Decision

Decision for Kingswood Pallets Ltd (OK2006346)

Published 18 November 2024

0.1 In the South East and Metropolitan Traffic Area

1. Written Decision of the Deputy Traffic Commissioner

2. Public Inquiry held on 18 October 2024 at Eastbourne

2.1 Operator: Kingswood Pallets Ltd (OK2006346)

3. Background

There is considerable previous history to this licence and the operator’s desire to use the Oldhouse Lane Bisley site as its operating centre. The history is set out in detail in my decision of 28 January 2022 which granted interim authority for an operating centre at Oldhouse Lane. I do not repeat it here.

Oldhouse Lane is not the ideal site for an operating centre. In January 2022 I granted interim authority for its use, under several conditions, knowing that the company’s longer term solution was to sell the site for residential development and move to more suitable, less environmentally sensitive premises. For various reason that solution has not yet come to fruition, although the company has spent a considerable sum of money pursuing these plans and believes (with the change of Government and its change of approach to planning and development issues) that this will happen.

In the meantime, the safety and environmental issues associated with the site remain much as they were at the last public inquiry in December 2021. I revisited the site on 17 October 2024 to check this.

4. Public inquiry

At this inquiry (18 October 2024) the representors Catherine Farmer and Craig Hayman stated that the operator had breached the conditions relating to the use of the Oldhouse Lane site, especially the provision relating to the maximum speed of 5 mph. There was some video evidence of this. They also presented video evidence of a vehicle reversing on to the A322 and of vehicles turning right.

The evidence of speed was not conclusive, as the actual speed of the vehicles on the video footage could not be precisely calculated. The director of Kingswood Pallets Ltd, Stephen Page, had a reasonable (safety-related) explanation for the occasions on which the vehicles had turned right. The incident of the vehicle reversing had been caused by a Polish driver failing to understand instructions. The company offered further concessions, such as reducing the number of vehicles on the licence from five to three (although they would like to retain a margin of one in case a vehicle had to go in for repairs), with a corresponding reduction in the number of weekly vehicle movements from 96 to 60, and bringing forward the nightly curfew from 2100 to 2000 hours.

5. Conclusion

After considering the matter carefully, I conclude that, with the reduced vehicle authority and the more restrictive operating conditions offered, I can just about entertain the continued use of the site, subject to the conditions and undertakings set out above. While not an ideal site, the conditions do considerably mitigate the safety and environmental issues. The company has undertaken to fit its vehicles with dashcams by the end of 2024, which will facilitate checking of vehicle speeds.

I emphasise to the operator that it must ensure that these conditions are strictly adhered to by its drivers. In this regard, I was disappointed that transport manager John Urben appeared to have taken so little interest hitherto in following up any potential breaches. He is warned that he must take a much more active and energetic approach to ensuring observance of the conditions and undertakings, otherwise he risks losing his good repute.

Nick Denton
Traffic Commissioner

5 November 2024