1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156 
Is Private Garage a Business Place?
Page 72
If you've noticed an error in this article please click here to report it so we can fix it.
CAN a garage used purely for the housing of lorries belonging to one owner, who operates them under an A licence in the service of only one firm, be regarded as business premises within the meaning of the Town Planning Act?
This question was raised at a Ministry of Health inquiry at York on December 23, into an appeal -against York Corporation's refusal to allow the erection of a garage for three lorries at 91, Heworth, York. The ground of refusal was that the street of Heworth is scheduled as a residential area under the Town Planning Act.
'• The appellant was Mrs. H. Oglesby, of Haley's Terrace, who had entered into a provisional contract to purchase certain property, and proposed to build a garage for the benefit of her brother, Mr. Langan, who owned three lorries.
Mr. E. V. Cooper, for the appellant, said that, as Mr. Langan used the lorries for only one firm, it was not a business in the ordinary sense of the word. He could see little difference between garaging lorries or an ordinary private car, so long as no noise was made. No repairs would be don, there would be no noise except for the starting up of the engines, and there would be no noise of any kind before 7.30 a.m. and after 6 p.m. • Mr. Cooper also remarked that he was not satisfied that the corporation had the right to prevent construction.
The town clerk (Mr. R. Anderson) said that the corporation had refused consent because there was residential property all around -the site. It was impossible to carry on the garage without noise.