A PLANNING appeal decision has left Burnley Council unable to control the number of vehicles operated by a taxi firm in the town centre.

An enforcement notice had been served on Union Cabs, which uses premises in Plumbe Street, after the owner continued to use the building as a taxi booking office without planning permission.

The building has a long history, being granted permission as an office only in 1989, with further temporary permission granted in 1995.

A check on the permission in 2000 found that the business was using ten cars and they were being parked regularly outside the office on double yellow lines.

When two further applications were made they were refused because it was proposed to park cars at St Mary's RC Church. The council's decision was upheld at appeal.

Because the business has continued to operate without permission an enforcement notice was served. The inspector said he considered the main issue to be the effect of car parking and waiting in connection with the taxi business on highway safety and convenience in the vicinity and character of the area.

In his report he said he considered there was little evidence to show the owner was parking vehicles outside the premises and it could be controlled by the existing conditions.

The inspector considered it was not reasonable to restrict the number of vehicles operating from the premises because it would amount to an unreasonable imposition on the business. Councillors at Thursday's development control committee will be told by officers there are now no controls on the number of vehicles being used for the next three years.

The officer notes: "The premises will need to be regularly monitored to ensure that the conditions are complies with and that vehicles so not park on the streets outside.

"However the council will be unable to prevent the parking of taxis on the church car park to the rear which was the reason for refusal of the last planning application and dismissal of the subsequent appeal."