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Every parent who has ever driven small children on a long journey will be familiar with the question. “Are we nearly there?” The answer is usually reassuring, but vague.

And so it was at Wednesday’s session of the Inquiry. The simplest of questions had no answer. How much longer will this Inquiry last? Apart from the fact that there will be a break until Tuesday 12 April, we don’t know.

Things had started to look difficult on Tuesday, when the representatives of the Cook Estates Ltd, the owners of Toads Hole Valley started on their evidence. They have four witnesses and a lawyer. One of their experts, the transport man, Mr Ellis, was unable to be there on Tuesday. Late on Tuesday afternoon, though, it was admitted that he couldn’t be there on Wednesday either.

What is it about transport experts? Lewes District Council’s transport witness had already had his appearance postponed because of illness. That’s why the end of the Inquiry had already been put back until mid-April. But now the Inspector had another transport man go missing. Could they both be squeezed into the sessions programmed for April and still leave time for the important Closing Submissions that all the lawyers want to deliver?

It didn’t look possible. Transport and highway issues are very important at this Inquiry. The outcome will depend upon site specific transport evidence. All of the major parties need their own expert to help them make their case. They present their evidence and they get cross-examined by the lawyers – in great detail. Miss a question, miss a trick. It is very time consuming.

So Wednesday began with the “Are we nearly there?” question. The answer was obvious. No.

It looked certain that the four days that have been set aside from Tuesday 12 April would be taken up mainly with transport and highways arguments. With luck, we could start to hear the Closing Submissions towards the end of that week, with Charlie Hopkins starting for Falmer and Robert White following on for Lewes.

When could the Closing Submissions for the City Council and the Albion be fitted in? Hmmm. Diaries were checked. Important people turned out to be busy people. We were now looking at the first week of May.

And then Dereck Wade, who was the only Lewes District Council representative present, was on his feet. “I’m afraid that Robert White won’t be available on Friday 15 April”. And then Bob Bruce, from the City Council, whispered to Mary Macpherson, the City Council’s barrister. “Pssst … we haven’t got a room anywhere in Brighton or Hove in the first week of May”. Mary addressed the Inspector. “I have some very bad news …”

It crossed my mind that if, back in January, the Albion had got a draw at White Hart Lane, we’d still be trying to organise a replay.

And then something astonishing happened. Trevor Blaney, lawyer for the Toads Hole Valley owners, stood up to suggest that it might be a good idea if the various transport experts could get together. “We’d like to explore whether a statement of common ground could save Inquiry time”.

Well, yes. But why were Toads Hole Valley employing a transport consultant in the first place, if it wasn’t to try to rubbish the Albion’s own transport evidence? This offer looked unpromising, to say the least. But, at least, it was an offer. A weary Inspector said something about “Joy to my ears”. Trying to move things forward, he tentatively reminded the City Council that Brighton seemed to be a place with a few hotels that might have a spare meeting room that could be booked in the first week of May.

And then Dereck Wade announced that the Lewes lawyer would only be available in the second week of May.

“I find this absolutely astonishing”, said the Inspector. “I’m astonished too”, said Jonathan Clay. “Join the club”, I thought.

But at least we were now able to get on with the cross-examination of Martin Carpenter, the combative planning expert representing Toads Hole Valley. Jonathan Clay and Mary Macpherson got stuck in. It was all very predictable. Mr Carpenter tried to prove that Toads Hole Valley would be available for a stadium and commercial development. The Albion and the City Council persisted with the facts. There is no basis in any planning policy for thinking that the site could be developed in any way, and no plans for any new policies for Toads Hole Valley being adopted before 2009.

By lunchtime, it was more or less over. There was just time for a brief opportunity to be given to the Toads Hole Valley representatives to question Martin Perry’s assertion that their offer of “free land” (trumpeted in an Argus headline earlier in the day) came with an obligation to spend £19.4 million on supporting infrastructure. Actually, Martin had recalculated the figure overnight. It was now £24,795,000 and, even then, didn’t include everything.

Mr Blaney announced calmly that his clients had no questions about Martin Perry’s figures and weren’t going to challenge them.

The Inquiry then adjourned until Tuesday 12 April. Are we nearly there? The answer, I’m afraid, can only be vague. But be reassured. We are getting there. Falmer, that is.

 

 

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