Decision

Decision for Freemans Transport Ltd (OF1138308)

Published 9 February 2023

0.1 In the Eastern Traffic Area

1. Written Decision of the Deputy Traffic Commissioner

1.1 Freemans Transport Ltd (OF1138308)

2. Background

Freemans Transport Ltd (OF1138308) has an operator licence for 40 vehicles and 50 trailers. These are spread over three operating centres, one of which is at Old Station House, Great North Road, Stibbington PE8 6LR. The company is authorised to keep 10 vehicles and 15 trailers at this operating centre.

The Stibbington site was authorised for use by the company as an operating centre on 20 March 2017. In 2020 the traffic commissioner’s office received representations from residents of houses in the vicinity of the site complaining about noise, visual intrusion, vibration and other environmental nuisance. The representations also stated that road safety was being compromised at the point where vehicles accessed the operating centre from the main road.

The traffic commissioner therefore decided to carry out a review of the operating centre at the end of the five year period after first grant, pursuant to Section 30 of the Goods Vehicles (Licensing of Operators) Act 1995. A public inquiry was arranged to consider both the representations from residents and the position of Freemans Transport Ltd.

3. Public inquiry

3.1 Submissions by the parties

In advance of the inquiry both parties (residents and operator) made submissions. In essence, the residents’ concerns which were relevant to the review function of a traffic commissioner were:

i) visual intrusion from trailers parked on the boundary of the residents’ property, and from the operating centre’s floodlights at night;

ii) noise from activity associated with the operating centre (reversing beeps, engine noise);

iii) vibration which was said to be causing cracks in some houses;

iv) safety being endangered by vehicles reversing into the yard from the main road. A stone pillar adjoining one of the residents’ houses had also been destroyed by a Freeman’s vehicle exiting the yard.

During initial correspondence with the traffic commissioner’s office, the operator had been unwilling to accept any conditions beyond a limit on operating hours to between 0700 and 2300 each day – a limit which had already been imposed by way of a noise abatement order by the local authority. The operator’s submission for the public inquiry made the point that the yard had been an industrial (originally railway) premises for more than 150 years and had been a haulage operating centre since around 1995. The company later offered to accept some conditions and make some undertakings in an effort to meet residents’ concerns.

3.2 Site visit

Early in the morning of 30 September 2022 I visited the operating centre to see for myself what the claimed problems were. A DVSA traffic examiner had previously visited the site and concluded that it had sufficient space for the number of vehicles and trailers authorised and saw no problem at the access point provided that vehicles entered and exited the site in forward gear.

3.3 Public inquiry

The public inquiry took place in Cambridge on 30 September 2022 and was attended by company director Robert Freeman, with Phil Cookson the instructing solicitor and Mark Davies, counsel. The residents’ spokesperson was Simon Blanchard, assisted by Pat Foggert. Essentially, the two sides rehearsed the content of their submissions, with discussion thereafter focusing on what conditions and/or undertakings might be genuinely helpful to residents without unduly hampering the operator’s ability to carry out its business. Both sides approached this discussion in a constructive spirit.

I adjourned the inquiry in order to take a written decision. I considered the submissions and evidence provided by both sides. I have borne in mind that this is traditionally an industrial premises and some degree of noise, activity and visual intrusion is to be expected. I have also considered whether such intrusion is interfering with the reasonable enjoyment of the residents’ property according to the standards of the average person (the test that I am required by case law to apply). I have concluded that the operating centre may continue to be used by the company at its current level of authority (10 vehicles and 15 trailers), with the following conditions attached and with the operator offering the undertakings (relating to the Stibbington operating centre only) below. The operator has indicated to me that it accepts the conditions and offers the undertakings: these will now be formally added to its licence.

3.4 Visual intrusion

Condition 1

Subject to obtaining the relevant consents the operator will erect an acoustic fence adjacent to the boundary between the operating centre and the Railway Cottages (6-20 Great North Road) by 31 March 2023 or within 3 months of such consent being obtained whichever is the later. In the meantime, the derelict Tesco trailers currently parked there will either be removed or a green covering will be placed over them.

Undertaking 1

The operator will liaise with residents with a view to repositioning and/or redirecting the yard floodlights (by 31 October 2022) so that light is directed away from residents’ windows and visual intrusion from the lights is minimised.

3.5 Safety

Condition 2

Vehicles will enter and leave the operating centre in forward gear.

Condition 3

Vehicles will turn left onto the Great North Road when leaving the operating centre; vehicles will turn right from the Great North Road when entering the operating centre.

3.6 Noise

Condition 4

Vehicle engines will not run before 0700 hours or after 2310 hours on any day.

Condition 5

There will be no operation, movement, loading, unloading or maintenance of the vehicles and trailers at the operating centre at any time between the hours of 2300 and 0700.

Undertaking 2

Vehicles and trailers will, when in the vicinity of the operating centre, be parked within its confines, not on the public highway. The only exception will be if a vehicle arrives in the vicinity of the operating centre between 2300 and 0700 hours, when the vehicle will be parked in a legally permissible place at least 100 metres from the Railway Cottages.

Undertaking 3

Between 0700 and 2300 hours, driver exchanges will be effected within the confines of the operating centre. If driver exchanges are required to take place between 2300 and 0700 hours, they will take place at least 100 metres from Railway Cottages.

Nicholas Denton

Deputy Traffic Commissioner

11 November 2022