Resident wrote to LA too early for Reg 19
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W R Atkinson (Transport) of Billingshurst
IllAn old-established Sussex haulier, W R Atkinson (Transport), was granted an 0licence in 1981 for 18 vehicles and 20 trailers; it was due to expire on February 28, 1986.
The operating centre at the time of the licence grant was in Daux Road, Billingshurst; some vehicles and trailers were kept in the Daux Road premises, some at Gillman Industrial Estate and the remainder at one or more other addresses.
On January 28, 1986, the company applied to the South Eastern LA for a further licence for 13 vehicles and 14 trailers in possession and five vehicles and six trailers to be acquired It sought four operating centres; Daux Road (six vehicles); Gillman Industrial Estate (nine vehicles, 15 trailers); Beanstalk Shelving, Chichester (one vehicle, three trailers); and Brookes & Watts Animal Feeds, Gillman Industrial Estate (two vehicles, two trailers).
The proposed operating centres in Billingshurst are a quarter to a half mile apart on side roads leading from each side of residential Lower Station Road. On December 30, 1985, about four weeks before the hauliers application, a resident, a Mr Gallani, wrote to the offices of the LA protesting that vehicles were parked overnight at Gillman Industrial Estate and complaining about the passage of heavy vehicles along Lower Station Road.
Gallam made it clear that if an application was received by the LA to include Gillman Industrial Estate as a new operating centre he wished "to object most strongly on environmental grounds".
The LA's clerk acknowledged Gallani's letter on December 31, 1985, but sent no reply until February 26, 1986, when she explained the circumstances in which people might object or make representations, saying: "The statutory objectors have until 20th March to make an objection to the application for renewal of the licence which will be published in Applications and Decisions No.1,172 on 2nd February, but the closing date for representations to the Licensing Authority with copy to the applicant in response to the advertisement which appeared in the West Stmsex Gazette on 16th January was 6th February.
"You may wish to suggest to Horsham District Council that they should lodge an objection." She did not inform Gallani that his letter of December 30 was received too early to meet the requirements of Regulation 19 of the Goods Vehicles (Operators Licences, Qualifications and Fees) Regulations 1984.
Horsham District Council's director of planning and development wrote on March 17 objecting to the application on planning grounds and the date for the LA's public inquiry was set as June 3. At that inquiry the council's representative said that if a condition it had suggested was adopted, the council would proceed no further. The Deputy LA tried to explain that attachment of conditions was not a matter for agreement between the planning authority and applicant and evidence must be called. Since the council could not do that, the inquiry was adjourned.
On August 22 the council's district solicitor wrote to the LA saying terms of operation regulating hours of operation had been agreed with W R Atkinson (Transport) and the council withdrew its objection.
The public inquiry was reconvened on August 27, but the DLA was not informed what had been agreed. After an adjournment, Mr Linington, appearing for the applicant, said he was happy for Mr Gallani, who had not seen the advertisement of the application in the West Sussex Gazette, to be heard, and the DLA found there were exceptional circumstances (if the ad had been inserted in the West Simex County Times, with a bigger circulation in Billingshurst, he was satisfied Gallani would have submitted a written representation). Gallani's evidence of noise and disturbance from vehicles was not challenged.
Mr Atkinson gave evidence that his vehicles could not always avoid Lower Station Road because some were too large to get under the railway bridge over Natts Lane, the more environmentally acceptable approach road.
The DLA decided that the grant of the application would result in no material change of use of the proposed Gillman Industrial Estate operating centre, and reserved his decision on conditions, later naming four.
The DLA approved Daux Road as an operating centre for not more than four rigids with no artics to be parked except for refuelling or maintenance. He established that Gillman's Industrial Estate is the principal operating centre.
The DLA's third condition was that: No authorised vehicle shall en route from or to the principal operating centre, traverse Lower Station Road, Billingshurst, otherwise than between the hours of 06.30 and 19.30 (Monday to Fridays), 08.00 and 17.30 (Saturdays) and shall only in exceptional circumstances traverse Lower Station Road on Sundays or Bank Holidays, any such movements to be notified to the LA in writing within seven days.
Fourthly, he ruled that no authorised vehicle shall at any time traverse Daux Avenue.
The haulier appealed to the Transport Tribunal against the imposition of condition three, and for the appellant Mr Green argued that the DLA should not have heard representations from Gallani and that condition 3 could not be properly imposed and was therefore ultra vires.
The Tribunal now finds, in a written judgment, that the DLA had been right in finding exceptional circumstances allowing him to hear the witness.
Only one argument, says the Tribunal, succeeds, and that was advanced following an invitation from the Tribunal. The conditions, it says, do not fall within any of the four categories of conditions prescribed in Regulation 21 of the 1984 Regulations.
"Although the noise of authorised vehicles passing to and from the operating centre can be taken into account in determining whether the use of the operating centre will have adverse effects on the environment,' says the Tribunal, that does not permit a condition to be imposed on the use of such roads within the vicinity by authorised vehicles under Regulation 21(d) except at the point on ingress to and egress from the operating centre. We propose, therefore, to allow this appeal to a very limited extent. Conditions 3 and 4 will be deleted and in place of condition 3 there will be substituted a fresh condition 3 in the following terms: No authorised vehicle shall turn right on leaving the principal operating centre as defined in the previous condition or turn left from Natts Lane into the operating centre except between the hours of 06.30 and 19.30 on Mondays to Fridays inclusive and between 08.00 and 17.30 hours on Saturday, and shall only in exceptional circumstances make such movements on Sundays or Bank Holidays, and such movements to be notified to the Licensing Authority in writing within seven days.