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Survey Results
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Author:  187ums [ Sat Oct 14, 2006 5:21 am ]
Post subject:  Survey Results

We have had our survey results in, and the survey shows that only one extra plate is needed to meet the SUD.

Obviously this will go before the council in January, who will make the final decision.

Author:  Sussex [ Sat Oct 14, 2006 7:52 pm ]
Post subject:  Re: Survey Results

187ums wrote:
We have had our survey results in, and the survey shows that only one extra plate is needed to meet the SUD.

How long before that is sold? :roll:

Author:  187ums [ Sun Oct 15, 2006 2:44 am ]
Post subject: 

by who? if some lucky recipient gets it in the draw, then he cant sell it for five years.

but remember the council doesn't have to accept the survey results, they could issue 20 plates.

Author:  GA [ Sun Oct 15, 2006 7:53 am ]
Post subject: 

187ums wrote:
but remember the council doesn't have to accept the survey results, they could issue 20 plates.


The council don't have to accept the results.................... but if they want to have another 20 plates they have to dis-prove the results of the survey by having one of their own.
That is of course if the survey was undertaken by a recognised body who could fully quantify the results in a court of law.

Excuse my ignorance 187ums but the councils decision will be based on current policies, if they have already deregulated then they can stand by their policies ............. if your area is still regulated then they would need to dis-prove this survey before they could deregulate.

B. Lucky :wink:

Author:  JD [ Sun Oct 15, 2006 2:54 pm ]
Post subject: 

GA wrote:
187ums wrote:
but remember the council doesn't have to accept the survey results, they could issue 20 plates.


The council don't have to accept the results.................... but if they want to have another 20 plates they have to dis-prove the results of the survey by having one of their own.


This information is misleading.

A council who wishes to maintain a policy of quantity control need only satisfy itself of any demand or lack of it. A council does not need to abide by any survey findings. A council can dictate its own policy of restriction and that means, if a survey finds no unmet demand it can either do nothing or it can issue as many plates as it wishes.

The only legal scenario where a council has to satisfy itself of demand, is when it has decided on a policy of controling numbers. Under any other circumstance there is no legal requirement for a council to undertake a survey of demand.

Third party surveys are not binding on a council.

I'm surprised you said what you said GA.

JD

Author:  Sussex [ Sun Oct 15, 2006 3:04 pm ]
Post subject: 

187ums wrote:
by who? if some lucky recipient gets it in the draw, then he cant sell it for five years.

That may well be your council's view, but it would stand no chance if challenged in the courts. :wink:

Author:  Sussex [ Sun Oct 15, 2006 3:06 pm ]
Post subject: 

187ums wrote:
but remember the council doesn't have to accept the survey results, they could issue 20 plates.

Yes and no, they have to accept it rather than the status-quo, but as you say they can issue as many more as they see fit. :wink:

Author:  GA [ Sun Oct 15, 2006 3:59 pm ]
Post subject: 

JD wrote:
Third party surveys are not binding on a council.

I'm surprised you said what you said GA.

JD


The facts are quite simple JD .............. if the council maintains a policy of restricting numbers it MUST undertake a survey to justify, before a court if necessary, that there is no un-met demand.

If the council maintain a policy of restricting numbers and a third party survey is undertaken by a reputable company then the results of that survey need to be disputed if that council claims that it needs to remove the restrictions in order to meet demand.

You consistently undermine survey results but agree that they should be carried out should a council choose to not be bullied into forming policies and retain their policy of restricting numbers.

The fact therefore remains that undertaking surveys is the ONLY true way of assessing demand ............. like them or not, and until we can come up with another method of assessment we will just have to accept their conclusions when required.

B. Lucky :shock:

Author:  Sussex [ Sun Oct 15, 2006 4:29 pm ]
Post subject: 

](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,)

Author:  jimbo [ Sun Oct 15, 2006 4:48 pm ]
Post subject: 

Sussex wrote:
](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,)
:?:

Author:  JD [ Sun Oct 15, 2006 4:57 pm ]
Post subject: 

GA wrote:
JD wrote:
Third party surveys are not binding on a council.

I'm surprised you said what you said GA.

JD


The facts are quite simple JD .............. if the council maintains a policy of restricting numbers it MUST undertake a survey to justify, before a court if necessary, that there is no un-met demand.


It is common knowledge, at least on this site what is required of a council who refuses a license application. There is no dispute about that and quite frankly you are stating the obvious.

Quote:
If the council maintain a policy of restricting numbers and a third party survey is undertaken by a reputable company then the results of that survey need to be disputed if that council claims that it needs to remove the restrictions in order to meet demand.


I don't wish to make you look foolish but your above statement is utter nonsense. We have another member of the NTA from Bolton asking for advice and your above statement proves my point to a T.

The only thing a council has to do when changing its policy from restriction to de-restriction is consult with those parties that are likely to be affected by any policy change? That is the only legal requirement a council must meet.

If anyone wants to put forward a survey either for or against removing or retaining a policy decision then the council will be obliged to consider that and any other item of information placed before it.

If that is what you mean then you didn't explain it very well.

JD

Author:  Sussex [ Sun Oct 15, 2006 5:18 pm ]
Post subject: 

jimbo wrote:
Sussex wrote:
](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,) ](*,)
:?:

My point Jimbo is that some people really haven't got a bleeping clue when it comes to SUD case law.

When you have people like him telling the local trade folk in the North East the wrong things, it ends up costing them 1000s of pounds. :sad:

Author:  captain cab [ Sun Oct 15, 2006 6:41 pm ]
Post subject: 

And then again the 85 transport act doesnt even say survey :wink:

CC

Author:  JD [ Sun Oct 15, 2006 6:53 pm ]
Post subject: 

captain cab wrote:
And then again the 85 transport act doesnt even say survey :wink:

CC


Exactly right but since 1986 it has been common knowledge that the only way a council can legally expect to retain quantity controls is by way of a market research survey? Thus the general acceptence of compulsory surveys for restricting authorities.

Regards

JD

Author:  captain cab [ Sun Oct 15, 2006 7:01 pm ]
Post subject: 

Quote:
Exactly right but since 1986 it has been common knowledge that the only way a council can legally expect to retain quantity controls is by way of a market research survey? Thus the general acceptence of compulsory surveys for restricting authorities.

Regards

JD



Aye, but apart from that, the 85 transport act doesnt actually mention the word survey (it doesnt mention hippopotamus either)

regards

CC

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