Agenda and minutes

Venue: Council Chamber, Forde House, Brunel Road, Newton Abbot, TQ12 4XX

Contact: Neil Aggett  Email: comsec@teignbridge.gov.uk

Items
No. Item

346.

Minutes pdf icon PDF 125 KB

To confirm the minutes of the meetings held on 22 January (attached) and 14 February 2018 (to follow).

Minutes:

The Minutes of the meeting held on 22 January, 2017 were approved as a correct record and signed by the Chairman.

347.

Declarations of Interest.

Minutes:

There were no declarations of interest.

348.

Application for a Private Hire vehicle Extension WJ07 WXY pdf icon PDF 90 KB

Minutes:

Consider was given to an application for a 12 month Private Hire Vehicle Licence extension for a VW Sharan, WJ07 WXY.

 

All vehicle licences are issued annually and Section 43 of the Town Police Clauses Act 1847 provides that a private hire / hackney carriage vehicle licence may only be in force for a maximum period of one year.

 

The Hackney Carriage and Private Hire Policy provides that vehicles being presented for subsequent licensing are required to be under 10 years old.  However the Council has discretion to continue to licence vehicles which are older than ten years provided that the Council is satisfied that such a vehicle is in a good condition and good state of repair, and provided that it passes the appropriate testing standard.

 

The Licensing Officer advised that the vehicle has a valid MOT and passed the recent vehicle inspection test with no advisories.

 

The Applicant’s representative was in attendance and addressed the Committee in support of the application.

 

Resolved

 

VW Sharan, registration WJ07 WXY is approved a 12 month Private Hire Vehicle Licence subject to a 6 monthly vehicle inspection test.

 

Reason for Decision

Having inspected the vehicle, read all written material, and listened to the representations by the Applicant’s representative and the Licensing Officer, the Committee is satisfied with the general standard of the vehicle, the state of repair and the condition of the vehicle. Therefore it is considered the vehicle is fit for use for the general public and paying customers.

 

349.

Application for a Hackney Carriage Vehicle Extension LB52 YNU pdf icon PDF 85 KB

Minutes:

Consideration was given to an application for a Hackney Carriage Vehicle Licence extension for a London Cab TX LB52 YNU.

 

All vehicle licences are issued annually and Section 43 of the Town Police Clauses Act 1847 provides that a private hire / hackney carriage vehicle licence may only be in force for a maximum period of one year.

 

The Hackney Carriage and Private Hire Policy provides that vehicles being presented for subsequent licensing are required to be under 10 years old, with the exception of purpose built cabs. The Council has the discretion to license purpose built cabs and needs to be satisfied that such a vehicle is in a good condition and good state of repair, and provided that it passes the appropriate testing standard.

 

The above Policy and statutory provisions reflect the Council’s responsibility to ensure that all hackney carriage and private hire vehicles are safe and fit for use.

 

The Licensing Officer confirmed that that the vehicle has a valid MOT. All issues raised following an inspection have been rectified, and the vehicle passed the recent vehicle inspection test.  In addition, the vehicle is wheelchair accessible of which there are a limited number within Teignbridge.

 

The Applicant’s representative was in attendance and addressed the Committee in support of the application.

 

Resolved

 

London Cab TX LB52 YNU is approved a 12 month renewable Hackney Carriage Vehicle Licence, in accordance with legislation.

 

Reason for Decision

Having inspected the vehicle, read all written material, and listened to the representation by the Applicant and the Licensing Officer, the Committee is satisfied with the general standard of the vehicle, the state of repair and the condition of the vehicle. Therefore it is considered the vehicle is fit for use for the general public and paying customers.

 

350.

Application for a Hackney Carriage Vehicle Extension WU07 UFA pdf icon PDF 85 KB

Minutes:

This application was withdrawn by the applicant.

351.

Application for a Hackney Carriage Vehicle Licence WD12 HNM pdf icon PDF 75 KB

Minutes:

Consideration was given to an application for a Hackney Carriage Vehicle Licence for a Mercedes Benz WD12 HNM

 

All vehicle licences are issued annually and Section 43 of the Town Police Clauses Act 1847 provides that a private hire / hackney carriage vehicle licence may only be in force for a maximum period of one year.

 

Paragraph 5.2 of the Council’s Hackney Carriage and Private Hire Vehicle Licensing Policy states that ‘A vehicle being presented for initial licensing is required to be under 5 years old at first registration. The above Policy and statutory provisions reflect the Council’s responsibility to ensure that all hackney carriage and private hire vehicles are safe and fit for use.

 

The vehicle has a valid MOT, and has past the vehicle inspection test.

 

The Applicant was in attendance at the meeting and addressed the Committee in support of his application.

 

Resolved

 

Mercedes Benz WD12 HNM is approved a 12 month renewable hackney Carriage Vehicle Licence, in accordance with legislation.

 

Reason for Decision

Having inspected the vehicle, read all written material, and listened to the representation by the Applicant and the Licensing Officer, the Committee is satisfied with the general standard of the vehicle, the state of repair and the condition of the vehicle. Therefore it is considered the vehicle is fit for use for the general public and paying customers.

 

352.

Application for a small plate for a private hire vehicle MK14 CYZ pdf icon PDF 78 KB

Minutes:

The Committee considered a request to display a small Private Hire Vehicle Licence Plate for a Ford Galaxy Reg. MK14 CYZ

 

Section 48(6)(a) of the Local Government (Miscellaneous Provisions) Act 1976 provides that:

 

Subject to the provisions of this Part of the Act, no person shall use or permit to be used in a controlled district as a private hire vehicle in respect of which a licence has been granted under this section unless the plate or disc issued in accordance with subsection (5) of this section is exhibited on the vehicle in such a manner as the district council shall prescribe by condition attached to the grant of licence’.

 

The Council’s requirement for the display of licence plates on the rear of licensed vehicles is set out in the Hackney Carriage and Private Hire Licensing Policy, paragraph 9.4 on page 27.

 

The applicant explained the nature of his work and was able to demonstrate the need to display a small licence plate on the outside of his vehicle, given the specialist service that his business entails.

 

Resolved

 

That the request to display a small private hire vehicle licence plate for vehicle
Ford Galaxy MK14 CYZ be approved.

 

Reason for Decision

 

Having heard the applicant’s description of his business and the work that it entails, and the available options advised by the Licensing Officer, Members considered the resolution above would be best suited to the applicant whilst meeting the Council’s licensing responsibilities.

 

353.

Application for a licence and small plate for a private hire vehicle - FA54 XDV pdf icon PDF 79 KB

Minutes:

 

Consideration was given to a request to display a small Private Hire Vehicle Licence Plate for a Rouch Mustang GT, FA54 XDV

 

Section 48(6)(a) of the Local Government (Miscellaneous Provisions) Act 1976 provides that:

 

Subject to the provisions of this Part of the Act, no person shall use or permit to be used in a controlled district as a private hire vehicle in respect of which a licence has been granted under this section unless the plate or disc issued in accordance with subsection (5) of this section is exhibited on the vehicle in such a manner as the district council shall prescribe by condition attached to the grant of licence’.

 

The Council’s requirement for the display of licence plates on the rear of licensed vehicles is set out in the Hackney Carriage and Private Hire Licensing Policy, paragraph 9.4 on page 27.

 

The applicant was in attendance and explained the nature of his work and was able to demonstrate the need to display a small licence plate on the outside of his vehicle, given the specialist service that his business entails.

 

Resolved

 

That the request to display a small private hire vehicle licence plate for vehicle
Rouch Mustang GT, FA54 XDV be approved.

 

Reason for Decision

Having heard the applicant’s description of his business and the work that it entails, and the available options advised by the Licensing Officer, Members believe the resolution above would be best suited to the applicant whilst meeting the Council’s licensing responsibilities.

 

354.

The District of Teignbridge(16 Hele Road) Kingsteignton Tree Preservation Order 2017 E2/23/38 pdf icon PDF 298 KB

Minutes:

 

The Committee considered a request to confirm the provisional Tree Preservation Order (TPO) which was served on the 27 September 2017 and would cease on 26 March 2018.

 

The District of Teignbridge (16 Hele Road, Kingsteignton) Tree Preservation Order 2017 protects an area of Oak trees located between the rear gardens of 16 Hele Road and properties with Ashton Court, Kingsteignton.

 

The Committee considered all written representations received in relation to the trees and their amenity value. Interested parties did not attend the Hearing.  The objections received included:

·         The trees obscure views of Dartmoor

·         The trees restrict light to the house and garden

·         The trees would cause property damage and may injure children playing in the garden if the trees fell.

 

    One letter of support was received since the publication of the agenda. This was circulated at the Hearing.

 

The Committee heard from Mr Waddams, the Council’s Arboricultural Officer who gave his reasons why the Committee should confirm the Tree Preservation Order.  He repeated his comments contained within the agenda report, namely that:

 

·         The Council would look upon an application to crown lift the trees sympathetically. The crown lifting of the trees may assist in improving views, and increasing light levels to the rear elevation and garden.

·         No information has been provided that indicates the trees or sections of the trees are liable to fail.

 

The Council’s Arboricultural Officer added that the trees are highly visible and contribute to the visual amenity of the area. The loss or significant pruning of the trees would have a detrimental impact upon the visual amenity of the area.  As the trees are protected by an “Area” designation the use of the standard visual amenity rating system is not considered appropriate.

 

On balance, the Committee considered that the positive benefits of protecting the trees outweigh the negative impacts on the neighbours of the site.   Therefore, the Committee

 

Resolved

 

To confirm the Tree Preservation Order unmodified.

 

Reasons for Decision

The Committee considered the trees provided a high amenity value and were an asset to the local area and landscape. The protection of the trees in question complies fully with Government guidance. It is therefore expedient in the interests of amenity to make provision for their preservation.