20080116 - item 14 - beach huts handbook for licences · handbook for licences of ... to the hut 42...

07/01/2008 - Amended Handbook for Consultation following consideration by the Task and Finish Group and meeting with representatives of MSBHA

HANDBOOK FOR LICENCES OF MUDEFORD SANDBANK SITES FOR PRIVATELY OWNED BEACH HUTS

TERMS, CONDITIONS AND REGULATIONS

THE BOROUGH COUNCIL OF CHRISTCHURCH

(COMMUNITY SERVICES DEPARTMENT)

COMMUNITY SERVICES COMMITTEE 16 JANUARY 2008

ITEM 14


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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 32

Part F - Notices Provisos Definitions and Interpretation 34

Appendix I Beach Huts - Approved Colour Schemes 38

Appendix II Specification for Gas Box 39

Appendix III Notice of Proposed Alteration 41

Appendix IV Procedure Re: Application to carry out Alterations or Works to the Hut

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Appendix V Access Policy 45

Appendix VI Transfer Agreement Beach Hut Site Licence 48

Appendix VII Transfer Agreement to a Son or Daughter of the Licensee of Beach Hut Site Licence (other than a Beneficiary)

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Appendix VIII Transfer Agreement to a Son or Daughter Beneficiary of the Licensee of Beach Hut Site Licence (where there is no surviving spouse or civil partner of the Licensee)

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Appendix IX Transfer Agreement to a Son or Daughter Beneficiary of the Licensee of Beach Hut Site Licence (where there is a surviving spouse or civil partner of the Licensee)

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Appendix X Terminology for the Hut and its components 67

Appendix XI Guidance notes for applications and permissions 75


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PART A BACKGROUND INFORMATION

A1. 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 two directions, firstly from the sea/harbour water surrounding it and secondly 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 caf 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 Councils aim is to maintain the special nature of Mudeford Sandbank but to provide basic modern amenities in an environmentally sensitive and effective way.

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 Councils


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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 Councils Active Living Strategy and the Councils policy of managing its own business in accordance with British Standard ISO14001. Other policies which impinge on Mudeford Sandbank include the Councils 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 Councils website or can be inspected at the Councils 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 Councils policies, together with the Councils 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 Councils 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 Councils policy is that only new terms conditions and regulations which meet the Councils legal obligations; meet the Councils 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.


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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 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:-

B3.2.1 No early payment discount will be given if a member of the Licensees 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 Licensees main

permanent address must be given. B3.2.3 No early payment discount is given where the Licensees 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.

B4. 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 months notice to the licensees of the beach hut or beach hut sites concerned.


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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.


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PART C TRANSFER OF LICENCE

C1. 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 Appendix VIII and Appendix IX are specimen examples of the four 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


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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.

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 beneficiary son or daughter of the Licensee

where there is no surviving spouse or civil partner, then the Transfer Fee will be 50% of the sum calculated in accordance with Regulation C3.1 or Regulation C3.2 whichever is applicable.

C3.4 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. C3.5 For the avoidance of doubt the Council may at any time by giving notice to the

Licensees vary the percentage of the reduction in the Transfer Fee allowed under Regulation C3.3 and this shall not be deemed to be a new term or condition on which the Council would consult with the Mudeford Sandbank Beach Hut Association.

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.


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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 and Regulation

C5.2 does not apply then (subject to the provisions of Regulation C5.3) 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 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 the transfer of the Licence is to a beneficiary son or daughter of the Licensee

where there is no surviving spouse or civil partner then (subject to the provisions of Regulation C5.3) the Transfer Fee is payable to the Council by instalments as follows:-

C5.2.1 one half of the Transfer Fee must be paid on completion of the Transfer

Agreement and C5.2.2 one half of the Transfer Fee must be paid on the first anniversary of the

date of the Transfer Agreement .

C5.3 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.

C5.4 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).

C5.5 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.


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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 Licensees spouse or civil partner or other beneficiary (who must be the owner of the Hut) or may be transferred to a non-beneficiary purchaser of the Hut.

C6.2 If the Licence is to be transferred to the Licensees spouse or civil partner, a copy of

the Death Certificate must be supplied to the Council, together with a copy of the Licensees Marriage Certificate or Civil Partnership Document as applicable. The Executor(s) or Administrator(s) and the Licensees 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 Licensees 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 or C5.2 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 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 Licensees 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 Councils costs on completion of the Transfer Agreement.


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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 Councils 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


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D.2.4.2 a sink soakaway for the Hut in accordance with Regulation D3.10 but the Licensee must not make any excavations to install a sink soakaway without first obtaining the Councils 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 Councils 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

non-hardwood 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


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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 comply with this Regulation.

D3.2 Size of the Hut

Except where the Councils 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 Councils 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 13.93m (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

5.57m (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 0.75m (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

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 X .


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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 Fittings One gas bottle storage locker is permitted in accordance with Regulation D3.8. No

other external fittings, equipment (including without limitation food safes, or containers) or other storage are permitted. except where the Councils records show that that they were a permitted part of the Hut prior to 01 April 2008.

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 A gas supply to the Hut must only be effected no more than two connected external

gas bottles stored within an external gas bottle storage locker A gas bottle storage locker can only be used for the express purpose of storing up to two gas bottles,. Gas bottle storage lockers must comply with the recommendations and the Specification in Appendix II and must be of a minimum half hour fire proof resistant construction and be properly ventilated. No other external storage cupboard is permitted except where the Councils records show that that they were a permitted part of the Hut prior to 01 April 2008.

D3.9 Inspection and Safety of Gas Supply Installations 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


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which case an annual inspection must be made). All such inspections must be carried out by a competent CORGI registered contractor. The Licensee must obtain a safety certificate for the gas installations on any such inspection and must supply a copy to the Council if the hut or gas installation is replaced or altered at the time of the work, of transfer or on request.

D3.10 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 Councils 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.

D3.11 Gutters and Roofwater

D3.11.1 Gutters and downpipes restrict the clear space between adjacent huts.

Except where the Councils 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.

D3.11.2 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 Councils procedure set out in Regulation D5 and Appendix IV.

D3.11.3 If the existing guttering and downpipes are to be replaced, the Councils

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.

D3.12 Hosepipes The Licensee must not affix hosepipes to the taps at the sewerage disposal points,

public toilets and the standpipes located on Mudeford Sandbank. D3.13 Toilets and Water Tanks D3.13.1 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.

D3.13.2 Without prejudice to the generality of Regulation D3.12, the Licensee must


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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 the taps.

D3.14 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 Councils 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 Councils 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


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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 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 Councils 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 Huts 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 Councils 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 Councils records as at 01

April 2008 is between 30 and 40 the Licensee shall replace the roof to the same roof pitch.


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D4.2.2.2 If the existing roof pitch shown in the Councils 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 Councils records as at 01

April 2008 is above 45 on the replacement of the roof the roof 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 Councils 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 Councils 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 Councils records.


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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.

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 Requirements for Electrical Installations and Part P of the Building Regulations. Electrical installations must only be installed or adapted by competent persons Before any electrical installation is used it must be subject to a test and inspection by a competent person (NICEIC, ECA, ELECSA, NAPIT, IEE) approved to do so under BS7671 and Part P (NICEIC, ECA, ELECSA, NAPIT, IEE) and certified safe to use. Copies of certificates must be provided to the Council.

D4.5.4 Without prejudice to Regulation D4.5.3, 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.

D4.5.5 All applications for consent for any solar panel or electrical installations are

to be made and considered in accordance with the Councils procedure set out in Regulation D5 and Appendix IV.

D4.6 Replacement Cladding to Hut

All replacement cladding of the Hut must be with non-hardwood 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).


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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 Licensees 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 Councils 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 not be permitted).

D4.8 Lockers

D.4.8.1 Any locker for which consent is given by the Council:-

D4.8.1.1 must only be used to house gas bottle(s) and D4.8.1.2 must not exceed 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


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front and 1.0m (3ft 3) in height at the rear plus locker supports not exceeding 0.225m (9) high to enable ventilation except where the Councils 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 D48.1.4 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.

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. The Licensee must obtain the Councils 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 Councils 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.


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D4.9.7 Subject to the Councils 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 Councils 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

D5. 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:-

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.


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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 Councils 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 Councils records the Councils records shall take 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 A4 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 Councils 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.


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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 XI. 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 D6.4 all works or alterations to the Hut must

only be carried out and completed during the period (permitted 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). 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.

D6.3 Completion of Works The Licensee must complete all works for which consent has been given by the

Council within a period of twelve months from the date such consent is given. All works must be completed within a permitted period as specified in Regulation D6.2 and:-

D6.2.1 either within three months from the date consent is given or D6.2.2 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


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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 Licensees 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 Licensees 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 Councils 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 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).


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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 Licensees own expense.

D6.9 Other conditions

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.

D7. 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 Councils database.

D7.3 The Council has defined the standard meterage size of the Site as a total area of

20.25m (218 ft) comprising the following components:-

D7.3.1 a beach hut occupying a total area of 13.93m (150 ft2) D7.3.2 a platform occupying an area of 5.57m (60 ft2) and D7.3.3 a gas bottle storage locker occupying an area of 0.75m (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).

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 X.

D7.5 If on any measurement carried out by the Council it is found that the dimensions of


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the Hut or any of its components exceed those recorded in the Councils 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 Councils consent must be obtained in accordance with the Councils procedure set out in Regulation D5 and Appendix IV. The provisions of this Regulation 7 are without prejudice to the Councils 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.

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.


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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) 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.


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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 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.

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 Councils 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


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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.

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. Councils 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 Councils 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


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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 X.

D17.2.2 If, in the Councils 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.

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.


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PART E TERMINATION OR EXPIRATION OF LICENCE

E1. Notice The Licence may be determined (without prejudice to the Councils other rights and

remedies in respect of any breach by the Licensee of the Terms Conditions and Regulations):-

E1.1 by one months 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 Licensees 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

Licensees 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.


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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.


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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 Councils 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.


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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 Councils 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 Councils 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.


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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

where there is no surviving spouse or civil partner of the Licensee in Appendix VIII or

F3.17.3 in the case of a transfer to a son or daughter beneficiary of the Licensee

where there is a surviving spouse of civil partner of the Licensee in Appendix IX or

F3.17.4 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


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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.

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 Conditi

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