Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010

Determination where objections etc are made on environmental grounds N.I.

13—(1) This section applies to any application for [F1 a heavy goods vehicle] licence in respect of which—

(a) any objection is duly made under section 11(1)(b), or

(b) any representations are duly made under section 11(4).

(2) The Department may refuse an application to which this section applies on the ground that, as respects any place which, if the licence were issued, would be an operating centre of the holder of the licence—

(a) the parking of [F2 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) The Department may not refuse an application for [F3 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 [F4 a heavy goods vehicle] licence as an operating centre of the holder of that licence, or

(b) the applicant has produced to the Department a certificate in force in respect of that place under [F5 section 169 or 170 of the Planning Act (Northern Ireland) 2011] stating that its use as an operating centre for vehicles used under any operator's 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 Department, is specified in [F6 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 [F7 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 [F7 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 [F8 heavy goods vehicle] licence in which that place was specified was an interim licence issued under section 21; or

(b) that place was so specified by virtue of an interim direction such as is mentioned in section 22; or

(c) such conditions relating to—

(i) the exercise of the right of any person to appeal against a place being specified in [F9 a heavy goods vehicle] licence, or

(ii) the review under section 34 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 [F10 a heavy goods vehicle] licence—

(a) the Department 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 particulars given by the applicant under section 7(4) as a proposed operating centre,

the Department may, instead of refusing the application, issue the licence but specify in it only such place or such places mentioned in those particulars 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 Department has power to refuse the application under subsection (2) in consequence of the proposed use of that place as an operating centre.

Textual Amendments

F1 Words in s. 13(1) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 85(1)

F2 Words in s. 13(2)(a) inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 85(2)

F3 Words in s. 13(3) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 85(3)(a)

F4 Words in s. 13(3)(a) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 85(3)(b)

F5 Words in s. 13(3)(b) substituted (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 105 (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

F6 Words in s. 13(4) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 85(4)

F7 Words in s. 13(5) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 85(5)(a)

F8 Words in s. 13(5)(a) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 85(5)(b)

F9 Words in s. 13(5)(c)(i) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 85(5)(c)

F10 Words in s. 13(6) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 85(6)

Commencement Information

I1 S. 13 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.

I2 S. 13 in operation at 1.7.2012 in so far as not already in operation by S.R. 2012/262, art. 2 (with arts. 4-6)