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Give and take verdict for Derbyshire landscape firm
Page 22
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The use of an unauthorised operating centre has resulted in the immediate revocation of the licence held by a Derby shire operator at a Matlock Public Inquiry. David Hopkinson, appearing before North Western Deputy Traffic Commissioner Patrick Mulvenna, trades as both Derbyshire Landscape Supplies (DLS) and Derbyshire Landscapes. DLS held a licence for two vehicles based in Chesterfield. Derbyshire Landscapes wished to apply fora licence for six vehicles, four to be based at Chesterfield and two at Wessington.
However, the application for the Wessington site was opposed by North-East Derbyshire District Council and 10 neighbouring residents. In addition, allegations that the Wessington site was already being used by Hopkinson without authority were confirmed by a traffic examiner.
Hopkinson admitted this was the case, claiming it had arisen because one of his drivers had refused to travel to the authorised operating centre and it was necessary to use Wessington to maintain the business.
At the time, he was in negotiation with Chesterfield Borough Council for the Sheffield Road site. He did not see much point in submitting an application until this had been finalised and he could address the issue in full.
Revoking Hopkinson's licence, the DTC said that he was well aware of the need to notify the IC and to make an application for authorisation of its use. He found that Hopkinson deliberately decided against making an application. He put the needs of his business before his responsibilities as
an operator, and therefore before the requirements of the law.
As far as the company's application was concerned, the DTC said that there had been no objection to the site at Sheffield Road, Chesterfield, and he granted the application.
For the Council, David Lawson said that they had served stop and enforcement notices in relation to the use of the Wessington site. The site was close to residences and the use of it as an operating centre would subject the residents to visual intrusion, noise, fumes and vibration.
The DTC said the environmental problems could not be overcome. Balancing the needs of local residents against those of the operator, the scales fell in favour of the residents. They would face serious and material disturbance if the Wessington site was authorised while the company would suffer no consequence if it was not.