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A Tucker loses licence appeal

19th January 2012
Page 7
Page 7, 19th January 2012 — A Tucker loses licence appeal
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Keywords : Shafton

BARNSLEY HAULIER A Tucker and Son – which had its interim O-licence revoked following complaints from local residents living close to its yard about noise – has lost its appeal against the decision.

Upper Tribunal Judge Mark Hinchliffe upheld the July 2011 decision of North Eastern Deputy Traffic Commissioner (DTC) Elizabeth Perrett when she revoked the firm’s interim licence for two vehicles at Greenside Farm, in Shafton, Barnsley.

Residents told the June 2011 public inquiry (PI) into the firm that they were regularly woken up by noise from the haulier’s trucks, including Sundays at 5am.

One resident said: “It wakes me and my wife up. These are skip wagons, empty, going down that road, thundering, banging, crashing. They’re not trundling along at five miles an hour in total silence.” The firm told the PI it provided an emergency response to food producers who demanded a 24/7 service.

During the PI, the operator offered to adhere to a 5mph speed limit when entering and leaving its operating centre.

It also offered to stop emitting warning sounds when moving, loading or unloading vehicles between 7pm and 7am.

The DTC rejected the firm’s proposals. However, on appeal, the company said she should have done more to search for common ground between it and the local residents.

Judge Hinchliffe said the DTC had been put in “an extremely difficult position”. He added that because the revocation order would not take place for at least three months, A Tucker and Son had the opportunity to make a fresh O-licence application.

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Organisations: Upper Tribunal