Councils argue on operating base 'vicinity'
Page 19
If you've noticed an error in this article please click here to report it so we can fix it.
C.C. Express Hay and Straw Services II Judgment has been reserved on an appeal by two local authorities against a grant of licence to C.C. Express Hay and Straw Services of Lucas Green, West End, Surrey.
The firm was granted a licence for four vehicles and trailers subject to certain environmental conditions by former South Eastern LA Randall Thornton. The Transport Tribunal sought the views of the Treasury Solicitor on what should and should not be considered to be within the vicinity of the operating centre after that decision was appealed by Surrey County Council and Surrey Heath Borough Council.
For the councils Geoffrey Stephenson said access to the operating centre was along a totally unsuitable track. Although admitting that there were adverse environmental effects on residents of property along the track, the LA had held there were now adverse environmental effects in the use of the operating centre as such.
Stephenson argued that the effect of vehicles travelling to and from the operating centre was a relevant consideration. That could include consideration of any road the LA found to be affected by the operating centre. Where there was only one access road it formed part of the ingress and egress. Travel to and from the operating centre was part of the use of that centre. It was clear that the LA would have refused the application had he felt he had the power to do so having held that the track was totally unsuited to the uses by heavy goods vehicles Robin Purchas, representing the Treasury Solicitor, said his view was that the facility related to what was physically near to the operating centre and should not be extended to include approach roads. Consideration of the environmental impact in the vicinity of an operating centre must inevitably include how vehicles got to and from the centre. The dictionary definition of ingress and egress was a going into and a going out of. That was very different from an approach. However, there was no restriction to vicinity or territorially in respect of a statutory objection by such as a local authority and under Section 69B(1). Consideration of environmental impact over a wider area was a point that could only be taken by a statutory objector.