Successful Appeal Against Public Inquiry Decision

Our client sought to vary his Operators’ Licence by adding vehicles. At a first Public Inquiry the Operator represented himself. The Traffic Commissioner granted a variation but authorised fewer vehicles than was applied for. He also imposed severe and highly restrictive conditions on the licence.

The Operator then approached Smith Bowyer Clarke and Simon Clarke was instructed. He successfully appealed the decision to the Upper Tribunal. The Upper Tribunal both criticised the decision and ordered a fresh Public Inquiry.

At that new Public Inquiry Simon Clarke represented the Operator. Local residents and businesses objected to the variation on the grounds of noise, dust, safety and operating hours. Following a two-day Public Inquiry at which the objections were fully aired, the Traffic Commissioner granted the variation in full, allowing all the vehicles asked for with far more generous conditions.