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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2451
Experience:  Over 5 years in practice.
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I rent on a leaasehold

Customer Question

I rent on a leaasehold basis a very small piece of commercial land that is based within a fully authorised commercial industrial/trading estate. My daughter had a limited company trading as a removals business and applied just over five years ago for a operators licence to operate five rigid trucks from this land,a public anouncement was made as per the requirements of VOSA and a visit from a council officer ensued. When this officer visited the premises for an inspectiion two portalble 20 foot containers pre-stood in the yard ( they had been in place for many years but the yard had not been use for many years at that point in time) and the inspector asked what the yard would be used for and we repied " parking of the five trucks only", as no services existed on this land in any way, no water/gas/electricity or telephone point. This council officer agreed that the land was suitable for the purpose of "parking only" with no office use or other purpose and the license was granted for the five year period ( and no business rates charged either). My daughter decided at the end of this period to not continue with the business and I registered a new LTD company and have applied in the same manner but this time only for two trucks ( not the previous agreed five which had expired). The new appointed council officer who visited the site raised all sorts of objections to the preposed use and new application for different reasons ( no mains services being one of them) but I think that these may be resolved now however he has written once more and asked if we have ever had planning permission for the site and do we have paper work to substanciate this. My question is==Why would we need planning permission in any way for this site? no permanent srtuctures exist on it and in any event is was already pre-agreed by the very same council only just over five years ago on exactly the same terms but with five trucks ( not just two) does not this set an auotomatic acceptance from the council in this matter, on what grounds can they possibly object? no complaints or problems of ny kind were every received during the last five years whilst my daughters company used it for the same purpose. Kind Regards, ***** ***** of Ian XXXXX Ltd

Submitted: 3 years ago.
Category: Property Law