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PI CASE THREE

12th February 2009
Page 30
Page 30, 12th February 2009 — PI CASE THREE
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Keywords : Law / Crime, Environment

Scaffolding firm wins Licence on appeal

ABSOLUTE SCAFFOLDING Services has been granted a licence by the Transport Tribunal, following an appeal over South Eastern & Metropolitan Traffic Commissioner Philip Brown's earlier refusal.

However, in directing a licence be granted for one vehicle with an operating centre at Rock Lane, Guestling, Hastings, the Tribunal imposed a number of conditions: • Restricting the size of the chosen vehicle to 7.5 tonnes.

• Restricting the hours of operation and the number of movements made.

• Banning maintenance at the site.

• Stipulating where the vehicle should be parked.

The company's application had been opposed by Rother District Council, and there were representations made from four neighbouring residents.

The firm had been operating from the site under interim authority, subject to a number of environmental conditions.

Evidence was provided by the council that there was no planning permission for the use of the site as an operating centre.

The TC considered the site was technically suitable, but concluded it was manifestly unsuitable on environmental grounds.

The Tribunal said a finding of environmental unsuitability under the legislation was not, in fact, mandatory.

The regulations provided for the attachment of conditions to prevent or minimise adverse environmental effects.

All the TC had to do was to find the site was suitable, subject to conditions.

This meant continuing the conditions on the interim licence, which had been met by the firm and accepted by the council and the representors and to strengthen them in the light of the evidence.


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