Extra conditions imposed on Surrey depot
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THE TRANSPORT Tribunal has added new conditions to the licence for an NFT Distribution frozen foods depot in Surrey. They are: • While any authorised vehicle is parked there its engine shall not run longer than three minutes before leaving its parking place or in connecdon with vehicle maintenance.
• No maintenance to be carried out on any authorised vehicle after lOpm on any day and before 8am on Sundays and public holidays or 6.30am on any other day.
• No movement of any authorised vehicle in or out after lOpm on any day and before 8am on Sundays and public holidays or 6.30pm on any other day.
At the end of the hearing of the appeal (CM, January 4), the Tribunal said that before further conditions were imposed it would write to each side. 1975 to 1985 and was licensed for 20 vehicles.
Many vehicles in addition to the authorised depot visited the depot. "During much of that period that company operated 30 vehicles, and at peak periods up to 40 vehicles from that depot bringing in for limited periods vehicles which had other operating Centres and/or by hiring vehicles," said the Tribunal.
NFT took over the distribution business and acquired an operator's licence for 22 vehicles from Chobham.
The appeal arose out of an application by NFT to the Metropolitan Licensing Authority to add 20 vehicles and 10 trailers to the licence. Objections were received from Surrey County Council, Woking Borough Council and Surrey Heath Borough Council, and letters from considerable numbers of residents. A public inquiry in May last year lasted four days.
At the Transport Tribunal hearing CM reported its deci
sion that no vehicle is to be parked with its refrigeration unit in operation, unless that unit is operated by mains electricity, between lOpm and 7am. It said further conditions would be issued in writing.
In fact, these now state: "The parking arrangements at the operating centre shall he such that while any authorised vehicle is parked there • The vehicle's refrigeration unit (if any) is either inoperative or is powered from the mains electricity supply."
In this written judgment, the Tribunal quoted the LA as saying: "I have come to the conclusion that the use which will be permitted it' the application is granted of the operating centre will not have adverse effects on the environmental conditions in the vicinity of that centre to such a degree that I should refuse the application."
The Tribunal said that "he was probably referring not to the whole use which would be permitted under the varied licence, but only to that adc tional use which would permitted by the grant of t application. We are therefe satisfied, on the balance probabilities, that the L misdirected himself."
The Tribunal decided th: contrary to the appe submission, an engine fitt to an authorised vehicle wh being kept at an operatii centre is clearly part of t use of the operating centre.
Householders had con plained of noise, fumes at vibration caused b authorised vehicles as till passed their homes, and t conditions imposed wou prevent these vehicles di turbing them during the nig and early hours.
People who live besi< roads such as these in al case put up with noise, vibr don and fumes from passii vehicles of all kinds durii ordinary waking hours, said, unless they can persua. the highway authority to pr hibit use of the road by cc tain classes of vehicle.