F1Part V
F2 Further provisions about operating centres
Crossheading inserted (prosp.) by 1994 c. 40, ss. 50(1), 82(4)
F369EB Power to remove operating centres on review.
1
If, having served notice under section 69EA of this Act in respect of a place specified in an operator’s licence, the licensing authority determines that the place is unsuitable—
a
on grounds other than environmental grounds; or
b
on the ground mentioned in subsection (2) of this section,
for use as an operating centre of the licence-holder, he may (subject to subsection (3) of this section) direct that it cease to be specified in the licence.
2
The ground referred to in subsection (1)(b) of this section is that the parking of vehicles used under the licence at or in the vicinity of the place causes adverse effects on environmental conditions in that vicinity.
3
Where the only ground for giving a direction under subsection (1) of this section is the ground mentioned in subsection (2) of this section, the authority may not give such a direction unless during the period of review in question representations were made to him—
a
by a person such as is mentioned in section 63(3) of this Act; or
b
by a person who is the owner or occupier of any land in the vicinity of the place in question,
as to the place’s unsuitability on environmental grounds for continued use as an operating centre for vehicles used under any operator’s licence.
4
Representations made by a person such as is mentioned in subsection (3)(b) of this section shall be disregarded for the purposes of this section if, when they were made, any adverse effects on environmental conditions arising from the continued use of the place in question would not have been capable of prejudicially affecting the use or enjoyment of the land mentioned in subsection (3)(b).
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 V (ss. 59-94) repealed (1.1.1996) by 1995 c. 23, s. 60(2), Sch. 8 Pt.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