Five-vehicle licence
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A NEW five-vehicle licence was granted to Bailey Brothers of Walsall by West Midlands Licensing Authority Ronald Jackson despite environmental representations from Walsall Borough Council and a member of the public.
For the firm it was said that the application for five vehicles and trailers had become necessary because of the death of the senior partner.
A written representation from Mr H. A. Dowen of Sneyd Lane, Bloxwich, stated he lived next to the firm's yard. He complained that his property and the yard had a common access, that his house was suffering from vibration and general nuisance, noise and pollution.
For Bailey's it was said it was presently engaged in litigation with Mr Dowen over a right of way. Mr Dowen had himself illegally operated three lorries at the back of the yard. Mr Dowen had tried to purchase the yard himself but had been unsuccessful, Bailey's out-bidding him at an auction.
Letters were produced from other residents living alongside the premises saying they had no objection to the firm's operations.
Michael Mason, principal traffic engineer of the Borough Council, said there was a complex situation.
Application for planning permission and for an established use certificate for two thirds of the yard had been refused and the council had resolved to take enforcement action. All three of those decisions were subject to appeal.
It was contested that the other third of the yard had an established use right and there was sufficient space in that part of the yard for five vehicles and trailers.
However, there were another 20 haulage and passenger vehicle operators with licences specifying Bailey's yard as their operating centre. All the authorised vehicles on this licence could not be accommodated on that part of the yard which was not under dispute.
If the council's decisions were upheld on appeal, they might have to ask the LA to take action against those licences on the grounds there had been a material change of circumstances.