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Tribunal gives lite reprieve
Page 21
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The Transport Tribunal has quashed a decision to remove an operating centre in West Yorkshire, but it upheld the suspension of the licence for 10 days for apparent breaches of wironmental conditions.
Keighley-hased TC Atkinson & Sons holds a two-vehicle ;ence; its site had been used for the storage and sorting of aste for many years. New houses were butt nearby in 1988 id the use of the site had been considered by the TC on imerous occasions since 1994 following representations om two of the residents.
A string of Public Inquiries followed and a number of envimmental conditions were imposed. The firm was also sent am rig letters between 1998 and 2001. The residents corneined to North Eastern Traffic Commissioner Torn lacartney about vehicle movements outside the permitted Dm, and noise, pollution and dirt.
The Tribunal said there was little doubt that partner hristopher Atkinson had not helped himself at the Public quiry. The TC had found him belligerent and was sympathetic the residents, whom he perceived to be victims of breathes f conditions over many years.
However, the Tribunal concluded that the TC had rnisclicted himself because he had failed to take into account the iwful use to which the site was being put. There was a ertificate of Lawful Use and it was licensed by the Waste egulation Authority. The dust, fumes, noise and pollution ere part and parcel of that lawful use. Most of the early tarts were within the hours permitted by the waste licence nd it was unsatisfactory that the starting times in the two ets of conditions did not match.
The Tribunal bore in mind that it was dealing with the use of single vehicle on a site which was expressly licensed for laste. As had been pointed out, the site could be used far lore actively by a different operator if TC Atkinson St, Sons ras forced out of business. The Tribunal thought that the TC odd have come to a different conclusion if he had had conidered the issue of lawful use properly.
Upholding the suspension of the licence, the Tribunal said is would focus the partners' minds on future compliance.