E-reg limitations
Page 14
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LIMITATIONS on environmental grounds to the opposition of operator licence applications have been highlighted in a West Midlands case_
Renewing licences held by long established Worcestershire hauliers John and Barry Ashmore, West Midlands Licensing Authority Ronald Jackson said that environmental restrictions under the 1982 Transport Act related only to the enjoyment or use of land in the vicinity of operating centres.
John and Barry Ashmore, who are father and son, both operate from the same premises at Lower Town Plaines near Worcester.
John Ashmore was seeking to renew Ins licence in respect of 10 vehicles and trailers instead of the 15 presently authorised. Barry Ashmore was seeking to renew his licence for the existing one vehicle.
There were representations against both applications from Mr and Mrs G. E. Jones, Mr and Mrs M. D. Bailey, and Mr and Mrs Colin Sk■,rrme. There was also a petition from the residents of lower Town.
For the Ashmores it was argued that the representations had been based on the belief that there was to be an increase in the number of vehicles at the premises. In fict there was a reduction. "rhis did not amount to a material change for the purpose of the Act. Consequently, the LA had no power to refuse the application if he was satisfied about the parking arrangements.
Neither could he impose environmental conditions on he licences without considering their effect on the operators' business.
John Ashmore said that 85 per cent of the work related to the movement of fruit and vegetables. Any restrictive conditions would make it very difficult to deal with this perishable commodity.
He had operated from the premises for the past 38 years and all the vehicles could be housed easily on the site. Further, the people making representations were aware of the existence of the operating centre when they bought their homes.
The residents had complained of the increasing size of vehicles, seven-day week operation, noise, dust and danger to other road users. These included children and horse riders using the access road, which was a narrow country lane.
It was said that the junction of the access road. with the niain A38 trunk road was narrow and often restricted by parked vehicles. In winter lorries often had trouble on the slope up to the junction.
In renewing the licences without restriction Mr Jackson said that, though he had sympathy with the residents, most of their complaints were matters for the district or byway authority or the police. He was satisfied .about the parking arrangements and, bearing in mind that the Ashmores were carrying fresh produce, he was not prepared to restrict the times of operation as that would cripple the business.