PART IV OPERATING CENTRES
Conditions which may be attached to a F5heavy goods vehicle licenceI114
The conditions which may be attached under section 23 to a F6heavy goods vehicle licence are conditions regulating—
a
b
the parking arrangements to be provided for authorised F8heavy goods vehicles at or in the vicinity of every such operating centre;
c
the times between which there may be carried out at every such operating centre any maintenance or movement of any authorised F9heavy goods vehicle and the times at which any equipment may be used for any such maintenance or movement; and
d
the means of ingress to and egress from every such operating centre for any authorised F10heavy goods vehicle.
Considerations relevant to determinations F11as to environmental mattersI215
1
The considerations prescribed as relevant to any determination of a kind specified in section 34(2) are—
a
the nature and the use of any other land in the vicinity of the land used or proposed to be used as an operating centre, and any effect which the use of the land as an operating centre has, or would be likely to have, on the environment of that vicinity;
b
in a case where the land proposed to be used as an operating centre is, or has previously been, used as an operating centre, the extent to which the grant of the application would result in any material change as regards that operating centre, or its use, which would adversely affect the environment of the vicinity of that land;
c
in the case of an application which, if granted, would result in land which has not previoulsy been used as an operating centre being used as one, any information known to the traffic commissioner F2dealing with the application about any planning permission or application for planning permission relating to the land or any other land in the vicinity of that land;
d
the number, type and size of F12heavy goods vehicles;
e
the arrangements for the parking of F13heavy goods vehicles or the proposed or likely arrangements for such parking;
f
the nature and the times of the use of the land for the purpose of an operating centre or the proposed nature and times of the use of the land proposed to be used for that purpose;
g
the nature and the times of the use of any equipment installed on the land used as an operating centre for the purpose of the use of that land as an operating centre or of any equipment proposed or likely to be installed on the land proposed to be used as an operating centre for that purpose; and
h
the means and frequency of F14heavy goods vehicle ingress to, and egress from, the land used as an operating centre or the proposed means and frequency of such ingress to, and egress from, the land proposed to be used as an operating centre.
2
In this regulation—
“operating centre" includes part of an operating centre and the place which would be the operating centre if the application were granted; and
“planning permission" has the same meaning, as regards England and Wales, as in section 336(1) of the Town and Country Planning Act 1990 M1, and, as regards Scotland, as in section 274(1) of the Town and Country Planning (Scotland) Act 1972 M2.
Conditions to be satisfied in relation to specified operating centresI316
The prescribed condition under sections 14(5)(c), 19(9)(c) and paragraphs 1(7)(b) and 3(7)(b) of Schedule 4 to the 1995 Act is that either—
a
proceedings on any appeal (including any proceedings on or in consequence of an appeal) have been determined and any time for appealing or further appealing has expired; or
b
any review under section 36 has been determined or the time for giving notice of intention to review under section 36(2) has expired and no such notice of review has been served,
and if any appeal or notice of intention is withdrawn or abandoned the date of such withdrawal or abandonment shall be taken to be the time of expiry.
Period for service of notice on review of an operating centreI417
The period prescribed for the purpose of section 30(1) is two months.
Manner of service of notice on review of an operating centreI518
Paragraph 6 of Schedule 4 shall have effect in relation to serving of notices by F3a traffic commissioner on a licence-holder for the purposes of section 30(1), as if “section 30" were substituted for “the Schedule" in sub-paragraph (1) of that paragraph.
Manner of making representations in relation to a reviewI619
Without prejudice to section 31(5), the prescribed manner of making representations in relation to a review is by delivering a document to F4a traffic commissioner—
a
setting out the representations;
b
clearly identifying—
i
the person making the representations,
ii
the place specified in the F15heavy goods vehicle licence to which the representations relate,
iii
land or property in the vicinity which is owned or occupied by the person making the representations; and
c
signed—
i
if made by an individual, by that person,
ii
if made by a firm, by all of the partners of that firm or by one of them with the authority of the others,
iii
if made by any other body or group of persons, by one or more individual persons authorised for that purpose by the body or group,
or, in any of the above cases, by a solicitor acting on behalf of (as the case may be) the person, firm, body or group.