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Council loses licence appeal
Page 23
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Surrey County Council has lost its appeal to the Transport Tribunal against the grant of a licence for two tippers based at West Park Road, Newchapel, Lingfield.
The South Eastern g6 Metropolitan Traffic Commissioner Christopher Heaps had granted the licence to Paul Williams. trading as Garden Materials Landscaping, subject to a number of conditions and undertakings. These were intended to reduce the danger caused by vehicles entering and leaving the operating centre. They included limiting the size of the vehicles to 17.5 tonnes, restricting vehicle movements to one movement in and one out each day, restricting vehicles to come and go in forward gear, and forcing them to turn left out of the entrance and right into it.
For the council, Dermot Main Thompson argued that the site was unsuitable on safety grounds. He maintained that the TC had failed to take account of the extent of the danger caused by traffic speeds along West Park Road as shown by seven accidents that had occurred nearby.
Rejecting those arguments, the Tribunal said that the TC had accepted that there were visibility problems at the entrance to the site which could cause danger to the public. He was satisfied that that danger could be reduced by condtions and undertakings. Having visited the she, Heaps was in the best position to determine whether that was the case.
hie had accepted Williams' evidence that he had visited the site many times and had not encountered difficulties with access. As to accidents, the TC had rightly concluded that they were not at, or associated with, the access to the she.
Finally, the Tribunal set aside an undertaking given by Williams that he and his drivers would not commence exit manoeuvres unless there were no vehicles approaching in sight from the left They said that it was clearly difficutt to enforce and unnecessary as, in effect, it amounted to Williams giving an undertaking that he and his drivers would drive professionally and competently.