Operating base battle enters new phase
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West Lancashire District Council v Ken Abram Ltd
11 Decision has been reserved on the battle between West Lancashire District Council and Ken Abram Ltd over the use of the company's operating centre in Rufford near Ormskirk.
Following a licensing tangle involving a number of public inquiries and two appeal hearings, the Transport Tribunal directed North Western LA Roy Hutchings, to reconsider the company's bid for authority to operate from the former premises of Cauncey's Transport with a licence for 22 vehicles and 36 trailers. The company had been compelled to move from its previous premises at Parbold, where it was licensed for 12 vehicles and 24 trailers, because of planning enforcement action taken by the district council.
The council and local residents argued that the Rufford premises were totally unsuitable for the number of vehicles applied for. They asked that the application be refused because of the company's failure to comply with environmental conditions imposed when the LA initially granted authority. They maintain the company had breached the condition relating to the number of authorised vehicles and trailers which might be at the premises at any onetime.
John Bacichouse, for the company, denied that there had been any breach of the conditions. He said that the trailers were now owned personally by Abram who was not subjected to restrictions of operators' licensing, not being the operator, and there was nothing to prevent him keeping the trailers at Rufford. The company only hired the trailers from Abram when they were in use; consequently it did not require an operating centre for them. There was nothing to prevent a licence being granted for a greater number of vehicles than the operating centre was capable of accommodating provided that the LA was satisfied that the additional number would bean the road at any one time.