Tribunal hears the Treasury Solicitor's views
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Fox Lane Metals Sunnyside Removals
• The South Eastern LA has been asked to reconsider two licence applications to base vehicles at Greenhedges, Hawley Lane, Farnborough, after the Transport Tribunal heard the Treasury Solicitor's views on the material change provisions in the environmental legislation The applications for four vehicles and three trailers by Fox Lane Metals and for three vehicles by Sunnyside Removals had been refused on the grounds that they would result in a material change adversely affecting the environment in the vicinity of the site following an objection from Hart District Council. The Transport Tribunal had asked for guidance whether in deciding there had been a material change regard should be paid to use of the operating centre for other purposes and by vehicles other than authorised vehicles, Representing the Treasury Solicitor, Robin Purchas said that it was for the applicant to satisfy the LA that a grant would not result in a material change. The object of the provision was to prevent or minimise adverse affects on environmental conditions and to protect existing users, He argued that the law did not allow an LA to exclude any other uses of an operating centre in deciding whether there had been a material change, but how much weight he gave that was a matter for him. The totality of what was going on had to be considered to see if there was an impact on environmental conditions. The material change could be to part of the operating centre and the timing was at a time the application was granted.
Christopher Guy for Hart Council argued the LA had been right to rule there would be a material change on the basis of the increase in the number of authorised vehicles on what was a multi-use site. Reference to "use" in the legislation must be use as an operating centre and not to other uses that might be going on Directing that the cases be reconsidered by the LA, the President, Judge Inskip, said the Tribunal would put its reasons, within which hopefully the LA would find guidance, in writing.
Guy indicated that the council would consider appealing the decision to the High Court.