee.
D17.4.2 The Licensee must comply with any additional Term Condition and
Regulation which may be imposed by the Council during the Licence
Period.
32
PART E TERMINATION OR EXPIRATION OF LICENCE
E1.
Notice
The Licence may be determined (without prejudice to the Council’s other rights and
remedies in respect of any breach by the Licensee of the Terms Conditions and
Regulations):-
E1.1 by one month’s written notice given to the Licensee by the Head of Neighbourhood
and Environment at any time and on the determination of the Licence under this
sub-regulation, the Licensee shall be entitled to a refund of a proportionate part of
any Licence Fee paid in advance or
E1.2 immediately on written notice given by the Council if the Licensee fails to remedy
any breach (capable of remedy) of the Licensee’s undertakings contained in the
Licence after being required to remedy such breach by notice in writing from the
Council specifying the breach and requiring it to be remedied within the time
specified in the notice
E1.3 immediately on written notice given by the Council following any breach of the
Licensee’s undertakings contained in the Licence which in the opinion of the
Council is incapable of being remedied and is stated so to be in the notice given by
the Council.
E2.
Removal of the Hut
E2.1 On the expiration of the Licence (if not renewed) or on receipt of a written notice
from the Council to determine the Licence, the Licensee must remove the Hut from
the Site and re-instate the Site to the satisfaction of the Council and in accordance
with all requirements of the Council. The Hut must be removed from the Site either:E2.1.1
by the date of expiration of the Licence Period or
E2.1.2
within 21 days after the date that the notice terminating the Licence takes
effect
as the case may be.
E.2.2 If the Hut is not removed from the Site and the Site is not re-instated in accordance
with Regulation E2.1, the Council shall be entitled to remove the Hut from the Site
and re-instate the Site and recover the cost of so doing from the Licensee. The
Council shall not be responsible for any damage caused by the taking down and
removal of the Hut from the Site. The Council shall then (subject to compliance with
statutory provisions) be entitled to sell or otherwise dispose of the Hut and recover
(by way of deduction from the proceeds of sale or otherwise) from the Licensee its
costs and expenses incurred in the removal storage sale or other disposal of the
Hut.
33
E3.
Removal of Boat(s)
On the expiration of the Licence (if not renewed) or on the determination of the
Licence by the Council, the Licensee must remove from the Beach any boat
permitted by the Licence to be kept on the Beach. Any boat not so removed will be
treated as an unauthorised boat for the purposes of Regulation D8.2.
34
PART F - NOTICES PROVISOS DEFINITIONS AND INTERPRETATION
F1.
Notices
F.1.1 All notices given by the Council to the Licensee must be in writing and are to be
sufficiently served if delivered by hand or sent by recorded delivery to the Licensee
at his last known address or if affixed to the Hut. For the avoidance of doubt notice
served on the Licensee is to be deemed to be notice given to any other person
having any interest in the Hut.
F.1.2 All notices given by the Licensee to the Council must be in writing and are to be
sufficiently served if delivered by hand or sent by recorded delivery to the Head of
Neighbourhood and Environment at the Council Offices.
F2.
Provisos
F2.1 Council’s Liability
The Council is not to be liable for the death of or injury to any person or for damage
to any property or for any losses claims demands actions proceedings damages
costs or expenses or other liability incurred by the Licensee arising in any way out
of the grant of the Licence except any such liability arising from the negligence of
the Council.
F2.2 No Warranty
The Council gives no warranty that the Site is legally or physically fit for the
purposes for which the Licence is granted.
F2.3 Licensee
The Site shall be occupied and used as licensee and no tenancy is to be conferred
on the Licensee.
F2.4 Benefit of Licence
The benefit of the Licence is personal to the Licensee.
F2.5 Third Party Rights
F2.5.1 For the purposes of the Contracts (Rights of Third Parties) Act 1999 and
notwithstanding any other provision of the Licence, the Licence is not
intended to and does not give any third party any right to enforce any of its
provisions.
F2.5.2 Without prejudice to the generality of Regulation F2.5.1, any right created by
implication that a third party may have to enforce the provisions of the
Licence may be rescinded or varied by the parties to the Licence without the
consent of any such third party.
35
F2.5.3 For the purposes of this Regulation, the expression “third party” means any
person other than a party to the Licence or a lawful successor to such a
party.
F2.6 Data Protection
The Licensee agrees and consents that all information supplied to the Council in
connection with the Licence can be used by the Council for the purpose of
supplying information to the Licensee and for statistical or other Council purposes.
F3.
Definitions
In this Handbook the following expressions have the meanings given in this
Regulation:-
F3.1 “Beach” means Mudeford Sandbank Christchurch/Bournemouth Dorset.
F3.2 “Boat(s)” means the boat or boats permitted by the Licence to be kept on the
Beach.
F3.3 “Commencement Date” means the commencement date of the Licence.
F3.4 “the Council” means The Borough Council of Christchurch of Civic Offices, Bridge
Street, Christchurch, Dorset, BH23 1AZ.
F3.5 “the Council’s records” includes its databases of the dimensions and features of
the Hut
F3.6 “Handbook” means this Handbook containing the Terms Conditions and
Regulations.
F3.7 “the Head of Neighbourhood and Environment” means the Council’s Head of
Neighbourhood and Environment for the time being or other officer of the Council
authorised to act on behalf of or instead of the Head of Neighbourhood and
Environment.
F3.8 “household” means persons living at the same address.
F3.9 “Hut” means the beach hut permitted by the Licence to be placed on the Site and
includes any platform, gas box or locker, landing and stairs and all permitted
alterations and additions.
F3.10 “Licensee” means the licensee of the Hut.
F3.11 “Licence” means the Licence of the Hut
F3.12 “Licence Fee” means the annual sum payable for the rights granted by the
Licence.
F3.13 “Licence Period” means the period from the Commencement Date to the following
31 March.
36
F3.14 “the Site” means the site specified in the Licence.
F3.15 “standard hut” means a standard sized hut as defined in Regulation D3.2.
F3.16 “Terms Conditions and Regulations” means the Terms Conditions and
Regulations contained in this Handbook subject to which the grant of the Licence is
made and any amendment or addition thereto which may be made from time to time
and notified to the Licensee.
F3.17 “Transfer Agreement” means an Agreement to be in the form set out in the
Appendix specified below:F3.17.1 in the case of a transfer to a son or daughter of the Licensee (other than a
beneficiary) in Appendix VII or
F3.17.2 in the case of a transfer to a son or daughter beneficiary of the Licensee in
Appendix VIII or
F3.17.3 in any other case in Appendix VI
(or any replacement form of Agreements that may be substituted therefor by the
Council from time to time).
F3.18 “working day” means any day from Monday to Friday (inclusive) which is not
Christmas Day Good Friday or a statutory bank holiday.
F4.
Interpretation
F4.1 Where the Licensee comprises two or more persons obligations expressed or
implied to be made by or with the Licensee are deemed to be made by or with the
Licensee jointly and severally
F4.2 Wherever the context admits in the Licence words importing one gender include all
other genders and words importing the singular include the plural and vice versa.
F4.3 Any agreement by the Licensee not to do anything includes an obligation to use
reasonable endeavours not to permit or suffer that thing to be done by another
person and without prejudice to the generality hereof the Licensee shall at all times
be responsible for the good behaviour of all persons using the Hut.
F4.4 For the avoidance of doubt the imperial measurements given in the Terms
Conditions and Regulations are for information purposes only and the metric
measurements shall prevail.
F4.5 All measurements taken of the Hut and its components for the purposes of these
Terms Conditions and Regulations are to be exact measurements.
F4.6 Any reference to a specific statute includes any statutory extension or modification
amendment or re-enactment of that statute and any regulations or orders made
under it.
37
F4.7 Any reference in the Terms Conditions and Regulations without further designation
to any Regulation Part or Appendix shall be construed as a reference to the
Regulation Part or Appendix of the Terms Conditions and Regulations so
numbered.
F4.8 The Terms Conditions and Regulations headings do not form part of the Licence
and must not be taken into account in its construction or interpretation.
F4.9 Except as provided in Regulations D5.6 and F4.8 this Handbook and the Terms
Conditions and Regulations are to be deemed to form part of the Licence.
38
APPENDIX I
BEACH HUTS – APPROVED COLOUR SCHEMES
The named colour description shown below is to be used as a guide only as the names will
differ according to paint or stain manufacturer. However the British Standard Colour
(BSC) number will ensure the same colour paint or stain irrespective of manufacturer.
Walls
Glazed doors, windows and
barge boards
B.S.C.
B.S.C.
1.
Deep Green 14C39 or 12D45
Yellow or Cream
2.
Pale Blue
16C33 or 20C33
Silver Grey or White 00A01 or 10B15
3.
Mid Green
12D43 or 12C33
Off White/Cream
10B15 or 10C31
4.
Grey
00A05 or 10A03
or 22B17
Broken White/Off
White
08B15 or 10B15
5.
Stone
06C33 or 04B17
Off White
10B15 or 10C31
6.
Dark Blue 20D45
7.
White 22B15
White
10E49 or 10C33
22B15
There is no correlation between the above lists.
Subject to the Licensee obtaining the prior written consent of the Council, a timber
treatment in the natural colour of the wood of the Hut or a timber treatment in the colour of
the wood of a tree native to England may also be permitted.
39
APPENDIX II
SPECIFICATION FOR GAS BOX
Recommended by Calor Gas Ltd, CORGI and Dorset Fire and Rescue Services for the
use of Butane or Propane gas cylinders by Beach Hut occupiers (based upon B.S. 5482
and CORGI Guidelines)
1. Cylinders must be sited within a gas storage locker. The gas storage locker should
be sited behind rather than underneath or alongside the structure, positioned so
that there is an unhindered escape route from the rear access of the Hut. Cylinders
must be sited on a flat, level base so as to remain upright. As far as possible they
are to be protected from weathering, extremes of temperature and disturbance by
animals, children or vehicles. The locker must be lockable and secure.
2. The housing structure must have at least 30 minutes fire resistance and both lower
and upper ventilation to protect against build-up of leaking gas in the structure. All
ventilation is to be kept clear and unobstructed at all times
3. Except if Paragraph 4 below applies, the maximum allowable size for a gas locker is
0.75 m² (8 ft²), with the accepted best design being 1.22m (4 ft) in length by 0.615m
(2 ft) in width (or projection) and 0.8m (2 ft 8”) height at the front and 1.0m (3ft 3”)
height at the rear with a sloping top. To assist with lower ventilation, the bottom of
the storage locker may be raised upon supports which lift the bottom no more than
0.225m (9”) above the sand or ground level, provided that the area enclosed by the
supports the bottom of the locker and the sand or ground level is kept clear and
unobstructed.
4. A gas bottle storage locker may be designed to enable the gas bottles to be stored
one above the other with the design being 0.61m (2 ft) in length by 0.615m (2 ft) in
width (or projection) and 1.62 m (5 ft) in height at the front and 2.0m (6ft 6”) height
at the rear with a sloping top. To assist with lower ventilation, the bottom of the
storage locker may be raised upon supports which lift the bottom no more than
0.225m (9”) above the sand or ground level, provided that the area enclosed by the
supports the bottom of the locker and the sand or ground level is kept clear and
unobstructed.
5. Gas lockers are solely for the storage and positioning of either two 15kg Butane or
two 19kg Propane gas bottles and their associated regulator(s), automatic switch
over devices and any associated taps for individual gas circuits and not for any
other purpose or storage.
6. Before constructing a gas locker, please contact Property and Engineering Services
Business Unit on 01202 495000, who will be glad to advise licensees on the
construction and siting of the locker. Typical construction details for a gas locker as
described in Paragraph 3 above are given below.
40
Typical Construction Details for Gas Lockers
Locker
supports
1.25m maximum height at rear
1.0m
15kg Butane Cylinder
0.225m
30 minute fire
resisting front
door or doors of
locker to enable
ease of access
Space at rear of locker
for automatic switch
over device and any
taps for individual gas
circuits
19kg Propane Cylinder
0.8m
30 minute fire resisting
lift up hinged lid
across top of locker
Lift up lid and door(s)
must be secured by a
lock
Clear
unobstructed area
for ventilation
1.22m maximum
length
FRONT ELEVATION
(PART)
Gas bottle storage locker for the storage of a maximum of two 19kg Propane
or two 15kg Butane gas bottles and to house regulator(s), any automatic
switch over device and any taps for individual gas circuits and no other use or
storage.
DETAIL OF GAS BOTTLE STORAGE LOCKER
(Not to scale)
(all notes subject to detailed descriptions set out within the
Handbook)
41
APPENDIX III
Christchurch Borough Council, Civic Offices,
Bridge Street, Christchurch, Dorset BH23 1AZ
Telephone (01202) 495000 Facsimile (01202) 495110
Internet: www.christchurch.gov.uk
Enq to
:
Department
Community Services
Our Ref
07.10.09A
:
Your Ref :
Direct Dial :
01202 495000
NOTICE OF PROPOSED ALTERATION
To Hut No. Mudeford Sandbank……………….
Notice is hereby given that an application has been made to Christchurch Borough Council
for permission to carry out the following work:
A copy of the application may be inspected at the Civic Offices in Bridge Street,
Christchurch. Any person who wishes to comment about the application should do so in
writing to the Head of Neighbourhood and Environment during the period of 21 days
beginning with the date of this Notice:Date:
Ref No.
(please quote on all correspondence)
Kelvin White
Michael Turvey
C.P.F.A.
B.A., M.B.A., D.M.S.,
F.M.S., M.I.Mgt.
Director of
Resources
Chief Executive
and Town Clerk
42
Nigel Davies
M.A., Dip.U.D., Dip.V.E.M.,
Dip.Mgt., M.I.Mgt., M.R.T.P.I.
Director of
Community Services
APPENDIX IV
PROCEDURE RE: APPLICATION TO CARRY OUT
ALTERATIONS OR WORKS TO THE HUT
PART A - Applications
A1
All applications for consent must be made by the Licensee on an application form to
be obtained from the Council. The Licensee must pay the standard processing fee
to the Council at the time the application is made.
A2
The Council will acknowledge all applications within 5 working days (Monday to
Friday inclusive but excluding any public holidays) of receipt. Incomplete
applications will be returned to the Licensee with brief explanatory notes giving the
reason for rejection.
A3
If an incomplete application is returned to the Licensee and a complete application
is not received within 14 calendar days thereafter, the application shall be treated
as withdrawn by the Licensee and the processing fee returned
A4
Where the application is for a replacement of the hut or for alterations which are not
on a like for like basis (to be ascertained by reference to the Council’s records)
there will be a period of consultation except where the Council considers (in its sole
discretion) that the proposed alterations would have no material effect on any
neighbouring hut or the application is rejected because the proposed alterations
would not be permitted by the Terms Conditions and Regulations. The consultation
procedure shall be in accordance with Part B below.
PART B - Consultation Procedure
If there is a period of consultation in accordance with Paragraph A4:B1.
The Council will send a Notice of the Proposed Alteration in the form specified in
Appendix III to the Licensee. The Licensee must complete the Notice and affix this
to the Hut by no later than the date specified in the Notice (which must be no later
than 14 days after receipt of a properly completed application form). The Notice
must be displayed for a continuous period of 21 calendar days. The Licensee must
notify the Council in writing of the date on which the notice was first displayed. If
the Licensee is unable to affix the Notice to the Hut by the date specified in the
Notice then the Licensee may request the Council to affix the Notice to the Hut and
the Licensee must pay the Council’s charge for so doing. If the Licensee fails to
display the Notice in accordance with this Paragraph then the Council will reject the
application.
B2
The Council will consult directly with neighbouring Licensees by notifying them in
writing of the proposed alterations and inviting them to make any comments which
they may wish to make on the proposals to the Council in writing. (For the purpose
of this Appendix “neighbouring hut” means adjacent beach huts (to the front, rear or
side of the Hut) or any other beach huts which the Council considers (in its sole
43
discretion) may be detrimentally affected by the proposals for the proposed
alterations).
B3
The period of consultation for the proposed alterations will be 21 days from the date
falling 14 days after receipt of a properly completed application
PART C - Deciding of Applications
C1.
At the expiry of the period of 14 working days following receipt of a properly
completed application or at the expiry of the consultation period (if any) whichever is
the later, the Head of Neighbourhood and Environment will consider the proposals
and any representations or objections received during the consultation period. The
Head of Neighbourhood and Environment will also have regard to the principles set
out in Appendix IX. The Head of Neighbourhood and Environment will also
consider whether the Licensee has shown to the Council’s satisfaction that the
application is reasonable and will not be detrimental to the ecology or environment
of Mudeford Sandbank. For the avoidance of doubt the presumption is that an
application for alterations will always be refused unless the Head of Neighbourhood
and Environment is satisfied that:C1.1 the application is for a like for like replacement (but excluding the
replacement of those components of the Hut for which the Council will not
now give consent as set out in these Terms Conditions and Regulations) or
C1.2 the application is for a standard sized hut:C1.2.1 unless there is a valid reason why consent should not be given
(including without limitation that the replacement hut would be larger
than the existing hut and would therefore adversely affect any
neighbouring hut) and
C1.2.2 provided that the Licensee can demonstrate that the proposed works
would positively contribute to the aims and objectives of the
Mudeford Sandbank Management Plan without compromising the
interests of other stakeholders as referred to in the Mudeford
Sandbank Management Plan (including without limitation where the
standard hut replacement would be smaller in dimensions than the
existing Hut) or
C1.3 the Licensee can show an exceptional reason why consent should be given.
The Head of Neighbourhood and Environment may approve the application in whole
or in part or may reject the application.
C2.
The Council shall notify the Licensee within 7 working days thereafter whether:C2.1
consent is given to the application or
C2.2
consent is given to the application in part
C2.3
the application is rejected.
44
A consent will only be valid if it is issued in writing. If the Licensee should act upon a
consent issued in any other manner, the Licensee does not have a valid consent
and is acting in breach of the Terms Conditions and Regulations.
C3.
Licensees must understand that, whilst the Council will use its best endeavours to
keep to this timescale, if a large number of applications are received or if the
appropriate officer(s) are not available at the time of receipt or during the
consultation and decision periods it may not be possible to decide all applications
within this timescale. Applications will be dealt with strictly in order of receipt.
PART D - Appeals
D1
The Licensee shall have the right to appeal against a decision to refuse an
application or allow an application in part. The appeal must be made in writing and
lodged with the Council within 28 days from the date the Licensee is notified of the
decision of the Head of Neighbourhood and Environment.
D2
The appeal will be heard by a Sub-Committee to be set up by the Council’s
Community Services Committee to deal with the specific appeal. The procedure
shall be in accordance with the Appeal Hearing Procedure Rules set out in Part 5 of
the Council’s Constitution.
45
ACCESS POLICY
APPENDIX V
PROCEDURAL NOTES AND REGULATIONS ISSUED BY
CHRISTCHURCH BOROUGH COUNCIL/BOURNEMOUTH BOROUGH COUNCIL
APPLICABLE TO LICENSEES
Vehicle Access Permits
Hengistbury Head Nature Reserve/Mudeford Sandspit
1.
Introduction
There is a requirement for controlled vehicle access onto the Nature Reserve and
Mudeford Sandbank in order to maintain the Mudeford Sandspit coastline and its
facilities, which are managed by Christchurch Borough Council.
Access is controlled by the Byelaws for the Protection of the Nature Reserve at
Hengistbury Head (the Byelaws) which prohibits access for any motorised vehicle
without a permit. This includes cars, motorcycles, mini-mopeds or similar vehicles,
motorised scooters and motorised skateboards or similar items.
A review of the vehicle access permits policy has been jointly undertaken and
agreed with Christchurch Borough Council. This joint policy may be further
reviewed from time to time and may be subject to change as a result of such
review. The permits policy set out below takes into account the objectives of the
Hengistbury Head (1997) and the Mudeford Sandbank Management Plans. Both
plans require steps to be taken to reduce and minimise traffic in a positive attempt
to protect and enhance the environment of the Nature Reserve. To control access,
a permit system is operated. Permits are issued by Bournemouth Borough Council,
for which a charge is made (with the exception of disabled users). This charge is
set annually and will be payable before a permit is issued.
Vehicular access onto the Nature Reserve and Sandbank without a permit is an
offence under the Byelaws as well as a breach of the Terms Conditions and
Regulations subject to which a beach hut Licence is granted. A person guilty of an
offence under the Byelaws may be prosecuted in addition to any other action which
Christchurch Borough Council may take in respect of the beach hut Licence.
2.
Authorised Users - Licensees
2.1
Traders - Hut Repair, Alterations and Replacements
Traders may apply for a permit to undertake Hut repairs, alterations and
replacements between 01 October to 31 March inclusive. Permits are available for
the full 6 months (to be ratified by Christchurch Borough Council) or on a per week
basis from Monday to Saturday inclusive (excluding Bank Holidays) at the
appropriate fee.
Bona fide traders (registered builders etc) must apply in writing on headed company
note paper including:
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•
•
•
•
•
•
Nature of work, Site number and Licensee
Timing/duration of work
Vehicle registration number (one vehicle per permit)
A copy of public liability insurance
Letter of authority to carry out works from Christchurch Borough Council
A cheque for the correct amount
Note:
Applicants may not use a traders’ permit to visit or to carry out work on their own
Hut without written permission from Bournemouth Borough Council (a permit in
March or October is currently available for beach hut licensees - see 2.2).
2.2
Beach Hut Licensees - Hut Stocking and Clearing, Repair, Alterations and
Replacements
Access for private vehicles of beach hut licensees is currently restricted to the
months of March and October only* (see Review of Policy below).
Beach hut licensees may apply for a vehicle access permit (one per month*) to
undertake stocking, clearing, repair, alteration or replacement of their Huts. Permits
are valid for:
5 single occasions (Monday to Sunday excluding Bank Holidays).
A five occasion card will be issued for clipping by the main gate staff.
The applicant must supply:
•
•
•
•
The Site number
Vehicle Registration No.
Duration of visit (2 or 5 consecutive days)
Cheque for the correct fee
Note:
2.3
1.
At all other times - equipment and materials must be conveyed to the
Sandspit by the Land Train or the Land Train Operator’s van. Tel: 01202
425517.
2.
See Review of Policy at 2.4 below.
Disabled Beach Hut Users
Disabled beach hut users holding an Orange Badge or Blue Badge (or any future
equivalent) as devised by the Department of the Environment, Transport and the
Regions (or any successor body) and covered by the Chronically Sick and the
Disabled Persons Regulations 1982 may apply for a permit for vehicle access to
their Hut. The permit is valid for a maximum of one year and expires on 31 March.
Permits are only issued to beach hut owners who are disabled and can fulfil the
conditions as set out below.
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The user must supply:
•
•
•
The reference number of the Orange/Blue Badge and the vehicle registration
number
Dates for the requested period of use e.g. holiday
A doctor’s note confirming a proven difficulty in walking.
Note:
•
•
•
•
2.4
A charge (equivalent to a Land Train return ticket) is made for the disabled user
unless he/she is exempt from the road tax licence fee.
Passengers (including the driver) will pay the equivalent of a Land Train return
ticket.
The above fees will be collected at the main gate by the Land Train Operator
There is no automatic right to park on the Sandspit and permission must be
obtained.
Review of Policy
There will be a presumption against further increases in private vehicular access.
Christchurch and Bournemouth Borough Councils will pursue alternative methods of
transport (train, boat, cycles etc) in a positive effort to minimise vehicular
movements. The permissive access currently afforded to beach hut licensees may
be terminated coinciding with the provisions of alternative transport arrangements.
3.
Conditions of Issue
•
•
•
•
•
•
•
•
The driver must report to the Land Train Office when entering and leaving the
Nature Reserve.
The driver must display the ‘Authorised Vehicle Notice’, and permit and, if
appropriate, a disabled badge. The ‘Authorised Vehicle Notice’ must be
returned on departure.
10 m.p.h. speed limit must be observed at all times.
The transport of boats is not permitted. They must go either by water or by
trailer hitched to a Land Train vehicle, with the agreement of the Land Train
Operator.
There is no right of access for any category of user without the written authority
of Bournemouth Borough Council.
There is no automatic right to park on the Sandspit.
Access outside of the published operating times is not permitted.
* Access times are currently 9am - 5pm
Misuse of the permit and, or, failure to comply with these conditions or the
Nature Reserve Byelaws will result in the withdrawal of the permit.
I agree to the above conditions.
Signed:
(One copy to be handed in at gate on first visit)
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APPENDIX VI
TRANSFER AGREEMENT
MUDEFORD SANDBANK BEACH HUT SITE LICENCE
This Agreement is dated the
1.
day of
200
The Licence
This Agreement is supplemental to the Licence (the Licence) by which the site
referred to in Clause 2 below is licensed to the Licensee named in Clause 2 below.
2.
The Licensee (To be completed by the existing Licensee)
I/We (the Licensee) apply for the Council's consent to the transfer of the Licence of
site No……………. at Mudeford Sandbank to the person whose name and address
appears in Clause 3 below (the Transferee).
I/We enclose a transfer fee of
£…….………....
If consent is given, I/We agree that the Licence shall be
transferred to the Transferee from the date of this Agreement. I have completed
the Dimensions Sheet attached to this Agreement and confirm that the dimensions
of the Hut and its features shown on the Dimensions Sheet are correct. I also
confirm that no alterations have been made to the Hut except any which have been
approved by the Council under the Licence provisions.
N.B. The Transfer Fee is valid until ………….................after which date the
Transfer Fee may be reviewed)
Signature…………………………………………..
Full Name………………………………………… (Mr/Mrs/Miss/Ms) Block Capitals
Address……………………………………………..........................................................
……………………………………………..........................................................
…………………………………………………………………………………..........
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3.
The Transferee (To be completed by the proposed transferee)
I (the Transferee) apply for the Council's consent to the transfer of the Licence to
me and am aware that only one named transferee is permitted. If consent is given,
I accept the Transfer of the Licence to me from the date of this Agreement and
undertake and agree with the Council to observe and perform the Terms Conditions
and Regulations (the Terms Conditions and Regulations) contained or referred to in
the Licence. If the Council has agreed to accept payment of the Licence Fee due
under the Licence by standing order, I undertake to continue to pay the remaining
instalments when due. I confirm that I have inspected the Hut and have full
knowledge of its actual state and condition and am satisfied that the Dimensions
Sheet is accurate.
Signature ………………………………………….
Full Name…………………………………………(Mr/Mrs/Miss/Ms) Block Capitals
Address
.………………………………………….........................................................
…………………………………………..........................................................
………………………………………………………………………………..
4.
Conditions of Transfer
a)
The Licence cannot be transferred to anyone who has another licence to
occupy another beach hut site on any beach under the control of the Council,
or to a member of that person’s household.
b)
The Council's consent to the Transfer will not be given unless the Licence
Fee due under the Licence for the Licence Period has been paid in full or
standing order payments are up to date and the Transferee has agreed to
continue to pay the remaining instalments when due.
c)
The Council's consent to the Transfer will not be given if the Licensee is in
breach of any of the Terms Conditions and Regulations.
d)
This Agreement shall not imply that the dimensions and features of the Hut
shown on the Dimension Sheet have been approved by the Council. For the
avoidance of doubt this Agreement shall not prejudice the rights of the
Council in respect of any breach of the Terms Conditions and Regulations
concerning unauthorised alterations to the Hut (whether known to the Council
or not or shown on the Dimensions Sheet or not). The provisions of
Regulation 4.9 of Part D of the Handbook and the Council’s other rights and
remedies shall continue to be available to the Council in respect of any such
unauthorised alterations which may have been made prior to the date of the
Transfer of the Licence to the Transferee and any such breach may be
enforced by the Council against the Transferee.
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5.
6.
Provisos
a)
This consent shall not waive any breach of the Terms Conditions and
Regulations that may have occurred before the date of this Agreement nor
authorise any other or further transfer of the Licence or other act or thing
other than that expressly authorised by this Agreement.
b)
The Terms Conditions and Regulations shall continue in full force and effect.
The Council
Subject to the Conditions of Transfer and the Provisos contained in Clauses 4 and 5
above, The Borough Council of Christchurch of Civic Offices, Bridge Street,
Christchurch, Dorset BH23 1AZ (the Council) grants its consent to the transfer of
the Licence from the Licensee to the Transferee for the remainder of the Licence
Period from the date of this Agreement.
Signed.............................................................................................
for and on behalf of the Council
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MUDEFORD SANDBANK BEACH HUT DIMENSIONS SHEET
(Complete in ink only. Please clearly insert details into the un-shaded boxes only)
MUDEFORD SANDBANK BEACH HUT SITE NUMBER
CALCULATION OF FLOOR AREA
PART OF HUT TO BE MEASURED
A. HUT DIMENSIONS
For a hut which
has more than
one section
please give
details of each
section
External Maximum
Dimensions
Length
Width
(m)
(m)
Area (sq
m)
Total Area
(1) + (2) +
(3)
(1)
(2)
(3)
B. PLATFORM & LANDING DIMENSIONS
Front / back / (1)
side
(2)
(insert whichever (3)
as appropriate)
C. LOCKER DIMENSIONS
Back / side
(1)
as appropriate)
(3)
D. TOTAL SQUARE METERAGE OF SITE
20.25
sq m
E. Allowable meterage of standard sized hut
F. AMOUNT OF EXCESS METERAGE (D – E)
SUPPLEMENTARY INFORMATION
G. Maximum height of hut (m)
(measured externally from underside of cill of principal door to ridge of
roof)
H. Maximum height of platforms (m)
(measured from ground level to top of deck of platform)
Front / back / (1)
(m)
(Insert the maximum of
side
(m)
(2)
either heights (1), (2) or (3)
(m) opposite
as appropriate)
I. Distance between top of deck of platform and underside of cill of
principal door (m)
J. TOTAL MAXIMUM HEIGHT OF HUT (G + H + I) (m)
I. Maximum height of locker from ground level (m)
(measured from ground level to the highest point on the locker)
Signed
Print Name
Date of
Signature
52
(m)
(1)
(2)
(3)
(m)
(m)
(m)
APPENDIX VII
TRANSFER AGREEMENT TO A SON OR DAUGHTER OF THE LICENSEE
OF MUDEFORD SANDBANK BEACH HUT SITE LICENCE(OTHER THAN
A BENEFICIARY)
1.
day of
200
The Licence
referred to in Clause 2 below is licensed to the Licensee named in Clause 2 below.
2.
The Licensee (To be completed by the existing Licensee)
I/We (the Licensee) apply for the Council's consent to the transfer of the Licence of
site No……………. at Mudeford Sandbank to the person whose name and address
appears in Clause 3 below (the Transferee).
I/We enclose £………………being
one third of the transfer fee of £…….……….... and agree with the Council to pay the
sums specified in Clause 4 below. If consent is given, I/We agree that the Licence
shall be transferred to the Transferee from the date of this Agreement. I have
completed the Dimensions Sheet attached to this Agreement and confirm that the
dimensions of the Hut and its features shown on the Dimensions Sheet are correct.
I also confirm that no alterations have been made to the Hut except any which have
been approved by the Council under the Licence provisions.
Signature…………………………………………..
Address……………………………………………..........................................................
……………………………………………..........................................................
…………………………………………………………………………………...
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3.
me and am aware that only one named transferee is permitted. I declare that I am
the son or daughter of the Licensee. If consent is given, I accept the Transfer of the
Licence to me from the date of this Agreement and undertake and agree with the
Council to pay the sums specified in Clause 4 below and to observe and perform
the Terms Conditions and Regulations (the Terms Conditions and Regulations)
contained or referred to in the Licence. If the Council has agreed to accept payment
of the Licence Fee due under the Licence by standing order, I undertake to continue
to pay the remaining instalments when due. I confirm that I have inspected the Hut
and have full knowledge of its actual state and condition and am satisfied that the
Dimensions Sheet is accurate.
Signature ………………………………………….
Address
.………………………………………….........................................................
…………………………………………..........................................................
………………………………………………………………………………..
4.
Payment of the Balance of the Transfer Fee
The balance of the Transfer Fee shall be paid to the Council as follows:a)
b)
one third of the Transfer Fee shall be paid on the first anniversary of the date
of the Transfer Agreement and
one third of the Transfer Fee shall be paid on the second anniversary of the
date of the Transfer Agreement.
The Licensee(s) and the Transferee shall be jointly and severally liable for the sums
due under this Clause. The Council may at its entire discretion elect to pursue any or
all such persons for payment of the sums due under this Regulation.
If the sums due under this Clause are not paid within twenty one days of the date due
(whether formally demanded or not) the Licensee(s) and the Transferee must also
pay to the Council interest on such sums from the date when they were due to the
date on which they are paid at the rate of four per centum per annum above the base
lending rate from time to time of Lloyds TSB Bank plc (or such other bank as the
Council may from time to time nominate in writing)
54
5.
6.
a)
b)
c)
The Council's consent to the Transfer will not be given if the Licensee is in
breach of any of the Terms Conditions and Regulations.
d)
Provisos
a)
b)
c)
The provisions of this Transfer Agreement shall not merge on completion of
the transfer of the Licence from the Licensee to the Transferee so far as they
remain to be performed.
d)
For the purposes of this Agreement a son or daughter means a natural or
adopted son or daughter of the Licensee but shall not include a step-son or
step-daughter (unless legally adopted).
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7.
The Council
Subject to the provisions of Clauses 4 and 5 and 6 above, The Borough Council of
Christchurch of Civic Offices, Bridge Street, Christchurch, Dorset BH23 1AZ (the
Council) grants its consent to the transfer of the Licence from the Licensee to the
Transferee for the remainder of the Licence Period from the date of this Agreement.
Signed.............................................................................................
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A. HUT DIMENSIONS
For a hut which
has more than
one section
please give
details of each
section
External Maximum
Dimensions
Length
Width
(m)
(m)
Area (sq
m)
Total Area
(1) + (2) +
(3)
(1)
(2)
(3)
Front / back / (1)
side
(2)
as appropriate)
Back / side
(1)
as appropriate)
(3)
20.25
sq m
roof)
Front / back / (1)
(m)
side
(m)
(2)
(m) opposite
as appropriate)
principal door (m)
Signed
Print Name
Date of
Signature
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(m)
(1)
(2)
(3)
(m)
(m)
(m)
APPENDIX VIII
TRANSFER AGREEMENT TO A SON OR DAUGHTER BENEFICIARY OF
THE LICENSEE OF MUDEFORD SANDBANK BEACH HUT SITE LICENCE
1.
day of
200
The Licence
referred to in Clause 2 below is licensed to ……………………………………….(the
Licensee). The Licensee has since died.
2.
The Executors/Administrators
Administrators)
(To
be
completed
by
the
Executors/
I/We (as executors or administrators of the estate of the late Licensee) apply for the
Council's consent to the transfer of the Licence of site No……………. at Mudeford
Sandbank to the person whose name and address appears in Clause 3 below (the
Transferee).
I/We enclose £………………being one third of the transfer fee of
£…….……….....
If consent is given, I/We agree that the Licence shall be
transferred to the Transferee from the date of this Agreement.
I/We have
completed the Dimensions Sheet attached to this Agreement and confirm that the
dimensions of the Hut and its features shown on the Dimensions Sheet are correct.
I/We also confirm that no alterations have been made to the Hut except any which
have been approved by the Council under the Licence provisions.
Signature…………………………………………..
Address……………………………………………..........................................................
……………………………………………..........................................................
….…………………………………………………………………………………...
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3.
me and am aware that only one named transferee is permitted. I declare that I am
the son or daughter of the late Licensee. If consent is given, I accept the Transfer
of the Licence to me from the date of this Agreement and undertake and agree with
the Council to pay the sums specified in Clause 4 below and to observe and
perform the Terms Conditions and Regulations (the Terms Conditions and
Regulations) contained or referred to in the Licence. If the Council has agreed to
accept payment of the Licence Fee due under the Licence by standing order, I
undertake to continue to pay the remaining instalments when due. I confirm that I
have inspected the Hut and have full knowledge of its actual state and condition and
am satisfied that the Dimensions Sheet is accurate.
Signature ………………………………………….
Address
.………………………………………….........................................................
…………………………………………..........................................................
………………………………………………………………………………..
4.
Payment of the Balance of the Transfer Fee
The balance of the Transfer Fee must paid to the Council by the Transferee as
follows:a)
b)
one third of the Transfer Fee must be paid on the first anniversary of the date
of the Transfer Agreement and
one third of the Transfer Fee must be paid on the second anniversary of the
date of the Transfer Agreement.
If the sums due under this Clause are not paid within twenty one days of the date due
(whether formally demanded or not) the Transferee must also pay to the Council
interest on such sums from the date when they were due to the date on which they
are paid at the rate of four per centum per annum above the base lending rate from
time to time of Lloyds TSB Bank plc (or such other bank as the Council may from
time to time nominate in writing)
59
5.
6.
a)
b)
c)
The Council's consent to the Transfer will not be given if there is any breach
of any of the Terms Conditions and Regulations.
d)
Provisos
a)
b)
c)
The provisions of this Transfer Agreement shall not merge on completion of
the transfer of the Licence to the Transferee so far as they remain to be
performed.
d)
For the purposes of this Agreement a son or daughter means a natural or
adopted son or daughter of the late Licensee but shall not include a step-son
or step- daughter (unless legally adopted).
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7.
The Council
Subject to the provisions of Clauses 4 and 5 and 6 above, The Borough Council of
Christchurch of Civic Offices, Bridge Street, Christchurch, Dorset BH23 1AZ (the
Council) grants its consent to the transfer of the Licence from the persons specified
in Clause 2 above to the Transferee for the remainder of the Licence Period from
the date of this Agreement.
Signed.............................................................................................
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A. HUT DIMENSIONS
For a hut which
has more than
one section
please give
details of each
section
External Maximum
Dimensions
Length
Width
(m)
(m)
Area (sq
m)
Total Area
(1) + (2) +
(3)
(1)
(2)
(3)
Front / back / (1)
side
(2)
as appropriate)
Back / side
(1)
as appropriate)
(3)
20.25
sq m
roof)
Front / back / (1)
(m)
side
(m)
(2)
(m) opposite
as appropriate)
principal door (m)
Signed
Print Name
Date of
Signature
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(m)
(1)
(2)
(3)
(m)
(m)
(m)
APPENDIX IX
Terminology for the Hut and its components
A
Width of Hut
The width of a rectangular shaped hut shall be taken as that part of the hut seen at
right angles when viewed on the approach (i.e. the front elevation). It shall be
measured externally and horizontally between the external face of the external wall
and the external face of the opposite external wall. No account or allowance shall be
considered or made for such as:• additional boarding at skirting or other levels
• projecting gas stores
The width of a typical traditional hut which forms the basis of all dimensions and
charging regimes will normally not exceed 3.048m (10feet) wide. The width of a
traditional hut is normally represented by a gable end
Where a hut is not of a rectangular shape (i.e. it may be “L” shaped), the width of the
hut shall be measured across the end of each leg of the “L”. Accordingly an “L”
shaped hut will have two widths both of which could be different. Neither width will be
permitted to exceed 3.048m. Huts of other shapes will need to be considered on their
merits within these parameters and will not set a precedent.
B
Length of Hut
The length of a rectangular shaped hut shall be taken as that part of the hut which
runs between the front and rear elevations. It shall be measured externally and
horizontally between the external face of the external wall and the external face of the
external wall at the opposite end.
The length of a typical traditional hut which forms the basis of all dimensions and
charging regimes will normally not exceed 4.572m (15feet) long. The length of a
traditional hut is normally represented by a side elevation.
Where a hut is not of a rectangular shape (i.e. it may be “L” shaped), the length of the
hut shall be the measured along the longest external elevations forming each leg of
the “L”. Accordingly an “L” shaped hut will have two lengths both of which could be
different. Neither length will be permitted to exceed 4.572m. Huts of other shapes will
need to be considered on their merits within these parameters and will not set a
precedent
C
Ground Floor Level
The ground floor level shall be ascertained from external examination and shall be
taken as that level on the underside of the threshold at the principal entrance door.
Internally the floor construction and finishes may mean that the internal floor level
could be above or below this point. However as this cannot be ascertained from an
external viewing it cannot be considered as a datum level.
For hut rebuilds consideration needs to be given to setting ground floor levels at
levels which resist the affects of flooding or dune encroachment. The floor level of
63
each hut is hut specific and shall be considered on a hut by hut basis. In September
2000, guidance was made available on the recommended floor levels that should be
adopted for specific huts if they were ever to be raised or rebuilt. As at 4th September
2007 this guidance still applies and the recommended floor levels for specific huts are
as set out below:Seaward Side – recommended floor level = 3.00m Above Ordnance Survey Datum
Huts 178, 351, 353, 355, 357, 359, 363, 365, 367, 373, 375, 377, 379, 383, 387, 389,
401, 403, 405, 407, 409, 411, 413, 415, 417, 427, 429, 431, 433, 435, 437.
Landward Side – recommended floor level = 2.25m Above Ordnance Survey Datum
Huts 16, 22, 24, 34. 54, 58, 60, 66, 82, 84, 86, 88, 90, 92, 94, 96, 98, 100, 102, 104,
106, 108, 110, 112, 114, 116, 118, 120, 122
Recommended floor levels may be periodically reviewed and reconsidered.
Where there is no recommended floor level, the ground floor level of any hut shall at
all times remain the same and shall not be increased or decreased from that which
exists at 4th September 2007 other than by prior written consent of the Council
D
Height of Hut
The height of the Hut shall be measured externally and vertically between the
apparent internal ground floor level (assumed to be a point on the underside of the
threshold of the principal entrance door) to the highest level of the ridge or apex on
the roof. It shall not include the length of any legs or supports upon which the hut is
supported and which are considered elsewhere.
E
Mezzanine Floor Levels
The internal arrangements of beach huts are totally the responsibility of the Licensee.
Any mezzanine floor installed by the Licensee is to be accommodated within the
overall envelope of the hut. The dimensions of the overall envelope of the hut are:a) as existing as at 01 April 2008 or
b) as subsequently approved in writing by the Council or
c) as determined by these Terms Conditions and Regulations
A mezzanine floor means an internal floor within the height of the hut which is above
the ground floor level and which in one part or more covers less than the internal
ground floor area. The mezzanine floor may be wholly or partially within the roof
space and may have less than normal headroom. The mezzanine floor must be
wholly accommodated within the maximum height of roof that is permitted. The
mezzanine floor may be used for either storage or sleeping purposes and may be
accessed via a ladder or staircase through a small hatchway or larger opening.
An increase in the size of a hut to enable a mezzanine floor to be installed will not be
permitted.
If a mezzanine floor is installed in the Hut, it is the Licensee’s responsibility to ensure
its suitability, integrity and safety and that there is a safe means of access to and from
the mezzanine floor level and a safe means of escape from the Hut.
F
Eaves
The lowest part of the sloping beach hut roof and viewed either on a side or end
64
elevation. The eaves may also run horizontally along the length of the roof. As from
01 April 2008, guttering will not be permitted except where the Council’s records
show it formed part of the Hut prior to this date
G
Eaves overhang
The eaves overhang shall be measured horizontally from the external face of the
external wall to the external face of any fascia or if no fascia is fitted, the ends of any
projecting roof rafters or other structure which projects beyond the external face of
the external wall at eaves level. Any gutter mounted on the external elevation of any
eaves fascia will not be included in the measurement for the eaves overhang. A
maximum eaves overhang of 110mm (4”) will be permitted
Any eaves overhang which the Council considers could adversely prejudice an
adjacent hut by the spread of fire shall not be permitted except where “like for like”
(as at 01 April 2008) prevails. However in considering any rebuilds the Council will
not permit any eaves overhang which could prejudice access between huts for the
maintenance and repair of the roofs.
H
Springing point for the roof
The springing point for the roof shall be taken as that point at the junction of the
external face of the external wall with the underside of any roof construction running
on a pitch line between the eaves and ridge (in the case of gabled roofs) or apex (in
the case of any hipped roofs coming to a point other than a ridge line).
The maximum height of the springing point will be 2.200m measured externally and
vertically from the position of the underside of the door threshold to the point at the
junction of the external wall with the underside of any roof construction
I
Supporting Legs or Structure
The supporting legs or structure shall be considered as the structure which projects
downwards from the hut into the sandbank from the underside of the ground floor
construction. The supporting legs and structure may project into the sandbank to
provide sufficient stability and foundation to the beach hut. The length of any legs or
height of any supporting structure shall be governed by the recommended ground
floor level.
Except where “like for like” prevails (i.e. the Council’s records show that that any
construction was a permitted part of the Hut prior to 1st April 2008), the supporting
legs and structure are to remain open and are not to be boxed in or secured in by any
solid construction. The area must be kept clear and unrestricted to enable full
ventilation of the space under the floor construction other than by the natural process
of wind blown sand. It is acknowledged that the space within this area between the
underside of the floor and the surface of the naturally occurring sand can be used as
an underfloor storage area
The supporting legs or structure of the Hut must be made of timber from sustainable
sources only.
J
Underfloor storage area
The area enclosed by the huts ground floor construction, the sandbank and the
supporting legs or structure can and is often used as an ancillary underfloor storage
area. This area may need to be secured to prevent unauthorised access. Except
65
where “like for like” prevails (i.e. the Council’s records show that that any security
measures were a permitted part of the Hut prior to 1st April 2008), the area may only
be secured by the provision of a wired open mesh screen. Set into an appropriate
frame and with a mesh grid size of no less than 25mm. The screen may have hinged
or removable parts that can be locked shut or opened to enable access.
The underfloor storage area is not to be floored or decked or used for any other
purpose than storage associated with the normal use of the hut as a beach hut. The
underfloor storage area may only be accessed externally from outside of the hut at
ground level. No internal hatch or door will be permitted.
The underfloor storage area can be used for the storage of one vessel such as a
boat, dinghy, sailboard, windsurf board, kayak, canoe or other such vessel.
K
External Lockers
Gas bottles used for cooking, lighting, fridges etc must be stored in an external locker
which is to be built to the Council’s specification set out in Appendix II at the rear of a
beach hut, except for where “like for like” prevails for any other position on a beach
hut. No other external locker other than for the storage of maximum of up to two 15kg
Butane or two 19kg Propane gas bottles will be permitted except where “like for like”
prevails and external lockers have previously been fitted.
Gas bottle storage is not permitted in a locker or store which is wholly or partially
underneath the hut.
Only in exceptional circumstances where the Council is of the opinion that it will not
cause an obstruction to a passage or escape route between huts, will a gas bottle
storage locker be permitted at the side of the hut.
Only one external gas bottle storage locker shall be permitted for each hut
External gas bottle storage lockers shall be constructed in a manner and of materials
which will provide ½ hr fire resistance and shall include both lower and upper
ventilation to prevent the build up of leaking has within the locker.
The maximum allowable size (external dimensions) of an external gas bottle storage
locker shall be:• length = 1.22m (4ft)
• width (projection from building) = 0.615m (2ft)
• height (from base to top of roof or cover at front) = 0.8m (2ft 8”)
• height (from base to top of roof or cover at the rear) = 1.0m (3ft 3”)
• supports to enable ventilation under the base are not to exceed 0.225m (9”) in
height
• no part of the external gas storage locker shall be allowed to project any higher
than 1.225m (4ft) above the adjacent ground or sand level or
a gas bottle storage locker designed to enable the gas bottles to be stored one above
the other for which the maximum allowable size (external dimensions) shall be:• length = 0.61 m (2ft)
• width (projection from building) = 0.615m (2ft)
• height (from base to top of roof or cover at front) = 1.62 m (5ft)
• height (from base to top of roof or cover at the rear) = 2.0m (6ft 6”)
66
•
•
supports to enable ventilation under the base are not to exceed 0.225m (9”) in
height
no part of the external gas storage locker shall be allowed to project any higher
than 2.45m (8ft) above the adjacent ground or sand level
The base of an external gas storage locker shall normally be found supporting the
gas bottles.
L
External Storage Cupboards
No external storage cupboards will be permitted except those for the storage of gas
bottles except where “like for like” prevails and external lockers have previously been
fitted.
M
Platforms (fixed, hinged or otherwise)
A platform shall be considered as an external area or structure which may be decked
with boarding, decking or sheets and which when in a horizontal position sits upon or
over the natural sand of the sandbank. Platforms can be either permanently fixed or
(where the Council’s records show that that they were a permitted part of the Hut
prior to 1st April 2008) wholly or partially hinged down from a vertical securing position
in which the platform is stored when not in use. A platform which is in use shall be
deemed to be in a horizontal position whether or not there are any people, furniture or
other equipment placed upon it.
The Councils preference is that there should be no platforms other than those in
existence as at 1st April 2008. Consent will not be given to a hinged platform after 1st
April 2008.
However, the Council recognises that whenever the Council agrees that there is a
need to raise the floor level of a hut to a recommended level, there may be an
additional need to install a platform, landing and / or steps, where none may have
been originally. This is to be considered on a hut by hut basis and Licensees are not
to assume that any platform will be permitted other than those confirmed in writing by
the Council.
In all instances, the maximum allowable area for any platform(s) shall be 5.570 m²
(60 ft²). This shall include any decking, supports, handrails, screens or balustrades
whether or not they are affixed to the platform. Given the 3.048m (10ft) width of a
traditional hut, a traditional platform shall have a projection from the hut of no more
than 1.82m (6ft). Platforms are not to extend beyond the width of the hut.
The Council will only normally permit a maximum of one platform per hut and will only
give permission for such where the platform will not cause an obstruction or
inconvenience, where there is justification to provide the same in accordance with the
Disability Discrimination Act 1995 and there is a need to satisfy the needs of a regular
disabled user of the hut whilst they need it and upon the need ceasing, the Council
may require that the platform be removed and the Hut reinstated to its state prior to
the approved alteration (except where the Council’s records show that that the
platform was a permitted part of the Hut prior to 1st April 2008).
A change from one type of platform to another type of platform would be an alteration
requiring the Council’s consent under the Terms Conditions and Regulations.
67
If the Council has given permission for one or more platform(s) which exceed the total
area of 5.570 m² (60 ft²) an additional excess charge will be levied
N
External Stepped Accesses and Landings
An external stepped access may be required to access a platform(s) and then on to
the principal or secondary door(s) to a Hut. Except where the Council’s records show
that that they were a permitted part of the Hut prior to 1st April 2008, stepped
accesses shall :-
-
be open tread and the stair width shall be limited to:o for principal door(s) the width of the door or 1.5m (4ft 11”) whichever is
the wider to include any handrails, guarding or ballustrading
o for a secondary door, the width of the door plus 150mm to include any
handrails, guarding or ballustrading.
Located in a position agreed in writing with the Council.
The Council will only normally permit a maximum of one stepped access per hut and
will only give permission for such where it will not cause an obstruction or
inconvenience or where there is justification to provide the same in accordance with
the Disability Discrimination Act 1995 and there is a need to satisfy the needs of a
regular disabled user of the hut whilst they need it. Upon the need ceasing, the
Council may require that the stepped access be removed and the Hut reinstated to its
state prior to the approved alteration (except where the Council’s records show that
that the stepped access was a permitted part of the Hut prior to 1st April 2008).
The Councils permission is required for any additional stepped accesses or any
ramp
O
Landings
There may be a need to provide an external landing at the top of any stepped access
to a secondary door, A landing is considered to be a small platform meant solely for
the safe access and egress to the hut and for no other purpose. All landings are to be
clear of any obstruction. The horizontal area of all external landings larger than that
stipulated in the paragraph below is included in the calculation of platform areas and
the charging of any Excess Fee.
Where the secondary door opens directly into the hut, there may be no landing and
access may be directly from the stepped access. Where the secondary door opens
outwards, the landing may project away from the hut. In such instances and to
provide a safe landing in accordance with the Building Regulations, the maximum
projection of the landing will be the maximum projection of the open external principal
or secondary door plus 400mm.
The Council will only normally permit a maximum of one landing per hut and will only
give permission for such where it will not cause an obstruction or inconvenience or
where there is justification to provide the same in accordance with the Disability
Discrimination Act 1995 and there is a need to satisfy the needs of a regular disabled
user of the hut whilst they need it. Upon the need ceasing, the status quo prior to any
approved alteration is to be adopted.
Any landing which is larger than that provided for above will be considered in its
68
totality as an external platform and will be included in the calculation of platform areas
and the charging of any Excess Fee.
P
Principal Doors
Principal doors will be deemed to be the main access or entrance doors into the hut.
Principal doors may be either single or double leafed with each leaf having a clear
opening width of no more than 750mm. Where principal doors open outwards they
may open outwards over a platform or a landing. Where any landing has a width
which is in excess of the total width of the doorway and/or a projection from the hut
which is in excess of the projection of the maximum swing of a principal door leaf plus
400mm, the landing shall be considered to be a platform and will be included in the
calculation of platform areas and the charging of any Excess Fee.
Q
Secondary Doors
Subject to the Council’s consent a secondary door may be provided to afford access
and an emergency escape to the rear of the hut. Except where the Council’s records
show that that these were a permitted part of the Hut prior to 1st April 2008,
secondary doors will not normally be permitted on the side of a hut unless there is no
adjacent hut within 2 metres of such side elevation. Secondary doors should not have
a clear opening width of more than 750mm. Secondary doors shall normally open
inwards into the hut.
Where a secondary door opens outwards it may open outwards over a platform or a
landing. Where any landing has a width which is in excess of the total width of the
doorway and/or a projection from the Hut which is in excess of the projection of the
maximum swing of a principal door leaf plus 400mm, the landing shall be considered
to be a platform and will be included in the calculation of platform areas and the
charging of any Excess Fee.
R
Roof Pitch
The roof pitch is the angle that a sloping line makes with the horizontal. The pitch of
the felted roof of the Hut is taken as the slope of the rafters. The pitch of a roof will
be at a constant angle between the wall plate on top of the walls of the Hut to the
ridge or apex of the roof of the Hut.
S
Ordnance Survey Datum
Ordnance Survey Datum refers to Ordnance Survey Datum which is the mean sea
level at Newlyn in Cornwall from which heights above sea level are taken
T
Glazing
Glazing installed in either opening or fixed windows or doors shall include any glass,
plastic, acrylic, polycarbonate or other transparent or translucent material. The area
of glazing shall be measured on the surface of the glazing only and shall not include
for any external framing but will include any glazing bars.
For guidance purposes the measurement points are shown marked on the attached
drawing of a hypothetical beach hut
69
Ridge or
apex of roof
Height of standard hut
with a width of 3.048m
and a maximum roof
pitch of 40° not to
exceed 3.65m
measured vertically
and externally between
underside of cill of
principal door
and ridge
Roof construction
130mm maximumconsisting of rafters,
roof boarding & felted
roof finish not to
exceed 130mm total
thickness
Roof pitch –
maximum 40°
with horizontal
Barge board to
gable ends
Wall plate
Springing
point of roof
3.65m
Safety
glazing to
window
Safety
glazing to
upper
panel of
door
Cill or threshold of
principal door –
underside of which
is also taken as
ground floor level
Fire retardant
internal lining
plus internal wall
finishes
Floor boarding
and floor finish
Corner
beading
External
(Shiplap)
timber
cladding
Wall framing
Safety
glazing or
solid panel to
lower panel
of door
Cill plate
3.048m
Overall width of a standard
hut. Width measured between
external faces of external
walls and including all
framing and cladding
Floor supports
FRONT ELEVATION (Part)
TYPICAL: SECTION (Part)
FRONT ELEVATION OF A STANDARD MUDEFORD SANDBANK
BEACH HUT
(Not to scale)
(all notes subject to detailed descriptions 70
set out within the Handbook)
Eaves projection
not to exceed
110mm
2.21m
Fascia board
running along
eaves
Eaves projection
to not exceed
110mm including
fascia board &
any soffit
Guttering and
down pipes.
50mm maximum
diameter
External wall
height not to
exceed 2.21m
measured
vertically and
externally
between
underside of cill
of principal door
& springing point
of roof
Floor joists
running across
floor supports
EAVES DETAIL AND SPRINGING POINT EXPLAINED
(Not to scale)
Roof construction maximum
130mm thick consisting of felt
over roof boarding on rafters
with inner lining to facing
inside of hut
Optional fascia
board fitted across
ends of rafters
Inner lining of hut to
underside of rafters and
inside face of external wall
Wall plate running
across top of framing
to external walls
SPRINGING POINT
at the junction of the e
face of the external wa
the underside of the ro
construction running o
line between the eaves
ridge.
Optional fascia
board fitted across
ends of rafters
Optional soffit
boarding
omitted for
clarity
External cladding
to wall
This is not the
springing point
Timber framing to
external walls
Maximum distance betwee
point and underside of the t
2.200m measured vertically
externally
External face of
external wall
71
Eaves overhang –
maximum of
110mm
APPENDIX X
GUIDANCE NOTES FOR APPLICATIONS AND PERMISSIONS
The matrix below is to provide general guidance to the Licensee when considering making
applications in respect of the beach huts, the Site Licence and any proposed works. The
matrix is intended for guidance purposes only and the Licensee must refer to and comply
with the terms conditions and regulations in the Handbook. If the Licensee has any doubt
about what course of action to undertake, it is recommended that the Licensee contact
Property & Engineering Services on 01202 495000.
Any reference to anything existing at 1st April 2008 means where the Council’s records
show that that it was a permitted part of the Hut prior to 1st April 2008).
Category 1
The Licensee to make full application for consent, to be submitted to Property
& Engineering Services. Application required on the Council’s application
form(s) with additional documentation to be supplied by the Licensee
(including drawn detailed plans) where required. Fee chargeable. No works to
commence until written approval has been issued by the Council.
Category 2
The Licensee to provide a written notification of proposal to be sent to
Property & Engineering Services giving full description of the proposal,
statement of intent, how the work is to be implemented and timescales. The
Council will consider the Licensee’s request and will issue written approval
provided that the Council is satisfied that the proposal is within the scope of
approval and in compliance with the terms conditions and regulations set out
in the Handbook. No fee chargeable. No works to commence until written
approval has been issued by the Council.
Category 3
The Licensee is not required to provide the Council with any notification and
the Council’s approval is not required for the work. The Licensee must still
comply with all requirements of the Handbook for such work.
Ref Description
1
2
3
Full or partial rebuild or replacement of
a hut
Full or partial removal or demolition of a
hut, platform, landing, stepped access,
locker
Change (whether reduction or
increase) in the external dimensions of
the hut, platform, landing stepped
access, height, floor level, eaves
projection, swings of externally opening
doors
72
1
1
1
1
Category
2
3
Notes
Application and detailed
plans to be submitted
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
Relocation or moving of the whole or
part of the hut, platform, landing
stepped access, height, floor level,
eaves projection, swings of externally
opening doors
Full or partial replacement roof finish
with felted roof tiles
Full or partial replacement of roof finish
with strip felt or any other material
1
Full or partial replacement of roof
construction incl rafters, boarding and
finish
Change in roof pitch
1
Category
Notes
3
2
The Council may ask for
drawings or details to be
provided
1
Provision or replacement platform,
landing and/or stepped access or ramp
with identical as existing at 1st April
2008
Provision of or relocation of a
secondary door to a position different to
that existing at 01 April 2008
Replacement or alteration to any
platform, landing and/or stepped
access or ramp with different to that
existing at 1st April 2008
Replacement of one or more
windows/doors with identical
(size/location/material/door swing) as
existing at 1st April 2008
Replacement of one or more
windows/doors with different
(size/location/material/door swing) to
that existing at 1st April 2008
Replacement of defective glazing within
existing door/window frame
Replacement of the minor part of an
existing window or door frame as part
of a repair and which does not
otherwise alter in any way the window
or door
Addition or provision of a locker
mounted on the elevations or
underneath the hut for the storage of
gas bottles or other items
Replacement of an existing locker with
one as existing at 1st April 2008
Addition of a solar panel in accordance
with the Handbook
73
2
1
1
2
1
3
3
1
2
1
provided
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
Replacement of a solar panel with one
as existing (size/location) at 1st April
2008
Replacement of a solar panel different
in any way to that existing at 1st April
2008
Replacement of cladding boarding and
repair of any support structure not
greater than 5% of the total surface
area of the hut on a like for like basis
as existing at 1st April 2008
Replacement of cladding boarding and
repair of any support structure greater
than 5% of the total surface area of the
hut.
External repainting of a hut with in
approved colours as set out in the
Handbook
Enclosing an area beneath the hut,
platform, landing or stepped access
which was not previously enclosed
prior to 1st April 2008
Replacement or repair of any handrail
or fixed balustrade on a like for like
basis as existing at 1st April 2008
Replacement or repair of any handrail
or fixed balustrade in any way different
to that existing at 1st April 2008
Replacement of door furniture and
ironmongery (including locks and
handles)
Raising the floor level of the hut
Undertaking any excavations for
foundations, supports, soakaways as
part of a full or partial rebuild or
replacement
Undertaking any excavations for
permitted foundations, supports,
soakaways for any other reasons
Provision of a new or the replacement
of an existing soakaway
Category
2
3
1
provided
3
1
3
2
3
1
provided
To be included on the
application and drawn
details
2
2
74
Notes
1
Replacement of guttering and rainwater
goods existing as at 1st April 2008
Replacement of guttering and rainwater
goods existing as at 1st April 2008 as
part of a full or partial rebuild
Access to huts and temporary parking
on the site for people with disabilities
3
2
1
2
provided
provided
To be included on the
application and drawn
details
Written evidence required
35
36
37
38
Repair of and the replacement of
fittings, cables and pipework to existing
gas and electrical installations (with the
exception of lockers) as existing as at
1st April 2008
Extension, changes to and replacement
or the provision of a new gas or
electrical installation (including any
lockers, housings, solar panels) not in
existence at 1st April 2008
Fencing or enclosing any part of the
site of the hut
Any other alterations or additions to the
hut (including any component of the
hut)
75
Category
2
3
Notes
Periodic certification
required
provided
Certification required
1
1

handbook for licences of mudeford sandbank sites for privately

Transcription

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