Goods Vehicles (Licensing of Operators) Act 1995
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Change 1
14 Determinations where objections etc are made on environmental grounds.
(1) This section applies to any application for a heavy goods vehicle licence in respect of which— (a) any objection is duly made under section 12(1)(b), or (b) any representations are duly made under section 12(4). (2) A traffic commissioner may refuse an application to which this section applies on the ground that, as respects any place in the traffic area concerned which, if the licence were issued, would be an operating centre of the holder of the licence— (a) the parking of heavy goods vehicles used under the licence at or in the vicinity of the place in question would cause adverse effects on environmental conditions in the vicinity of that place; or (b) the place in question would be unsuitable for use as an operating centre of the holder of the licence on other environmental grounds. (3) A traffic commissioner may not refuse an application for a heavy goods vehicle licence on the ground that any place would be unsuitable as mentioned in subsection (2)(b) if— (a) on the date the application was made, that place was already specified in a heavy goods vehicle licence ... as an operating centre of the holder of that licence, or (b) the applicant has produced to a traffic commissioner a certificate in force in respect of that place under— (i) section 191 or 192 of the Town and Country Planning Act 1990, or (ii) section 150 or 151 of the Town and Country Planning (Scotland) Act 1997; stating that its use as an operating centre for heavy goods vehicles used under any heavy goods vehicle licence is or would be lawful. (4) Subsection (3) does not apply in relation to any place that, at the time the application is determined by the traffic commissioner, is specified in a heavy goods vehicle licence as an operating centre of the holder of that licence. (5) A place is not to be regarded for the purposes of paragraph (a) of subsection (3) as being specified in a heavy goods vehicle licence by reason only that it forms part of a place so specified; and a place that was, on the date mentioned in that paragraph, a place specified in a heavy goods vehicle licence as mentioned in that paragraph shall be disregarded for the purposes of that paragraph if, on that date— (a) the heavy goods vehicle licence in which that place was specified was an interim licence issued under section 24; or (b) that place was so specified by virtue of an interim direction such as is mentioned in section 25; or (c) such conditions relating to— (i) the exercise of the right of any person to appeal against a place being specified in a heavy goods vehicle licence, or (ii) the review under section 36 of any decision so to specify a place, as may be prescribed were not satisfied in relation to that place. (6) Where in the case of any application for a heavy goods vehicle licence— (a) a traffic commissioner has power to refuse the application under subsection (2), and (b) any place other than a place that will be unsuitable for use as an operating centre is mentioned in the statement given by the applicant under section 8(3) as a proposed operating centre of his, the commissioner may, instead of refusing the application, issue the licence but specify in it only such place or such places mentioned in that statement as will not be unsuitable for use as an operating centre. (7) For the purposes of subsection (6), a place will be unsuitable for use as an operating centre if the traffic commissioner has power to refuse the application under subsection (2) in consequence of the proposed use of that place as an operating centre.
14 Determinations where objections etc are made on environmental grounds.
(1) This section applies to any application for a heavy goods vehicle licence in respect of which— (a) any objection is duly made under section 12(1)(b), or (b) any representations are duly made under section 12(4). (2) A traffic commissioner may refuse an application to which this section applies on the ground that, as respects any place in the traffic area concerned which, if the licence were issued, would be an operating centre of the holder of the licence— (a) the parking of heavy goods vehicles used under the licence at or in the vicinity of the place in question would cause adverse effects on environmental conditions in the vicinity of that place; or (b) the place in question would be unsuitable for use as an operating centre of the holder of the licence on other environmental grounds. (3) A traffic commissioner may not refuse an application for a heavy goods vehicle licence on the ground that any place would be unsuitable as mentioned in subsection (2)(b) if— (a) on the date the application was made, that place was already specified in a heavy goods vehicle licence ... as an operating centre of the holder of that licence, or (b) the applicant has produced to a traffic commissioner a certificate in force in respect of that place under— (i) section 191 or 192 of the Town and Country Planning Act 1990, or (ii) section 150 or 151 of the Town and Country Planning (Scotland) Act 1997; stating that its use as an operating centre for heavy goods vehicles used under any heavy goods vehicle licence is or would be lawful. (4) Subsection (3) does not apply in relation to any place that, at the time the application is determined by the traffic commissioner, is specified in a heavy goods vehicle licence as an operating centre of the holder of that licence. (5) A place is not to be regarded for the purposes of paragraph (a) of subsection (3) as being specified in a heavy goods vehicle licence by reason only that it forms part of a place so specified; and a place that was, on the date mentioned in that paragraph, a place specified in a heavy goods vehicle licence as mentioned in that paragraph shall be disregarded for the purposes of that paragraph if, on that date— (a) the heavy goods vehicle licence in which that place was specified was an interim licence issued under section 24; or (b) that place was so specified by virtue of an interim direction such as is mentioned in section 25; or (c) such conditions relating to— (i) the exercise of the right of any person to appeal against a place being specified in a heavy goods vehicle licence, or (ii) the review under section 36 of any decision so to specify a place, as may be prescribed were not satisfied in relation to that place. (6) Where in the case of any application for a heavy goods vehicle licence— (a) a traffic commissioner has power to refuse the application under subsection (2), and (b) any place other than a place that will be unsuitable for use as an operating centre is mentioned in the statement given by the applicant under section 8(3) as a proposed operating centre of his, the commissioner may, instead of refusing the application, issue the licence but specify in it only such place or such places mentioned in that statement as will not be unsuitable for use as an operating centre. (7) For the purposes of subsection (6), a place will be unsuitable for use as an operating centre if the traffic commissioner has power to refuse the application under subsection (2) in consequence of the proposed use of that place as an operating centre.
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