Red tape cuts affect depots
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by Karen Miles • Transport companies face losses of thousands of pounds on their depots if they fail to protect themselves against new legislation intended to cut red tape.
The risk has emerged from close reading of the Deregulation Act— designed to reduce bureaucracy for business—which is due to come into force by the end of the year. It introduces new ground rules for Licensing Authorities to refuse the use of depots passed from old to new occupants.
The new act states that any operator planning to move into a new depot could be refused permission by an LA on two grounds: Li If at the time of the application the operating centre was not specified on any 0-licence; iI If there is no certificate of lawful use or development, issued under Section 191 of the Town and Country Planning Act 1990 (as amended).
Transport consultant Jim Duckworth says the provisions can "seriously affect the value of an operating centre". And he warns that producing evidence of planning permission will not be sufficient under the new rules.
"To protect their own interests in the years ahead and the resale value of their property, operators who do not have the Section 19 certificate should take steps to obtain one without delay," he says.
Until now LAs have only been able to refuse permission on environmental grounds if there is a "material change" in the use of an operating centre.