The Goods Vehicles (Licensing of Operators) Regulations (Northern Ireland) 2012

PART 4 OPERATING CENTRES

Conditions which may be attached to a licence

13.  The conditions which may be attached under section 20 to a licence are conditions regulating—

(a) the number, type and size of authorised motor vehicles or trailers which may at any one time be at any operating centre of the licence-holder for the purposes of maintenance and parking;

(b) the parking arrangements to be provided for authorised motor vehicles or trailers 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 motor vehicle or trailer 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 motor vehicle or trailer.

Considerations relevant to determinations

14.—(1) The considerations prescribed as relevant to any determination of a kind specified in section 31(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 previously been used as an operating centre being used as one, any information known to the Department 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 motor vehicles or trailers;

(e) the arrangements for the parking of motor vehicles or trailers 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 vehicular 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 has the same meaning as in section 6(3); and

“planning permission” has the same meaning as in Part IV of the Planning (Northern Ireland) Order 1991(1).

Conditions to be satisfied in relation to specified operating centres

15.  The conditions under sections 13(5)(c), 18(9)(c) and paragraphs 1(7)(b) and 3(7)(b) of Schedule 1 to the 2010 Act are 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 34 has been determined or the time for giving notice of intention to review under section 34(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 centre

16.  The period prescribed for the purpose of section 27(1) is 2 months.

Manner of making representations in relation to a review

17.  Without prejudice to section 28(5), the manner of making representations in relation to a review is by delivering a document to an office specified by the Department—

(a) setting out the representations;

(b) clearly identifying—

(i) the person making the representations;

(ii) the place specified in the operator’s licence to which the representations relate; and

(iii) the 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 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.

(1)

S.I. 1991 No.1220 (N.I. 11)