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UKSolicitorJA
UKSolicitorJA, Solicitor
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What is the legal definition of premises? I understand it

Resolved Question:

What is the legal definition of 'premises'? I understand it to mean a structure or building and associated land, but not just a small fragment/parcel (0.25 acres) of land with no building or structure? We have a Traffic Regulation Order on my road to stop unauthorised vehicles, but the TRO permits access to the premises on the road e.g. my house ... but hopefully not travellers utilising the small fragment of land belonging to the Dept for Transport.
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Your understanding is correct, premises does not refer to land alone, but the land and any improvements on it I.e. Buildings.

Can I help further?
Customer: replied 3 years ago.

Great - I think - not so sure about the second bit - i.e. if the plot is simply land it cannot be calssified as 'premises', this much I get, but are you saying that if it is just land and someone has an intention at some future date to 'improve it' by adding a building then it can be classified as 'premises' even though no building currently exists?
NB in this instance no building currently exists, nor is there any intention to build on the land


 

Expert:  UKSolicitorJA replied 3 years ago.
Yes, if any improvement were to be done to the land i.e. buildings, then it would be classed as premises.

The TRO in your case permits "access" i.e. a right of way, it does not give travellers a charter to utilise the land/premises by setting up camp there.

Hope this clarifies. Please remember to leave feedback
Customer: replied 3 years ago.

Sorry to be a pain, but the point is crucial not clear regarding 'intention to develop' and 'premises'. I know the travellers are illegally encamping, but the wider question is have they breached the TRO to gain access to the site in motorised vehicles. Motorised vehicles are not allowed except to access 'premises' under the TRO, so regarding this intention to develop angle (which clearly the travellers would have a mind to do if they could - i.e. get the hard standing down and retrospectively apply for planning permission etc) if the land is simply land with no buildings currently, no improvement in respect of adding buildings underway and no intention to develop the site by the current owners can it, or can it not, be classified as 'premises'?

Expert:  UKSolicitorJA replied 3 years ago.
It cannot be classed as premises.
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Customer: replied 3 years ago.

Many thanks :-)