Breaker / elv / scrap yard

[itsginababe]

Hello,
Im trying to buy old ELV yard.
Can someone help me with that ?
Im from overseas and i dont know british law.
Ive found land , used before as breaker yard, currently there is no license on that site.
Seller told me there is no problem to get license back , but i dont want to spend money in buying yard that i cannot get license.
seller sent me document wich says:


If im a right and proper person this is warranted document i can get breaker license on this site ?


Maybe some of you want to sell breaker yard or rent it ?
Or maybe some of you wanna cooperate ?
We buying 1000 cars per year, we dismount and export parts overseas.

Thank for help

[itsginababe]

CERTIFICATE OF LAWFUL USE OF DEVELOPMENT
TOWN AND COUNTRY PLANNING ACT 1990
Sections 191 and 192
(as amended)
Town and Country Planning (General Development Procedure)
Order 2015 ArtIcle 39
Certificate of Lawful Use or Development
(Planning Application No. WL/2024/00853 )
The West Lindsey District Council hereby certify that on 08/10/2024 the described in
the First Schedule to this certificate in respect of the land specified in the Second
Schedule to this Certificate and annotated red on the plan attached to this certificate,
was lawful within the meaning of section 191(192)* of the Town and Country
Planning Act 1990 (as amended) for the following reasons
Following careful consideration of all the evidence available, it is concluded that on the
balance of probabilities the site has a continuous use as a Breakers Yard since the
year 2002, of which the current owner of the site originally bought the land. It is
therefore recommended that the lawful development certificate should be granted

[itsginababe]

FIRST SCHEDULE
Application for lawful development certificate for the existing use of the site as
a scrapyard/breakers yard.
SECOND SCHEDULE:
Location: xxx
xxx
xxx
xxx
Notes:
1 This certificate is issued solely for the purpose of section 191, 192* of the Town
and Country Planning Act 1990 (as amended).
2. It certifies that the (use)(operations)(matter)* specified in the First Schedule
taking place on the land described in the Second Schedule (was)(would have
been) lawful on the specified date and, thus, (was not) (would not have been)*
liable to enforcement action under section 172 of the 1990 Act on that date.
3. This certificate applies only to the extent of the (use)(operations)(matter)
described in the First Schedule and to the land specified in the Second Schedule
and identified on the attached plan. Any use/operations/matter* which is
materially different from that described or which relate(s) to other land may render
the owner or occupier liable to enforcement action.
4 The effect of the certificate is also qualified by the proviso in section 192(4) of the
1990 Act, as amended, which states that the lawfulness of a described use or
operation is only conclusively presumed where there has been no material
change, before the use is instituted or the operations begun, in any of the matters
relevant to determining such lawfulness.

[chrisch77]

What you have posted is related to planning permission, ie permitted use of the site for that purpose. It appears that someone took the piss by using the site without planning permission for a change of use to vehicle breaking, and in 2024 they were successful in getting a certificate of lawfulness for that change of use having been unchallenged by the planning authority previously.

That probably means you can use the land for the same purpose. However they doesn’t cover what is required to get a licence for the activity of vehicle dismantling and disposal, so you will need to research that separately.

[chrisch77]

Given that the previous owner/occupier didn’t follow planning rules then don’t expect any facilities on the site to meet current requirements for vehicle dismantling either, particularly around environmental issues such as pollution controls. Also possible the ground has already been contaminated…..

[itsginababe]

they stop breaking cars in 2003 so maybe there was another restrictions in that year.
I am aware ground can be contaminated its normal on breaker yards.

[StevieBee]

Certification of land use is only part of what you need to consider.

The UK is very heavily regulated when it comes to ELVs. Here's a good place to start:

https://www.ciwm.co.uk/ciwm/knowledge/end-of-life-...

If you're considering exporting anything you disassemble, then you also need to keep in mind that the UK is a signatory to the Basel Convention on the transboundary movement of hazardous waste. This means you have reporting obligations on what you ship.

All of the above is robustly enforced - more so of late because of the increasing proliferation of lithium batteries entering into the ELV cycle.

All of the above is certainly navigable but do know that you are entering a highly regulated business.

[itsginababe]

i know how to keep that buisness running becouse i have breaker yard in my country which is part of EU.
In EU that buisness is very restricted, even body parts like doors cannot be stored on site without roof :O
I know everything about depolution , batteries etc.
Im doing exports from uk now , i know i cannot export seatbelts ,airbags, engines/gearboxes with oil etc.

[SIMON67]

Before you can operate you will require an Environmental Permit; issued and regulated by the Environment Agency. Obtaining your permit will require knowledge of the Environmental Permitting Regulations, risk assessments, operating techniques etc. Unless you already have this knowledge, you would be best advised to employ the services of a good consultant. Obtaining your permit is not a quick process.

[Rough101]

SIMON67 said:

Before you can operate you will require an Environmental Permit; issued and regulated by the Environment Agency. Obtaining your permit will require knowledge of the Environmental Permitting Regulations, risk assessments, operating techniques etc. Unless you already have this knowledge, you would be best advised to employ the services of a good consultant. Obtaining your permit is not a quick process.

It’s this I was going to say, that’s an environmentally high risk site and you don’t want to own someone else’s pollution. I’m not in that game, but I do some specialist inspections on equipment for environmental consultants, so I’ve read a few reports.