Dear Mr and Mrs Routledge

I’m sorry that I’ve not had a chance to reply to your email of Tuesday before now.

You ask ‘who has designated this site as ‘industrial’’:

Use of the site of the slipway itself and the land between it and River Drive dates at least from a planning permission granted in 1976 for ‘new slipway for maintenance/repair of fishing vessels’ (I say ‘at least’ because general industrial use of the site may date from before this).  The use of the strip of land (roughly 40m wide) between the houses and the slipway dates from a 1987 permission for ‘erection of boat repair shed for repair and maintenance of boats’ (although the shed itself was never built).   This was an area that was formerly part of the Velva Liquids site, which was on the site of what is now the Harbour View properties.

In legal terms, this means that the lawful use of the site for planning purposes is general industrial-which is defined as use for carrying on an industrial process.

 “industrial process” means a process for or incidental to any of the following purposes:—

(a) the making of any article or part of any article (including a ship or vessel, or a film, video or sound recording);

(b) the altering, repairing, maintaining, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article;or

(c) the getting, dressing or treatment of minerals;

in the course of any trade or business other than agriculture, and other than a use carried out in or adjacent to a mine or quarry;

What we have is a report that the new structure is not being constructed in accordance with the approved plans, and that conditions of the 1996 permission have not been complied with.  It will take time to fully investigate and analyse the situation and then make a decision in the light of all the facts.  We must take time to ensure we get it right, for all concerned.  At this stage I am not able to say when this process will be completed.  I can assure you that we do take the matter seriously, but we must take the time to do this properly.

With regards to your message below, Planning and Environmental Health are liaising on this case, but I’m sure you will appreciate that they are two separate statutory codes.  As regards any future development proposals, the company will need to bring those forwards in the usual way, and if a planning application is made it will be subject to local publicity.

Regards