F1Part V
O perators’ licences
69BF2 Objection to, or refusal or modification of, applications for operators’ licences on environmental grounds.
1
Any person entitled by virtue of section 63(3) of this Act to object to the grant of any application for an operators’ licence on the ground there mentioned may also object to the grant of any such application on the ground that any place which, if the licence is granted, will be an operating centre of the holder of the licence is unsuitable on environmental grounds for use as such.
2
In the case of any such application, any person who is the owner or occupier of land in the vicinity of any place which, if the licence is granted, will be an operating centre of the holder of the licence may make representations against the grant of the application on the ground that the place is unsuitable on environmental grounds for use as such, provided that any adverse effects on environmental conditions arising from that use would be capable of prejudicially affecting the use or enjoyment of the land.
3
Where any objection or representations are duly made under this section in respect of any application for an operators’ licence, the licensing authority may in any case refuse the application on the ground that the parking of authorised vehicles under the licence at or in the vicinity of any place which, if the licence were granted, would be an operating centre of the holder of the licence would cause adverse effects on environmental conditions in the vicinity of that place.
4
Where any objection or representations are duly so made in respect of any such application, the licensing authority may refuse the application, subject to subsection (5) of this section, on the ground that any place which, if the licence is unsuitable for use as such on environmental grounds other than the ground mentioned in subsection (3) of this section.
5
A licensing authority may not refuse an application for an operator’s licence under subsection (4) of this section if the applicant satisfies the authority that the grant of the application will not result in any material change as regards—
a
the places in the area of the authority used or to be used as operating centres for authorised vehicles under any operator’s licence previously granted by the authority or under the licence applied for; or
b
the use of any such place already in the use as an operating centre under an existing licence so granted.
6
Without prejudice to the power of a licencing authority to issue an operator’s licence subject to either or both of the modifications of limitations mentioned in section 64(4) of this Act, in case where—
a
the authority has power to refuse an application for any such licence under subsection (3) or (4) of this section; and
b
any place other than a place unsuitable for use as an operating centre is referred to in the statement under section 69A(2) of this Act as a proposed operating centre of the applicant;
the authority may, instead of refusing the application, issue the licence specifying in it only such place or places referred to in that statement as are not unsuitable for use as an operating centre.
For the purposes of this subsection, a place referred to in any such statement given to a licensing authority has power to refuse the application under subsection (3) or (4) of this section in consequence of the proposed use of that place as an operating centre.
7
A request for the grant of a licence under section 67(5) of this Act pending the determination of a current application for an application for an operator’s licence for the purposes of this section, but in granting a licence under section 67(5) a licensing authority may specify in the licence such place or places referred to in the statement given to the authority given to the authority by the applicant under section 69A(2) of this Act as the authority thinks fit.
Pt. V (ss. 59-94) repealed (1.1.1996) by 1995 c. 23, s. 60(2), Sch. 8 Pt. I (with ss. 54, 55); S.I. 1995/2181, art. 2