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Tribunal upholds IC's decision to allow use of long-standing operating centre
Page 31
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A TC'S DECISION to grant applications by two associated operators to use an operating centre in Betchworth, Surrey, subject to environmental conditions, has been upheld by the Transport Tribunal.
Surrey County Council (SCC) had appealed against the decision by then South Eastern and Metropolitan Traffic Commissioner Christopher Heaps.TheTC had granted permission to David CoRingwood, trading as Construction & Demolition Services, for one vehicle; and to Fairlight Transport Services, for three vehicles. However, he imposed a time limit and ordered that vehicles must enter and leave the site by turning left.
Undertakings had also been given that there would be no more than 12 vehicle movements per day and the vegetation at the junction with Old Reigate Road would he regularly cut back.
Collingwood, who was a director of Fairlight, had told the TC his work involved the removal of rubbish in skips. Skips were stored at the site and that would continue, irrespective of the result of the applications.
Appearing before the Tribunal, Dermot Main Thompson, for SCC. said its evidence of sub-standard visibility and access had not been challenged. He argued that the TC had failed to take account of the increased hazard caused by additional vehicles using the site.
Dismissing the appeal, the Tribunal said the site had been used as an operating centre for many years. At the time of the public inquiry 10 operators were authorised to use the site with a total of 28 vehicles and 22 trailers. The TC was familiar with the site, having previously considered applications by other operators for its use in 2003 and July 2005. Summary SCC's evidence had been challenged in many respects.
Since the operators were able to use the site irrespective of whether it became an operat ing centre, the neighbouring residents might be better off with the imposition of conditions and undertakings.