A SUCCESSFUL Ringwood importer is fighting for the right to continue trading at his premises at Headlands Business Park.

New Forest District Council issued Merlo UK Ltd boss John Iles with an enforcement notice ordering him to stop using his premises at the Blashford business park for industrial, storage and distribution purposes.

Merlo imports, modifies and sells Italian made lifting machinery for agriculture and industry. The notice ordered him to cease all lorry deliveries and testing of machinery.

The council alleges the planning permission given to Mr Iles was for Class B1 business use only which means people living nearby must not be disturbed.

The enforcement notice followed complaints from near neighbours John and Valerie Heath about noise and overlooking.

The Heaths went to the local government Ombudsman who ruled the council had failed to properly investigate their concerns.

Restrictions were placed on the business but eventually the council's planning committee decided Merlo had failed to control noise levels and the enforcement notice followed.

Mr Iles appealed to the government's planning inspectorate.

Yesterday inspector Howard Russon heard Mr Iles' planning consultant Simon Packer say the allegations were unfounded and the council failed to provide detailed evidence to substantiate its allegation the current use was detrimental to neighbours.

He suggested an acoustic barrier between Mr and Mrs Heath's fence and Merlo's yard would solve the problem.

Council barrister Gary Grant asked whether noise from the premises was compatible with a residential area.

Mr Packer said: "I believe you could associate it with other activities that would take place in a residential area, by that I mean delivery vehicles and service vehicles.

The inquiry is due to finish on November 9.

Mr Russon will make his decision at a later date after considering all the evidence.

First published: November 9, 2005