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For the firm, Michael Whiteford argued that the use of Lochrin Place had not been abandoned, but had been temporarily discontinued as a centrally located site was essential for economic and operational reasons. Use of the site had ceased in July 1989, when the Lower London Road site became available. As the current application sought merely to continue the existing authority, the LA was precluded from refusing the application. He said the existing vehicle authorisation could have been fully used at any time, and ought properly to be considered as equating to the current use.
Whiteford pointed out that the local authority had not objected to the application, unlike the firm's previous application in 1987; and had not taken the steps envisaged at that time under planning or environmental legislation.
The LA renewed the licence, with a number of environmental conditions and said he accepted that at this stage the use of Lochrin Place had been temporarily discontinued. Had it been an entirely new operating centre, he would have refused the application on the grounds that the site was unsuitable for use as an operating centre. However, he decided to accept the view that the material change provisions of the act denied him the option of refusing the application.