MINUTES AND MEETING
Proposed dates for Holiday Van Consultative Committee Meetings:
- 29 April 2016
- 22 July 2016
- 21 October 2016
PLANS OF MANAGEMENT
HOLIDAY VAN AGREEMENTS 2016/17
Your Holiday Van Agreements for 2016/17 are now ready for collection. Please make contact with your holiday park reception to advise how you would like it delivered.
NEXT HOLIDAY VAN SALES PERIOD
Van Owners who are not affected by development plans for the next Van Owners Agreement period (July 2016- June 2017) will be eligible to sell their van during the April- Sept 2016 Sales Period. Clause 8.2 in the Holiday Van Owners Standard Operating Procedure on the website provides details of the Sales Process.
8.2 Sale of vans and assets on sites not impacted by development
a) PSBHP, in its discretion, will notify Owners of specific periods of each year where an Owner is permitted to sell their van and associated structures on site ("Van Sale Periods"). During a Van Sale Period as advised the Owner is permitted to sell their asset(s) in circumstances where the asset will remain on site. At all times during the year an Owner may sell their van and associated structures on the condition it is removed from the site. However, Owners may only sell in circumstances where the assets will remain on site during Van Sale Periods and in accordance with the following process.
b) PSBHP will notify Owners in writing at least one month before the commencement of a Van Sale Period.
c) At least 2 weeks prior to the commencement of the Van Sale Period Owners must notify PSBHP if they wish to sell their assets on site.
d) During any Van Sale Period, Owners must first offer to sell their asset(s) to existing holders of current occupancy agreements ("Internal Interested Parties"). Internal Interested Parties will have an exclusive negotiation period of 2 weeks to negotiate the purchase of the assets from the selling Owner. After the expiry of the 2 week negotiation period and during the Van Sale Period, the selling Owner may sell their assets to a third party on no better terms and price than that offered to Internal Interested Parties.
e) During the Van Sale Period PSBHP Management will engage the services of a Registered Plant and Machinery Valuer to determine the Market Value of the assets being sold by the Owner, being the Van and associated structures, exclusive of the site (land component). This Value as assigned will be acknowledged in writing by the Purchaser of the van as the Market Value of the Assets and this acknowledgement will form an addendum to the Purchaser’s current Annual Holiday Van Occupancy Agreement and any Occupancy Agreement entered into by the Purchaser.
f) The Purchaser (new owner) upon acquiring assets will be responsible for attending to any outstanding compliance or other matters within sixty (60) days.
g) The following rules apply to sale of vans and associated assets under this clause;
i. The Vendor and the Purchaser must acknowledge in written form that the sale is for the assets which are located upon the site and that no proportion of the agreed sale price is attributed to the site component (land).
ii. The Vendor and the Purchaser must acknowledge in written form that PSBHP's consent to the sale does not waive or vary PSBHP's rights under the Occupancy Agreement.
iii. The Purchaser acknowledges it must enter into the Annual Holiday Van Occupancy Agreement or accept an assignment of the vendor's Occupancy Agreement notwithstanding the price paid for the assets.
iv. It is noted that the parties to sale of assets on site are not precluded from negotiating a sale at a higher price than the Valuation as assigned as set out above. However if the purchaser pays a higher price than the valuation it does so at their own risk and cost.
An administration fee of $440 will be charged for participation in the Holiday Van Sales Process. Holiday Van Owners will be required to pay this $440 when submitting the Sales Application Form and a valuation surcharge of $220 if an individual valuation is required at a time after the group valuations have been carried out. If the Van does not sell Port Stephens Council will retain $165 from the administration fee for the Group Valuation or $385 when an individual valuation has been obtained and reimburse the balance to you. Please note: The Valuations that were held in the previous sale period April/May and Sept 2015 are valid for 24 mths.
- By the 24th March 2016 If you are interested in selling your van complete and return the attached Holiday Van Sales Request form (12.4) to your Holiday Park office.
- Van Owners to hand in their Van key at Holiday Park reception and sign the permission on the Holiday Van Sales Request form to allow the Valuer to enter their Van (if you choose not to do this your van will only be valued from the outside)
- 24th March – 8th April 2016 Compliance audits and independent GROUP valuations will be carried out on vans wishing to sell
- 8th April 2016- 20th May 2016 Official Sales Period will be (first 2 weeks will be reserved for internal sales only and last 4 weeks can include external parties)
- 20th May 2016- 16th Sept 2016- We will allow sales to occur at any time between 8th April 16 and 16th September 16 however Van owners will pay the $440 Sales application fee as well as a valuation surcharge of $220 if an individual valuation is required at a time after the group valuations have been carried out. This surcharge is paid to cover the increased valuation charges. Holiday Van Owners who participated in either of the previous Sales periods in 2015 will be able to utilise their previous valuations unless major modifications have been done on their vans.
No Van Sales will be finalised until the prospective buyer has received and acknowledged the compliance audit report (and any outstanding actions required as a results of this report) as well as acknowledging the independent valuation during a pre-scheduled meeting held with the Park Manager.
No sales will be allowed outside of these Van Sales Periods.
Important Information: Changes to witnessing and sign off to future Holiday Van Agreements
We have taken on board feedback in order to simplify the signing off of future agreements and will be amending the witnessing requirements and sign off requirements for the 2016-2017 Holiday Van Agreements. The witness will need to be someone over the age of 18 who has known the Holiday Van Owner for 12 months or more, who is NOT a person on the agreement and who is NOT a staff member of the Holiday Parks. The most common problem we have with witnessing is that people on the agreement sign off on each other's signatures. This is NOT acceptable and will not be signed off. We will also be changing to only requiring the primary asset owner(s) to sign off on the agreement.
The secondary names on the agreement will still be shown but will not need to be signed off on. Any changes to the primary asset owners need to be communicated to the Holiday Park by 20th March 2016 at the latest so this can be reflected on the new agreements to be issued. There will be no charge in this instance for changing a secondary name on the agreement to a primary or vice versa, or for removing names from the agreement but any new names added to agreement will be charged as per our standard fees listed below.
Adding and Removing Names from Agreements
Van Owners will also have the ability to add or remove names from their Van Occupancy Agreement under certain circumstances. To ensure this is not a circumvention of the sales process outlined above this will only be permitted in the following circumstances:
- Where the name being added or deleted is an immediate family member being a child, parent, sibling or grandparent. This family relationship can be through adoption or re-marriage; and
- Where the vehicle or other assets on site remain in the ownership of the primary party noted on the contract;
- Where the Van Owner confirms in writing to Council that no consideration is paid for the addition or removal of names from the Van Occupancy Agreement; and
- In such other circumstances as Council determines, in its discretion.
For the avoidance of doubt, Port Stephens Council may agree in writing for names to be added and removed from Occupancy Agreements in circumstances where it does not involve an immediate family member (however this is a matter for Council in its absolute discretion). Council does not want the van sale process to be circumvented by the addition and removal of names and will not allow the addition or removal of names where it suspects that the party is trying to circumvent the van sales process. Fees will apply for adding or removing names from agreements. A $440 fee will apply if a Primary Signatory (asset owner) is added or removed from agreement. A $28.50 fee will apply if a secondary signatory is added or removed from the agreement. No fees will apply if a signatory needs to be removed from the agreement when they have passed away.
If you have any enquiries regarding this matter please contact The Business Development Unit Team, during office hours 8.00am to 4.00pm Monday to Friday on 02 4916 4500.
*IMPORTANT NOTICE *Due to concerns brought forward by Holiday Van Owners in relation to the Holiday Van Ballot of vacant sites at Fingal Bay and Halifax Holiday Park, Council has decided to postpone the ballot to enable a review of the process and eligibility criteria to be undertaken. We will notify Holiday Van Owners of the proposed next steps in this process by 13th May 2016 after our review has taken place.
Holiday Van Sales Ballot May/June 2016 – Important Information
QU: Who can participate in the ballot process?
ANS: Existing Holiday Van Owners located in a development area will have the opportunity to participate in the ballot at their particular park as long as they are a primary asset owner (those on the current insurance policy for the van) on the current agreement 2015/2016. Secondary parties on the agreement will not be able to participate in the ballot. We will only accept one application per vacant site from the Holiday Van being vacated (ie. multiple primary asset owners from the same Holiday Van agreement will not be able to put in separate applications for the vacant sites). Please attach a copy of your current insurance policy to the Expression of Interest Form, including telephone and email contact details, so we can validate the Primary Asset Owner (s) as failure to do this could result in your application not being accepted as valid.
QU: How can you participate in the ballot process and what are the key dates?
ANS: If you are interested in participating in the ballot process you will need to complete the Expression of Interest form (attached) and return to Airlie Coleman (email@example.com). Expression of interest forms will need to be received strictly by 4pm on 27th May 2016 in order to be included in the ballot draw as expressions of interest received after this time period will not be included.
The ballot will be drawn on 2nd June 2016 at 2pm in the Council Chambers at 116 Adelaide Street, Raymond Terrace. Successful applicants will be notified by 4pm on 10th June 2016. The successful applicant will have until 4pm on 17th June 2016 to accept the offer of the site, sign off on the Deed of Agreement and provide a compliant site plan. If not accepted by this time the site will be offered to the Holiday Van Owner who was drawn second in the ballot. They will then have 1 week to accept. Successful applicants will be required to move their van, annex and associated structures to the new site by 30th June 2016. Before deciding which site or sites you wish to express an interest in, please ensure that you are able to meet this timing requirement and that the site/s applied for are of suitable size and dimensions for your Holiday Van needs. See below for approximate dimensions of all available sites.
QU: How will I be notified if successful?
ANS: Successful Van Owners will be notified by telephone and/or email between 2 June 2016 and 4pm on 10 June 2016. In lodging your Expression of Interest form you agree that you will be contactable during this time to be informed if successful. In the event we are unsuccessful in contacting you during this time, the offer will cease and be made available to the second applicant drawn out.
QU: How long will these Holiday Van Sites be available to the successful Holiday Van Owner?
ANS: A 12 month agreement will be issued to the successful Holiday Van Owner. The Vacant Holiday Van sites are in non-development areas in the current Plans of Management. There are no guarantees that these areas will remain Holiday Van precincts.
QU: Is there any cost associated with the ballot process?
ANS: There is no administrative cost to participate in the ballot process however any relocation costs and future maintenance costs will be at the Holiday Van Owners expense.
QU: How will the ballot be drawn?
ANS: The ballot will be drawn by vacant site with all eligible Holiday Van Owners who have applied for that site going into the draw. The names will be drawn out one at a time. The first drawn will be offered the site first and if they decline it will default to the second drawn applicant. If a Holiday Van Owner is the first drawn for more than one site they will have the choice as to which site they agree to take. The site they do not take will then be offered to the second drawn applicant of that site. Due to time restrictions, we will not be offering the vacant site to anyone beyond the second drawn applicant. If the second drawn applicant falls through, for whatever reason, the vacant site will be offered as a tourist site.
QU: Who organises the relocation of the Holiday Van?
ANS: The coordination of moving the Van, annex and associated structures and re-establishing at the new site will be the Holiday Van Owners responsibility however notice will need to be given to the Park Manager of expected timings and whether contractors will be on site so inductions can be arranged.
QU: What does the Holiday Van Owner do with the site they vacate?
ANS: The site being vacated will need to be returned to its natural state by the Holiday Van Owner by 30th June 2016.
QU: What are the rules around compliance of the Vans relocated to the vacant sites?
ANS: The successful Holiday Van owner will be required to submit a Site Plan to Council's Investment and Asset Manager, by 4pm 17th June 2016 at the latest, detailing design layout confirming that the new structure is compliant prior to any works being undertaken. The program of works needs to be approved by the Investment and Asset Manager in writing to ensure appropriate commencement and completion dates along with all relevant WHS regulations being adhered to. Holiday Van Owners should give due consideration to the structural integrity of their current Holiday Van and the subsequent related issues when considering the movement and reinstallation of this Van. The reinstalled Holiday Vans will be required to be compliant with current regulations from day 1, there will be no exceptions to this ruling.
QU: What happens if no expression of interest is received for a particular site or sites during this ballot process?
ANS: If sites are not taken up by Holiday Van Owners in this ballot process they will be returned to tourist van/tent sites indefinitely and the future purpose of those sites will be at Park Managements discretion. There are no future ballot processes planned for the below listed vacant sites after this initial ballot process.
QU: When will future ballots occur?
ANS: There is no guarantee, if and when any future ballots may occur at Fingal Bay, Shoal Bay or Halifax Holiday Parks.
QU: Can Holiday Van Owners attend the ballot?
ANS: Holiday Van Owners who participate in the ballot process are entitled to send one representative to attend the ballot draw. The nominated representative should be listed on the Expression of Interest Form.
QU: Which sites are Vacant at the Holiday Parks?
ANS: Whilst we advise on the total site dimensions consideration needs to be given by Holiday Van Owners to the legislative requirements for setbacks and maximum allowable site coverage. Some of the below mentioned sites are irregular shapes which will affect the area available for van/annex and associated structures. The below dimensions are approximate. Holiday Van Owners should inspect the available sites before determining if they might be a suitable alternative site for their Holiday Van.
HALIFAX HOLIDAY PARK FINGAL BAY HOLIDAY PARK
Site 21 - 10m (W) x 9.2m (D) Am14 = 9.98mts (W) x 9.8mts (D)
Site 23 –10.9m (W) x 9.2m (D) N19 = 10.49mts (W) x 10.43mts (D)
Site 25- 11m (W) X 7.9m (D) Qex2 = 13.38mts (W) x 10.41mts (D)
Site 26- 10m (W) x 8.1m (D) Kal11 = 12.48mts (W) x 11.05mts (D)
Site 27- 10m (W) x 8.7m (D)
CURRENT RULES AND REGULATIONS