Neighbours block change of centre
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• David and Margaret Burns, trading as John Burns & Sons, have lost their appeal against Scottish LA Michael Betts' refusal of permission to move their operating centre to a site at Penicuik.
The firm holds a licence for eight vehicles and three trailers based at Engine Road, Loanhead. The owners of that site wanted to develop it and the firm was given notice to quit. The search for a new operating centre led them to a site at Glencourse, Milton Bridge, Penicuik, owned by Lothian Regional Council and used as a depot for its vehicles.
It was agreed that the firm could share the site with the Highways Department so it applied to move and at the same time increase the authorisation to eight vehicles and six trailers.
That application provoked representations from neighbouring residents. In refusing the application, the LA said that the Council were authorised to keep eight vehicles at the site and the introduction of the Burns fleet would mean a substantial increase. Also, the introduction of artics and 32-tonne rigids was a significant increase in the size and nature of the vehicles that would be operating from the site He supported the view of the residents that the introduction of a commercial operation, as opposed to the council's historic maintenance role, represented a fundamental change in the activities at the site. He consequently found that the application would result in a significant material change which would adversely affect the environment in the vicinity of the operating centre.
Commenting on the fact the firm had started using the site without authority, Betts said that it had given the resider.ts an opportunity to put matters to the test rather than theorising about the future.
They all said there had been a significant worsening of the situation since the Burns operation had started. A grant would result in the introduction of a commercial activity to a primarily residential area.
Dismissing the firm's appeal, the Transport Tribunal said that the Lks findings were fully justified and they were satisfied that a grant would lead to adverse environmental effects..