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IC told to reconsider operating centre
Page 34
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THETRANSPORTTR1B U N AL has directed South Eastern & Metropolitan Traffic Commissioner Christopher Heaps to reconsider his decision to remove a Chertsey. Surrey operating centre from a licence held by British Benzol at its five-year review.
The company holds a licence for 35 vehicles and 13 trailers with authority for four vehicles and one trailer at Brox Road, Ottershaw, Chertsey.
WS Hunt's Transport holds a licence authorising 21 vehicles and five trailers at the site. Hunt's Contract Hire had applied to base one vehicle at the site with a consequent reduction of one vehicle on the Hunt's Transport licence. British Benzol was authorised at the site in April 2001. It had previously been used by Hunt's Oil.`lhe Hunt's Transport licence was not due for review until February 2006.
Following a site visit, the TC granted the Hunt's Contract application, but removed the site from the British Benzol licence because of numerous complaints received from 40 local residents, Surrey County Council and Runnymede District Council since 2001.
Tim Nesbitt, for the company, argued that it was unfair to attribute all the shortcomings to British Benzol and to remove the site from its licence alone.
The Tribunal said the TC's difficulty had been that because of the different timing of the reviews he could only review British Benzol's licence at the time of the public inquiry. However, to reduce British Benzol's vehicles from five to zero was disproportionate and unfair. It sent the case back to the TC so he could call all the companies together and look at the problem as a whole.