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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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hi i m trading in privat propery kebap trailer

Customer Question

hi i m trading in privat propery (pub carpark) a kebap trailer i was stationery there and council did not allow me to trade be cos no planing permission . i have applied its been refused be couse of smell so now i m going to buy a mobile van so i can drive home at the end of the day can council stop me againe trading for smell. can you please advice me what sort of licance i need plus will they have power to stop me trading many thanks

Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : When are you trading there please?
JACUSTOMER-n29ggh6t- :

7 days a week from 3pm till 11 pm

Alex Watts :

Did you ever have a licence?

Alex Watts :

Was it a trailer that was moved every day?

JACUSTOMER-n29ggh6t- :

i have healt and sefty cerfiticate and 5 star higine cerfiticate

JACUSTOMER-n29ggh6t- :

no i dont move its there all the time 24/7

Alex Watts :

Ok - then sadly you do need planning permission

Alex Watts :

If it was one that you moved on/off site then all you would need is a street trader food licence

Alex Watts :

But because it is static you do need planning permission

Alex Watts :

If this has been refused then you could appeal the decision

Alex Watts :

You can appeal to the adjudicator and details can be found here:

Alex Watts :

http://www.planningportal.gov.uk/planning/appeals/

JACUSTOMER-n29ggh6t- :

no council said even if i get mobile van i still need a planing permission be cos i trade 7 day a week and same spot

Alex Watts :

You said its there all the time so yes

Alex Watts :

If it had been the case you took it home and worked 6 days a week you would have been fine

Alex Watts :

But because you are there 24/7 and you work 7 days you need planning

Alex Watts :

Therefore all you can do is appeal and follow the procedure outlined on the above website

JACUSTOMER-n29ggh6t- :

yes but i was thingink to get van so i can drive nite times

Alex Watts :

Yes but you said you were there 24/7

Alex Watts :

Therefore you do need planning permission

JACUSTOMER-n29ggh6t- :

so if i m working 6 day and drive home at nitgh time will i be ok

Alex Watts :

As you have been refused you need to appeal by following the guidance at:

Alex Watts :

http://www.planningportal.gov.uk/permission/

Alex Watts :

Yes, if you are there 6 days and leave the site you should only need a licence

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-n29ggh6t- :

but council say i still need planing permission . be cos i trade same place 6 days

Alex Watts :

You need to check the Councils policy on such matters

Alex Watts :

It can vary from council to council - so ask for it

Alex Watts :

But if you leave there after trading it should normally only be a licence

JACUSTOMER-n29ggh6t- :

ok i will ring the council now thanks

Alex Watts :

Can I clarify anything else?

JACUSTOMER-n29ggh6t- :

i just spoke to council i still need planing permission even if i m trading 6 days a week and drive home at night

Alex Watts :

Have you asked for a copy of their policy?

Alex Watts :

See here:

Alex Watts :

https://www.sheffield.gov.uk/business-economy/licensing/general-licensing/retail/street-trading.html

Alex Watts :

http://www.medway.gov.uk/businessandinvestment/licencesandtrading/streettrading.aspx

Alex Watts :

Nothing about planning permission, just a licence.

Alex Watts :

But did you ask your Council for their policy please?