Against the grain Firemeadow Ltd (B. Wren & Son)
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1111 The transport of bulk grain depends greatly on the weather, a haulage company told the Transport Tribunal in its notice of appeal, and time limits imposed on its operator's licence would make it impossible to compete against other hauliers for this work.
Firemeadow Ltd, trading as B. Wren & Son, with an operating centre at Laburnum Cottage, New Farm Road, Alresford, Hampshire, has been told by the Tribunal in a written judgment that it had no hesitation in rejecting the appeal 'We warn the appellants that any failure to comply with the conditions of their licence may well lead to its revocation," said the Tribunal.
The South Eastern LA had imposed the condition that no movement of any authorised vehicle in or out of the centre may be carried out between: • Mondays to Fridays, Sam to 8pm; • Saturdays, Sam to 3pm; • Sundays, 1 pm to 6pm.
Other conditions forbade parking on the carriageway of New Farm Road; and maintaining authorised vehicles at the centre on Sundays or public holidays except in case of emergency.
Firemeadow applied to the LA on April 10, 1985, for a licence for two vehicles and six later reduced to four trailers. Licences since 1970 have shown Laburnum Cottage as an operating centre. Hampshire County Council and Winchester objected on environmental grounds, the former saying that the centre's access was through residential roads, and the latter that the development was contrary to the midHampshire structure plan.
The city council, however, accepted that for planning purposes the site had established user rights for the operation of two lorries. "Miss Murphy, who appeared for both objectors at the subsequent public inquiry, was somewhat ambivalent whether the objectors were objecting to the whole application or simply to that part which related to four trailers." Representations on the grounds of noise, fumes and obstruction of the road by vehicles, were received from seven households in New Farm Road.
The LA decided that the provisions of Section 69B, Subsection (5), precluded him from refusing the application and granted it with conditions.
The company appealed with the request that no time limit be applied to the transport of agricultural goods; Mr B. Wren had addressed the Tribunal but added nothing of substance. In our judgment," said the Tribunal, 'the Licensing Authority went as far as he properly could to aist the appellants in fixing the hours within which the authorised vehicles could move in or out of the operating centre."