Carryfast wins appeal
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CARRYFAST, the First major haulier to ti.)peal to the Transport Tribunal because of conditions imposed on one of its depots on environmental grounds, has won its case.
The Transport Tribunal has also raised more teething problems on the Licensing Authorities's interpretation of last year's environmental legislation.
Carryfast was successful in appealing against two decisions by South Eastern Licensing Authority Randall Thornton on its Station Approach. Maidstone depot.
Carryfast's counsel, Nigel Pleming, argued that the imposition of movement restrictions in and out of the depot between midnight and oat» all week, and all day Sunday caused "great inconvenience and overall expense", but that the company had accepted this
It had also accepted the parking ban in Station Approach, the fact that only two tractive units could be specified on the licence, and apart from them, no authorised vehicles — ocher than trailers — exceeded 13 tonnes GVW could be kept at Maidstone.
But Pleming argued successfully that the LA had already carried out the envi ronmental balancing exercise. He had not needed to include a ban on loading and sorting of parcels within the depot in the restricted times. There had been no real evidence of excessive noise anyway, he said.
And by refusing to give the Maidstone depot a renewed licence for 15 vehicles and six trailers, and only 12 vehicles and three trailers, he had disregarded the need for a margin for Christmas trade.
"It disregards the evidence that the margin is an important margin for the company for four months of the year coining up to Christmas. It needs the margin, and has had it on its licencel for five years", Pleming stated.
Transport Tribunal presi dent Judge Inskip agreed, and added that the LA had acted wrongly at the public inquiry by not allowing Carryfast to make its feelings known about all the restrictions.
Legal doubts were also raised — but not settled — over whether the LA had acted correctly in trying to stop vehicles from Carryfast's Southampton depot (also in the South East area) coming into Maidstone.
Pleming told Judge Inskip that he did not believe the LA had this power, Judge Inskip also raised the question of whether it was right for an LA to impose conditions which go beyond those asked for by complaining residents at a public inquiry.