DTC exceeded his power
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• The Transport Tribunal has stressed that any environmental conditions that are imposed on 0-licences, and any undertakings required from operators, must be necessary, precise and enforceable.
North Western Deputy Traffic Commissioner Patrick Mulvenna had granted Shane Murphy, trading as Rapid Removal and Storage, authority to use premises at Garth Road, Glan Conwyy, as an operating centre subject to four conditions.
The first three related to the entry and exit at the centre, the size and type of authorised vehicles and the times of operation. The fourth condition stated that before the end of July Murphy should plant a hedge which
would reach a height of at least 15 feet to screen the vehicles parked at the site. That decision was appealed by objector Conwy County Borough Council.
In January a planning enforcement notice in respect of the area of hard-standing proposed as the operating centre was served on Murphy on the grounds there had been a material change of use of the land for storage and distribution purposes not related directly to agriculture. His appeal against that enforcement notice had been turned down and as a result he did not contest the council's appeal before the Tribunal.
Allowing the appeal, the Tribunal did not consider that the Deputy TC had the power to attach a screening condition in the first place.