Iperator wins &appeal
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CENT operator has won appeal against a Deputy using Authority's refusal enew his licence on enviinental grounds, and the .nsport Tribunal has cised the DLA for his acat the public inquiry.
n spite of that, the rator has to accept two ditions from the Transport )unal on his licence which restrict his parking and vement in the night and y morning.
.aymond Brimley, trading Retailset of Napier Road, ingham, Kent, appealed to Transport Tribunal after a lie inquiry last February. auth Eastern DLA George .cer refused to renew Re
tailset's restricted operator's licence for three authorised vehicles after residents complained of the noise, fumes and parking of the lorries at Mr Brimley's depot.
But Transport Tribunal president Judge Inskip agreed with Mr Brimley's counsel, Patrick Hamlin, that the parking problem seemed to be from vehicles not specified on Mr Brimley's 0-licence.
And Judge Inskip criticised the DLA for taking too broad a view of the problem. He said: "He was really considering himself as having an overall view of the environment."
Mr Hanilin also said that it was never clearly stated whose lorries were making noise early in the morning.
Mr Hamlin said that if restrictions on movement had to be attached to secure the appeal, it would be better for Mr Brimley to instruct the drivers. But Judge Inskip said he would impose conditions — agreeable to Mr Brimley too — to help public relations.
It was agreed that the specified vehicles should not park in Napier Road, except in emergencies, and also that they would not move on or off the depot between midnight and 7am.
It was made clear that deliveries and collections on Napier Road should not be counted as parking.