Conditions to Consent
Page 59
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HAVE Traffic Commissioners the power to attach conditions to a consent? This question arose in a case in the Northern Area when Mr. (3. W. Duncan, deputy chairman of the Commissioners, said that they were not anxious to make history by attaching conditions to an application by West Hartlepool Corporation.
He asked United Automobile Services, Ltd., to accept verbal undertakings that the proposed service was only for works employees, but would not have been creating a precedent had conditions been laid down. About two years ago the North Western Commissioners attached conditions to a consent.
Sub-section 3 of Section 102 of the 1930 Act states: "The CommisSioners. after holding a public inquiry in any case in which they consider it desirable . may either grant or refuse the consent applied for, or may grant a consent in such modified form, or subject to such conditions, as they think fit."
Thus the law seems clear. Whilst at the time of an application an undertaking may be given and there may be every intention of fulfilling it. stipulated licence conditions are better.