Questions over use of Errol land
Bid follows investigation
statements made by the applicant in previous planning applications for the site.
“In regard to the alleged use of the ground by ‘landscape contracting firms,’ if there was any such use, the planning authority should look very closely at the intensity of any such use and whether it was ancillary rather than a main use.
“There is evidence that the main use of the land has always been agricultural until around 2017/18 when the presently unauthorised change of use took place.
“The planning authority may wish to ask the applicant, as landlord at all relevant times, why he never thought it necessary to apply for an entry to be made on the valuation roll for non-domestic use of the land and liability to business rates if he now considers that the land was in business use prior to April 1, 2018.
“He was in control of Growing Concerns (Scotland) Ltd, which he describes in an online publication as a ‘landscape business,’ from 1992 to 2008. He may be able to confirm that there was no material change of use during the period when Growing Concerns (Scotland) Ltd allegedly occupied it and that any storage uses were ancillary to agricultural use. The extent to which the site was actually used by the company Grass Engineering Ltd, mentioned in the application documents, should also be ascertained.
“Allegedly a landscape contracting business, according to the applicant’s agent, the company hardly seems to have traded at all.
“Register of Companies information show that the company was incorporated on April 10, 2012 and was finally dissolved via compulsory strike-off on September 19, 2017.
“Its first compulsory striking-off was in 2013, it had three compulsory strike-off actions discontinued and was once dissolved and administratively restored to the register.
“Such a trading history does not support the claim that the existing agricultural use of the site had materially changed.”
David Queriple from Montgomery Forgan Associates told the PA they would be responding to Mr Symon’s objection in due course. The application awaits determination by PKC.