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A The representations you received (NOT objections) are almost certainly

6th April 1989, Page 69
6th April 1989
Page 69
Page 69, 6th April 1989 — A The representations you received (NOT objections) are almost certainly
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Which of the following most accurately describes the problem?

a matter for the Licensing Authority to consider only if the access to your Operating Centre is a danger to those people who are in the "vicinity" of the Operating Centre.

Representors can only really be taken into account if they can demonstrate that "the use and enjoyment of their proper ty is prejudicially affected environmentally". Many public inquiries (as a result of representation) hinge on who is in the vicinity.

Recently, the Transport Tribunal sent back a decision to the Licensing Authority (Ings Transport vs SETA) because the Licensing Authority had perhaps not judged "vicinity" correctly.

Road safety is only a matter for the Licensing Authority if it affects the ingres and egress onto a public road from the operating centre and those representors, in my opinion, anyone giving evidence must be confined to the effect on their property. However, it has become the habit of some Licensing Authorities to suggest to district councils (objectors) that they bring evidence by way of residents to the general nuisance value of an Operating Centre.

I believe that many Licensing Authorities would like to see their scope qualified by statute rather than Tribunal's opinion that can change due to unquantifiable pressures.