News

A Traffic Commissioner says he has been unable to refuse an O-licence application from a firm operating LGVs and heavy machinery despite concerns from residents because no one officially objected. The absence of representations against the application by construction and equipment hire business Greaves Surveying and Engineering meant TC Christopher Heaps granted the licence for four vehicles to use a site in Lenham Heath, Kent. This was despite him finding that the access road was "totally unsuitable"  for use by LGVs.

However, an application by frozen food distributor Subzero to use the same site was refused after locals objected. Heaps said the site was large enough to accommodate all 14 vehicles that would potentially be using the site by the two companies. However, even though food transport business Brake Brothers had previously used the operating centre, he expressed puzzlement that the site had been allowed to develop in the way it had due to the narrowness of the single track road, Rose Lane.

Residents told the TC that they would be affected by noise and light if Subzero's licence was granted and that properties had been damaged by LGVs previously using the site. Summing up, Heaps said: "The transport tribunal has made it clear in appeal that the suitability of the public highway and road safety considerations in relation to the public highway are irrelevant considerations.

"I am satisfied, both from my site inspection and from the evidence of the  representors, that the parking of LGVs at the site and passage of LGVs along Rose Lane will result in a material change adversely affecting the environment of the vicinity. In respect of the application by Greaves, as no objections or representations have been made, I regret that I am unable to refuse its application."