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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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As a D2 use premise which has operated

Customer Question

As a D2 use premise which has operated originally since 1961, but under current ownership since 1991, with continued use as primarily as a dance hall , entertainment centre, the local authority have granted a neighbouring property to be redeveloped as residential, ignoring government guidelines on permissions regarding noise. The authority is pursuing a plan to close my business stating they were unaware of the use after all these years. I would add before purchasing the building,the authority were my landlords. Do I have any recall in law, as it has become increasingly apparent they have a determination to close my small family business. Thank you Tony XXXXXXX

Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
When licensing laws altered,the authority imposed unreasonable conditions upon us, our appeal to the inspectorate had these removed and we were recognised us Sui generics use in 2006. Since the neighbouring application the authority has tried to clasiffy us as nightclub, despite the hours to which we must comply fall short of other nightclubs.This all commenced in 2011. In an attempt to compromise with the neighbouring property the authority have suggested that co operating would be to our benefit in them granting a permission to operate as a nightclub. We have always maintained that we have never been a nightclub, but operated under our Sui generis use conditions. Their proposal to work with our neighbour and entering a new application to operate as a nightclub, I believe is a ruse to attempt to make our earlier submission as to the use as untruthful.
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 1 year ago.
Dear Nicola,
As I have yet to receive a reply, you must be experiencing difficulties. Please cancel my application and any payments that would have become due
Thank you

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