'Open question' of lorries' two bases
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P & M W Goddard Transport Ltd
EThe international operator's licence held by P & M W Goddard Transport Ltd has been renewed by South Eastern Licensing Authority Ralph Thornton for a period of two years in order to allow the planning situation to be sorted out.
In a written decision, the LA has granted the application for six vehicles and six trailers, and four vehicles and three trailers at Great Farthingloe Farm, and two vehicles and three trailers at Guston Court Farm.
The decision imposes the following condition: No more than three authorised vehicles and three trailers (of the six vehicles and six trailers authorised) may at any one time be at either Great Farthingloe Farm or Guston Court Farm for the purposes of maintenance and parking."
The L.A. after imposing the conditions stated, said in his judgment: "I leave open the question whether a vehicle can have two operating centres, having regard to the definition in Section 52 of the 1982 Act, which refers to The base or centre (in the singular) at which the vehicle is normally kept'."
There was no objection to the application as it related to Great Farthingloe Farm, and therefore he had only to consider Guston Court Farm on its merits, He was satisfied it had serious drawbacks, and in particular there was a 90° right turn at the western end of the street, but it had been an operating centre of vehicles of the type currently based there for several years, and he was satisfied that the council had not made out a case for refusal under Section 64(2) (d), at any rate for the two vehicles and three trailers formally applied for.
Two representors under Section 6913(2) gave evidence. One's complaints were limited to the effects of Goddard's vehicles passing his home; but he made no claim that the use and enjoyment of his property were prejudiced by the use of the operating centre as such. Goddard said his vehicles would pass that house only at harvest time to carry grain from the combine harvester.
The other objector, living 50 yards from the entrance, said he could hear engines being started but was a heavy sleeper and not seriously inconvenienced His complaints relating to planning and road safety were not strictly relevant in the context of Section 69B(2). The LA said he regarded himself as precluded from refusing the application by Section 69B(5) since although he was not satisfied that as many as six vehicles and trailers were ever normally kept there, certainly at least two vehicles and three trailers were kept there under the previous licence. "If circumstances require it or indeed at any time Goddard can apply to vary the licence by readjusting the vehicles between the operating centres."