Meat carriers appeal allowed
Page 17
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AN APPEAL by Livestock Sales Transport Ltd, Kent, against the decision of the South Eastern Licensing Authority to restrict the grant of an 0 licence to four vehicles, was allowed by the Transport Tribunal, in London, last week.
The company had applied for a licence to operate eight vehicles and four trailers.
If granted in full, it would involve the surrender of a licence for four vehicles and trailers issued to J. Marshall, a local abattoir owner, and the vehicles being transferred to the new licence.
Tunbridge Wells Borough Council had objected to the grant of a licence because of the possibility that Livestock Sales would carry out transport for other abbatoirs.
Mr Marshall already had planning permission to run the four vehicles from the abbatoir at Lamberhurst, and to maintain the vehicles there.
The Borough Council had said that, together with the increased number of vehicles and the possible extended future use, a fresh planning application would have to be -made and there was little likelihood of permission.
The LA had taken the view that without the possibility of planning permission, the company would not be able to maintain their vehicles.
He held that the conditions of Section 64 of the Transport Act 1968 had not been wholly fulfilled and had granted a licence for only four vehicles.
Michael Burrell, for the appellant, drew attention to three Transport Tribunal decisions in 1975. Cash and McCall, Sheridan and Bell, and Shepherd had established the principle that the LA should not concern himself with matters which were the province of the planning authority in establishing the criteria necessary for a grant of licence.