Developing
Page 10
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all impact
WOULD, I think, have taken the view that I had encountered all the problems raised by those who seek to object to the grant or variation of an Operators Licence. But at a recent public enquiry, I was faced by a reason for objecting that might win the outright award for the best reason of all.
"Are they," wrote the objector, "going to use the land where their warehouse once stood but isn't there now as this burnt down, and caused us the inconvenience of having to be evacuated half a night as our homes were in danger from the fire." I have no intention of discussing the balance of convenience between the representor and the owners of the goods that were destroyed; in fact, and in fairness to the concerned member of the public, a more interesting point arose.
The site in question is in an industrial estate and has planning consent for light industrial use as a warehouse. Commercial vehicles have been operat ed from the site for many years and the current users bought the site because it provided a substantial parking area with the warehouses: in other words an ideal operating centre.
"If," said the representor, "they are going to use this land as extra parking for these vehicles this might well turn this area into a GIGANTIC LORRY PARK" (sic). The Licensing Authority accepted that this was a real concern and, although the variation with which I was concerned was allowed, the Licensing Authority observed that he could see that the site might well become overcrowded if the operations expanded.
The operator is concerned. The site was acquired because the location on an industrial estate combined with the use over the years by commercial vehicles seemed to make it absolutely right. I have to tell the operator that he is at risk, the previous use is irrelevant when set against the environmental problems that might be created by the intensification of the companies operations.
Broadly the law does not permit the acquisition of a right to commit nuisance by the passage of time. Any operator whose operating centre is close to residential areas must not only work on a day-to-day basis to minimise any problem with those neighbours, but it also must look at the impact that any development of the business may have.