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Tribunal tells LA to review condition

30th November 1985
Page 8
Page 8, 30th November 1985 — Tribunal tells LA to review condition
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Keywords : Hutchings

N TH-W STERN Licensing Aut arity Roy

Hutchings has en ordered to reconsider a night and weekend ban on naintenance or movement o m fruit and vegetable mercha 7's lorries.

The Transport ribunal has upheld part of a. appeal by Ron Chalker (1 :le Potato Man) against the imposition of conditions on its standard operator's licence for the use of an operating centre in Rochdale.

Hutchings had limited the movement and maintenance of vehicles to between 6am and 7pm on Mondays to Saturdays, and to ban movement and maintenance of authorised vehicles on Sundays and Bank Holidays.

He also said that no more than 39 vehicles, up to two of which could be over 7.5 tonnes GVW, may be kept at the site for parking or maintenance, but left the way open for the company to apply for authority to keep more vehicles over 7.5 tonnes there.

In the course of the appeal, Chalker reduced its appeal to challenge only the hours limitations.

Hutchings had observed that the hours condition "could in practice have greater adverse effects on environmental conditions than are caused by the previous method of operation.

It could well lead to an increased number of vehicles of other operators,. which are not subject to any conditions imposed of this, licence, visiting the operating centre outside the hours specified in the conditions".

He added: "If such proves to be the case, I am prepared to review the situation on request in writing from any owner or occupier of land in the vicinity of the operating centre."

But the Tribunal points out that lie has no authority to consider residents' requests for a review of a standard 0licence's conditions, and has ruled that Hutchings took account of a matter erroneously when he imposed the condition.

It wants him to hear further representations from Chalker against the conditions and for him to give "special" consideration to the effect the conditions might have on its operations.


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