Restricted O-licence holder loses operating centre appeal

Ashleigh Wight
May 4, 2017

 

A Farnham, Surrey-based operator has lost his appeal against the decision to deny him an increase in vehicle authorisation and a new operating centre.

The Upper Tribunal found that London and the South East deputy traffic commissioner (TC) John Baker was right to refuse to grant Darren Worsley permission for four vehicles last June, as it would have presented numerous issues concerning safety and noise at the site.

The restricted O-licence holder wanted to move his operations to a rural site in Farnham, but was met with objections from local residents and councils.

The proposed site, where he rented a storage building, was located in an area of scientific and historic interest.

When the application was made, Surrey County Council expressed concerns about 32-tonne vehicles turning into and out of, and passing each other, on a narrow access road. The road had no street lighting or footpaths.

A DVSA examiner visited the site before the PI and proposed that the deputy TC could impose restrictions on hours of operation and vehicle movements on Worsley’s O-licence.

However, the deputy TC refused to grant the licence on the basis that the road was unsuitable and that use of the site would have a detrimental effect on the environment and residents’ enjoyment.

The Upper Tribunal found that the deputy TC had reached his conclusion largely on the basis of safety concerns and saw nothing wrong with the approach he took.

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