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Can Conditions Be Placed on Consent ?

18th September 1959
Page 61
Page 61, 18th September 1959 — Can Conditions Be Placed on Consent ?
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Which of the following most accurately describes the problem?

T" applications, by West Hartlepool Corporation, in connection with the running of a works service were granted by the Northern Traffic Commissioners at Durham last week. The first was an application to operate 490 yards outside the county borough boundary, and the second application was to provide a service, to the South Durham Steel and lron Company's West Hartlepool (South) Works, from West Hartlepool.

Mr. N. D. Abram, for the Corporation, told the Commissioners that the purpose of the proposed service was to assist South Durham's office employees to get to work.

For United Automobile Services, who originally objected on the ground that they were already providing a bus service passing the Works and because the proposed fares were less than United's, Mr. J. L. R. Croft told the Commissioners that the two undertakings had now reached agreement. This was subject to a condition being attached to the licence that the service was available only for the Work's employees, Mr. Croft said that there was a difference of opinion as to whether Traffic Commissioners had the power to attach conditions to a consent. In his opinion the Act gave the Commissioners powers to impose restrictions.

However, if the Commissioners did not feel disposed to place such a condition upon the consent, then. said Mr. Croft, his clients would place on record that they had agreed to the consent on the specific understanding that it did not give the West Hartlepool Corporation the right. at some future date, to make applications for services of "another character" without meeting with any objection.

'The Chairman, Mr. G. W, Duncan, said that the Commissioners were not anxious to make history by attaching such a condition, and if United Automobile Services were prepared to accept what had gone on the transcript, he would grant the consent.

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Locations: Durham

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