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Commercial reasons not 'emergencies'

12th May 1988, Page 5
12th May 1988
Page 5
Page 5, 12th May 1988 — Commercial reasons not 'emergencies'
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Which of the following most accurately describes the problem?

Michael Stevens, of South Yorks

• After hearing representations from 20 local residents, North Eastern Deputy Licensing Authority Norman Moody placed conditions on a South Yorkshire Council's licence restricting the times of vehicle movement and repair at his new operating centre. The base, he was told, had been used as garage premises since 1946.

Michael Stevens had applied to move his operating centre to Cemetary Road, Hatfield, in respect of his international licence authorising five vehicles and three trailers.

The premises had been uced by heavy goods vehicles as early as 1938 and at one time as many as 20 vehicles had operated from the yard, said Stevens, Residents complained about fires being lit and about suffering nuisance from smoke, noise and fumes. They objected to the building up of an industrial complex in a quiet residential area.

Alexander Calvert said that he had run 22 vehicles from the yard in the name of A Calvert Haulage, for 10 years or more. There was no noise now, compared to what there used to be, as he had operated 24 hours a day. He had sold the premises to a Mr Green, who had operated on a much smaller scale for a short time, before selling them to Stevens. Stevens had done a lot to the yard that he had been unable to afford.

Cyril Brown, who lived next door to the premises, said there had been a great improvement in the condition of the yard since Stevens had taken it over, and the volume of traffic had been greatly reduced.

After one resident had complained about being able to see parked vehicles and trailers, Moody said that he did not think that the view from the resident's house was an environmental matter.

In his decision, Moody said he believed that acrid smoke from the fires did constitute a nuisance, but he was not satisfied that it was related to the operation of the vehicles. The question of hazard from the fires and the situation of the diesel tank was a matter that the residents should take up with the Health & Safety Executive.

The DLA said he was satisfied that there was undue noise from vehicles within the operating centre, but he had to balance the interests of the operator against those of the residents.

In imposing conditions on the licence which would apply except in the case of an emergency, the DLA said "emergency" did not mean a commercial emergency but it did mean that essential repairs might be carried out.