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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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