Operating Centre Application Granted Despite Strong Environmental Objections

Our client, a major importer and Multiple Licence Holder wanted a second Operating Centre added to one of his licenses so as to shorten unladed journeys and reduce driving time to and from his regular loading site. Thirty-six separate representations and objections were received by the CLO from local residents, all citing adverse environmental effects relating to the proposed use of the site as an operating centre, from noise, vibration, dust, excess traffic and visual impact.

Simon Clarke represented our client at Public Inquiry – he conducted his own extended site visit, commissioned a traffic survey, a geographic study of the area and a report identifying other Operators based in the immediate area and using the same access routes etc.  The sum of this work enabled our client to defeat all of the objections and representations as being either unfounded or caused by others. Given that the test for such an application is that of whether the use of the site in question as an Operating Centre would generate adverse environmental effects of the type complained of – the importance here is that the test is looking forward to what the position would be if the application was to be granted. Accordingly adverse effects already present cannot be taken into account and largely, that was the position in this case.

As a result the application was granted in full, much to the relief of this highly environment-concerned client.

Smith Bowyer Clarke regularly represents Operators at Public Inquiries on environmental issues and has a wide experience in the use of, and access to, relevant experts. Call Smith Clarke now for a no-commitment free consultation.