Introduction
1. This is an appeal to the Upper Tribunal brought by PED Plant Limited (“the appellant”) through Mr J Pedel who owns and runs the company, from a decision of the Traffic Commissioner (“the TC”) made on 21 January 2021 refusing to grant a restricted goods vehicle operator’s licence. On 16 April 2021 the Harrogate Borough Council was joined as a respondent in the proceedings.2. The appeal was listed for a traditional face to face hearing in Leeds on 31 May 2022. The appellant was represented at the hearing by Mr M Clark, who owns the land where the proposed operating centre is located. Mr J Pedel also attended and participated in the hearing. Mr M Clark’s brother Mr S Clark was also present, and he assisted his brother in the task of providing representation. Mr J Yearsley of Counsel represented Harrogate Borough Council, hereinafter “the local authority”.3. During the course of the hearing we received oral submissions from Mr M Clark (assisted where appropriate by S Clark and J Pedel) and from Mr Yearsley. We are grateful to all of them. At the end of the hearing, we indicated to the parties that we would reserve our decision on the appeal. In these written reasons we explain why we have decided to dismiss the appeal.
- DECISION OF THE UPPER TRIBUNAL
- Subject matter:
- Cases referred to:
- Introduction
- The Background Circumstances
- The Law
- The TC’s decision and reasoning
- The grounds of Appeal
- The Hearing
- The Upper Tribunal’s Approach
- Our analysis of the Grounds of Appeal
- Objections to, and representations against, issue of operator’s licences.
- Decision