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Haulier wins appeal for new base
Page 24
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A Salisbury hay and straw merchant has persuaded the Transport Tribunal to order a rehearing of its
application to move to a new operating centre. Gary Way had appealed against Western Traffic Commissioner Philip Brown's decision to refuse his application to move his base to Lower Leigh Farm, East Knoyle, Salisbury while his current operating centre at Axminster is closed for redevelopment. Following representations from neighbours Brown had concluded that Lower Leigh Farm was not technically or environmentally suitable, but the Tribunal decided that the TC had taken account of irrelevant matters.
It said that access to the site was along Leigh Lane, along a right of way and over a concreted strip on land belonging to one of Way's neighbours. Road safety was a relevant consideration when deciding whether a site was suitable for use as
an operating centre—but only where a private road met a public one.
In this case, the Tribunal added, the junction was where Leigh Lane ended and the right of way began, so the suitability of the public highway and related safety considerations were irrelevant. inconvenience caused to drivers using the highway by vehicles going to and from the operating centre was also irrelevant.
The Tribunal did not accept that the IC's decision was justified by the evidence.