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!As' E-reg rules
Page 10
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ENVIRONMENTAL representations from people who do not comply with the limits of operator licensing regulations may only be considered in exceptional circumstances, Licensing Authorities have been reminded for the second time this month.
In its written judgment on the second environmental 0licensing appeal, the Transport Tribunal upheld the case of Leeds-based Auto Industries (CM, March 2) and reminded LAs that they have little scope to consider representations from people who do not own or occupy land in the vicinity of a contested operating centre.
In this case, Auto Industries operated from premises in an 80-year-old industrial estate, and the representors lived in a small street opposite its entrance.
Their objection, which had been sustained by North-Eastern Deputy LA Norman Moody, was based largely on the volume of other operators' vehicles which Auto Industries' premises attracted to the area.
The Tribunal has gone on to repeat the comments it made in its written judgment on the appeal by UK Corrugated of Pudsey that Mr Moody should not have considered the representations in any case.
He had allowed the evidence on the grounds that the company's solicitor had not objected, but the Tribunal said: "Lack of objection by an applicant does not itself justify an LA in hearing representations from a person who has not compiled with Regulations 18 and 19.
'The discretion he is given ... is limited, not general. It reads: 'the LA may in circumstances which he considers to be exceptional consider representations notwithstanding all or any of the requirements specified in Regulation 18 and 19(2) and not complied with'.
"We have emphasised the word 'exceptional' because it is a strong word. Unless there are circumstances which the LA considers exceptional, a person who has not complied with Regulations 18 and 19 cannot make representations, even when no objection is taken by the applicant."