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Tribunal orders TC to think again about rail depot refusal

20th October 2005
Page 38
Page 38, 20th October 2005 — Tribunal orders TC to think again about rail depot refusal
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A TRANSPORT Commissioner who refused to allow trucks belonging to a nationwide group to operate from a Kent rail depot may have to change his mind.

The Transport Tribunal has directed the South Eastern & Metropolitan TC Christopher Heaps to reconsider his decision to refuse to allow Balfour Beatty Group to base four vehicles at the Network Rail site in Higham,Kent.The company, which holds a licence in the South-East for 194 vehicles and two trailers,had sought to base four vehicles at Hoo Junction Depot, Canal Road. Four residents of Canal Road made representations against the application.

In refusing the application. the TC expressed surprise that in view of the dangers inherent in the use of the access road the application had not been opposed by the police, Kent County Council and Gravesham Borough Council. The police and Kent Highway Services wrote to the Tribunal indicating their objection and regretting that no objections had been lodged, in the case of the highway, because it was unaware of the public inquiry.

Tim Nesbitt, for the company, argued that the TC had failed to take into account that a successful application would result in fewer vehicles using Canal Road. He said there were as many as 1,200 vehicle movements a day over Canal Road, only six to 10 being made by Balfour Beatty vehicles, some of which would no longer be necessary if the application was granted.

The Tribunal said there was some merit in that argument.

However, it was concerned that neither the Highway Authority nor the police had had an opportunity to contribute their views at the public inquiry


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