New application needed to get sight line approval
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Guildford-based Malcolm Stonehouse has lost his appeal against the rejection of a bid to operate a vehicle from his home address.
South Eastern & Metropolitan Traffic Commissioner Brigadier Michael Turner had rejected Stonehouse's application to operate from Pirbright Road, Normandy after it was opposed by Surrey County Council on safety grounds because of inadequate sight lines.
Appealing to the Transport Tribunal, Stonehouse maintained that the TC should have
granted the application subject to a condition that the sight lines would be improved by agreement r with his neighbours. He pointed out that this had now been done.
But the Tribunal found that the TC had been right to refuse the licence, for two reasons.
First, the question of sight lines was so important that it would have been necessary For such a condition to be met before the licence took effect.
Second, any condition attached to a licence applied to the operator who was responsible for complying with it.
If an 0-licence had been granted with the suggested condition it would have meant that either the TC was effectively imposing a condition on Stonehouse's neighbours, which would have been illegal; or he would have had to impose an obligation on Stonehouse to "use his best endeavours", or some other potentially unsatisfactory form of words.
The Tribunal was unable to take account of the fact that the sight lines had been improved since the public inquiry. Before it could be decided if the sight lines were now adequate, Stonehouse would have to submit a fresh application.