A pizza outlet in west London which is prohibited from delivering takeaways by motor vehicle has overcome the constraint by means of some imaginative thinking (DCS Number 400-022-916).
The appeal inspector noted that the condition in dispute did not prevent deliveries from taking place from the premises but restricted the use of motor vehicles which were defined to include motorcycles, mopeds and motor scooters. The appellants sought to use electrically assisted pedal cycles.
The inspector emphasised that the appeal was not a formal determination as to whether or not EAPCs are a form of motorised vehicle. However, she had regard to the evidence presented by the appellants regarding the requirements under the Department for Transport Information Sheet: Electrically Assisted Pedal Cycles (EAPCs) in Great Britain, Revised November 2015. The appellants confirmed that the proposed EAPCs to be used would fully comply with the stipulations set out in the Information Sheet.
Given the number of cycle stands in the vicinity of the site, the inspector did not agree with the council’s contention that the vehicles would be likely to park on the public highway. The street was busy and heavily trafficked, she observed, but found no evidence to suggest that the form of transport proposed, including the likely number of EAPCs operating at any one time, would prejudice the free flow of traffic and public safety. There was also no evidence, she held, as to why this form of transport would be unacceptable compared with other non-motorised forms of vehicles, such as pedal cycles, which were not prohibited under the terms of the existing condition.
The inspector varied the condition to allow for deliveries by EAPCs, being satisfied that it would not prejudice the free flow of traffic and public safety.
Section 16.244 of DCP Online concerns restrictions on deliveries from takeaway premises.