After Tani OK in 'delightful rural setting'
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Ian A Carlton of Moffat, Dumfries
• Scottish LA Hugh McNamara has renewed the licence held by Moffat-based Ian A Carlton for more vehicles but • imposed a condition prohibiting the vehicles from leaving the operating centre before 7am.
Carlton had sought renewal in respect of five vehicles and three trailers; his previous licence having authorised three vehicles. The application attracted environmental representations from a number of residents.
The LA said that much of their evidence, alleging that the conditions of the planning consent, which some considered should never have been granted, were not being adhered to, was irrelevant. Since the base was already in use as such, planning considerations did not apply.
Evidence that the residents were being disturbed by Carlton's lorries leaving early in the morning was relevant. Claims, however, that Carlton's lorries had damaged the road verges or underground services were either not proved or irrelevant.
While there was objection to the very existence of the centre in a delightful rural setting, said the LA, it was no more intrusive than many farm buildings. The number, size and type of vehicles applied for were not inappropriate. More vehicles would have to be parked in the open, he said. However, given Carlton's stated intentions to park them so that they were screened so far as possible by his bungalow and the workshop and to erect a screening fence, he did not regard the parking arrangements as grounds for refusing the application.
The LA came to the conclusion that it would be just to the residents to see that they did not suffer any more than at present from the early morning departures. It would, however, be unjust and unjustified to impose a condition banning all early morning movement since that had been authorised for a long time and without complaint until now.
The LA therefore attached a condition to the licence that only three of the authorised vehicles may depart from the operating centre before 7am.
In the LA's opinion that would not worsen the conditions complained of by the residents and it would enable Carlton to manage his business in such a way as to cause the least possible environmental damage to them. The LA had been impressed by the tidy nature of the operating centre and the apparent willingness of Carlton to do anything he reasonably could to meet the wishes of his neighbours.