Road Legal

The current legislation relating to the environmental requirements for operating centres and the circumstances in which objections or representations can be made is contained in the Goods Vehicles (Licensing of Operators) Act 1995 and the Goods Vehicles (Licensing of Operators) Regulations 1995.  These aim to ensure the safe and proper use of goods vehicles and to protect the environment in the vicinity of an operating centre.

The suitability of the proposed operating centre is just one of a number of matters which a Traffic Commissioner will consider before granting an application for an operator's licence.

In general terms an operating centre – where vehicles are kept when they are not in use – must be suitable for the vehicles stored there, taking into account the size of the vehicles (including trailers), the location of the operating centre and the means of access.

Objections and representations

When you apply for an operator’s licence (or a major variation to your current  licence), certain categories of people have a right to make submissions about the application, some of which can be made on environmental grounds.

There are two types of submissions that a person interested in your application can make: an objection or a representation.

An objection can be made by a number of statutory objectors. These include: the police; the local authority for the area in which the operating centre is located; the local planning authority (if this is different to the local authority); the Road Haulage Association and a number of other specified trade associations and trade unions. As well as objecting on environmental grounds these statutory objectors can object on non-environmental grounds such as financial standing, the competence of the operator or the suitability of the proposed operating centre.

These objections will then be taken into account by the Traffic Commissioner in determining whether or not to issue the operator's licence.

The owners or occupiers of land in the vicinity of an operating centre also have the right to make representations if they feel that the use of a site as an operating centre will prejudicially affect their use or enjoyment of the land. In contrast with an objection, a representation may only be made on environmental grounds.

Both objections and representations must be made in writing and must state the grounds on which they are made. A copy must be sent to both the Traffic Commissioner and the applicant and must reach the Traffic Commissioner within 21 days of the publication of the application in the Traffic Commissioner's “Applications and Decisions” document for objections and within 21 days of the advertising in the local press for representations.

Environmental grounds

The environmental grounds for objections or representations can include matters such as:

• the nature and use of any other land in the vicinity of the operating centre, and the effect that granting the application is likely to have on the environment of that land;
• how much harm would be done to the environment of the land in the vicinity by granting an application which is materially to change the use of an existing (or previously used) operating centre;
• in the case of land not previously used as an operating centre, any planning permission (or planning application) relating to the operating centre or the land in its vicinity;
• the number, type and size of the authorised vehicles which will use the operating centre;
• the parking arrangements for the authorised vehicles which will use the operating centre;
• the nature and times of use of the operating centre;
• the nature and times of use of the equipment at the operating centre;
• how many vehicles would be entering and leaving the operating centre, and how often; and
• general factors such as noise, fumes, pollution, vibration and visual intrusion.

Environmental conditions

Having considered any objections or representations, the Traffic Commissioner may still decide to issue the O-licence, but with conditions to try to control the effect the operating centre will have on the surrounding environment. These could include conditions:

• limiting the number, type and size of authorised vehicles (including trailers) at the operating centre for maintenance or parking;
• controlling parking arrangements for authorised vehicles;
• controlling access to the operating centre;
• specifying the times when the operating centre may be used for the maintenance or movement of authorised vehicles.

Rights of appeal

If your licence is granted and you are unhappy with any of the conditions imposed you have a right of appeal to the Transport Tribunal.

If any statutory objection has been made to your application and your application is granted then the objectors(s) concerned also have a right to appeal to the Transport Tribunal if they are unhappy with the form of the licence granted.

Although persons who made a representation do not have the right to initiate an appeal they can apply to become a party to an appeal if one is subsequently made by an objector or applicant.

Complaints

Unlike objections, which are in response to applications, complaints can be made at any time by anyone and can be made about the use of an existing operating centre or about breaches of any of the terms under which a licence was issued.

Although a complaint can be made at any time, the Traffic Commissioner can only take immediate action if it is considered that the operator is operating outside the terms of the licence. If this is not the case, the complaint will be considered when the licence is next reviewed. O-licences are currently reviewed every five years.

Matthew Shaw is a solicitor at DLA Piper UK LLP.