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Today’s
session at the Inquiry started early, in the hope that it would be the
last day that actual evidence was presented. Some hope!
Lewes District Council’s time in the witness box was finished off quite
efficiently, with the cross-examination of their transport witness by Mary
Macpherson, the lawyer for the City Council. A couple of questions on each
of the main topics – accessibility, walking, cycling, public transport,
parking control, park and ride, impact on conservation areas – and we were
quickly through with Tony Harrison.
The only real mystery was why Lewes had taken the trouble to ask their
planning consultant to make a case for Shoreham Harbour and then
completely forgotten to instruct their other expert witness to investigate
the transport aspects at that site.
When Miss Macpherson had finished, Robert White, the lawyer for Lewes had
a few last questions to ask Mr Harrison. But it was obvious that the legal
minds were pre-occupied with the fact that they are now preparing the
Closing Submissions that will summarise their clients’ cases and persuade
the Inspector to reach the right verdict.
Just one more witness to go and those final performances by all the
lawyers can start.
So up stepped Joseph Ellis, from Boreham Consulting Engineers Ltd, the
transport witness for the owners of Toads Hole Valley. Within two minutes,
he dropped a couple of bombshells.
Firstly, he calmly announced that he’d got some new information about the
costs of putting a footbridge over King George the Sixth Avenue and a
subway underneath it. And then he said that he had some new information
about the availability of buses.
All pretty humdrum stuff, we thought. But no. This was entirely new
information, that hadn’t been included in the written proofs of evidence
that Mr Ellis had previously circulated to the key parties, the Albion and
the City Council. And that meant that those key parties hadn’t had the
opportunity to consult their own experts and work out whether or not the
evidence should be questioned.
Jonathan Clay jumped to his feet to protest. Cost evidence had been
considered weeks ago and all the major parties had agreed a common basis
for analysing the figures. This new information needed careful scrutiny
and witnesses might have to be recalled.
It got worse, though. Only yesterday, Trevor Blaney, the lawyer for Toads
Hole Valley’s owners, had promised that there would be no new evidence
submitted. And here was his witness doing just that. Mr Blaney tried to
clarify what he meant. No new WRITTEN evidence.
What that meant was that Mr Ellis had decided to leave a few vital
documents behind, at his office in Essex. He had come to the Inquiry with
nothing much more than a few ideas in his head and he was going to tell us
what they were. And then it turned out that they weren’t even his ideas.
They came from colleagues in the office. And the information about buses
was based on nothing more than phone conversations with a couple of people
in two bus companies.
This was “quite intolerable”, said Jonathan Clay, “a disgraceful way to
treat the Inquiry”. Even the Inspector considered it “regrettable” (which
is one of those words that Planning Inspectors use when they are very
cross). Mr Ellis was asked to contact his office and see if it might just
be possible to get some of the relevant papers faxed down to the Town
Hall, so they could be properly considered.
And then we broke for lunch, anticipating a lively afternoon of argument.
That’s exactly what we got. Jonathan Clay took Mr Ellis through the
processes by which his evidence had been put together. Despite being
engaged by his clients lat November, he had missed the original January
deadline for evidence to be exchanged.
He had then waited until after the earlier cost evidence had been
presented to the Inquiry before preparing his version of a cost document.
Curiously, he seemed to have been working on it on the day that he had
been expected to have put in an appearance at the Inquiry, but had cried
off because of a family crisis. He couldn’t quite remember the exact
sequence of events, but he’d discussed his figures with Mr Blaney some
time before yesterday.
The fax messages that had arrived during the lunch break looked a bit odd
as well. One of those documents suggested that a bus company would be able
to supply extra vehicles, provided they were given the security of a long
term contract. Odd that the same bus company had written to the Albion,
confirming that they couldn’t commit buses on a regular basis, although
they might be willing to consider an occasional hire.
It all looked very fishy. No wonder that Jonathan Clay felt that more work
needed to be done to disentangle the Inquiry from the confusion. It
remains to be seen whether previous witnesses will have to be recalled.
But at least one serious marker was put down. The Albion have asked for
time to be set aside at the end of the Inquiry for an application for
costs to be awarded against the Toads Hole Valley people.
But when will we see the end of the Inquiry? Mr Ellis will still be in the
witness box tomorrow, when we were expecting to hear the Closing
Submission of Lewes District Council. But even they have asked for more
time, because their case for Toads Hole Valley has been thrown off course
by today’s new evidence. Robert White now wants to return in May to
deliver his Closing Statement.
And that will mean at least one more extra day will have to be added to
the Inquiry. But it also means that Trevor Blaney, the Toads Hole Valley
solicitor, won’t be available to present his arguments if an application
for costs is made against his clients.
By the end of the day, David Brier, the Inspector was looking very fed up.
He brought the proceedings to an end with a weary observation that the
discussions would be resumed in the morning.
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