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Public enquiry question



Napper

Well-known member
Jul 9, 2003
24,337
Sussex
Its suggested that enquiry may now not be finished by mid april.

What happens if we can't finish this before the election. I know a decision is due after etc etc but would they then have to hear all the evidence again if the enquiry is not completed or can they pick up from where they left off ??
 






Easy 10

Brain dead MUG SHEEP
Jul 5, 2003
62,150
Location Location
The inspector is hearing all the evidence right now, and will compile his report for the ODPM accordingly - regardless as to who actually occupies the ODPM by the time the inquiry is finished.
 


Gazwag

5 millionth post poster
Mar 4, 2004
30,544
Bexhill-on-Sea
The ODPM still has the same employees I believe, irrespective of who is in power its only the DPM who could change. Likewise the PM could have a re-shuffle at any time so the DPM could be somebody other than JP.
 


Napper

Well-known member
Jul 9, 2003
24,337
Sussex
Easy 10 said:
The inspector is hearing all the evidence right now, and will compile his report for the ODPM accordingly - regardless as to who actually occupies the ODPM by the time the inquiry is finished.


understood but

Do they not change inspectors then ? at which point the previous inspectors report is obselete
 








There is now a very real chance that the Inquiry could run until 3 or 4 May.

There is an outside possibility that it could finish on Friday 15 April, but that depends on the transport expert for Toads Hole Valley reaching agreement with the transport experts for the Albion, the City Council and Lewes District Council on key issues like the cost of road infrastructure improvements at THV.

This would reduce the time it takes for the Albion to cross-examine him and might enable the whole Inquiry to finish by Friday 15 April.

However, so far, the Toads Hole Valley transport witness has refused to speak to any of the other transport experts. And it is known that he had seen the Albion's transport evidence before he wrote his.

So nobody at the Inquiry is very confident.




The Inquiry has now adjourned until 10am on Tuesday 12 April.
 
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Gwylan

Well-known member
Jul 5, 2003
31,721
Uffern
Lord Bracknell said:
There is now a very real chance that the Inquiry could run until 3 or 4 May.

There is an outside possibility that it could finish on Friday 15 April, but that depends on the transport expert for Toads Hole Valley reaching agreement with the transport experts for the Albion, the City Council and Lewes District Council on key issues like the cost of road infrastructure improvements at THV.

This would reduce the time it takes for the Albion to cross-examine him and might enable the whole Inquiry to finish by Friday 15 April.

However, so far, the Toads Hole Valley transport witness has refused to speak to any of the other transport experts. And it is known that he had seen the Albion's transport evidence before he wrote his.

So nobody at the Inquiry is very confident.

The Inquiry has now adjourned until 10am on Tuesday 12 April.

Ed, is there any sort of time limit placed? If this transport expert said that he was going on a round-the-world trip for nine months, would we have to wait until then? Or would the Inspector proceed without his evidence? If the latter, what level of delay would be tolerated?
 




Gwylan

Well-known member
Jul 5, 2003
31,721
Uffern
gazwag said:
The ODPM still has the same employees I believe, irrespective of who is in power its only the DPM who could change. Likewise the PM could have a re-shuffle at any time so the DPM could be somebody other than JP.

The deputy leader is an elected position (elected by Labour party that is) so would not be affected by any resuffle. It could be that the environment portfolio could be moved elsewhere though.
 




gazwag said:
the PM could have a re-shuffle at any time so the DPM could be somebody other than JP.
Not so.

Under a Labour government, the Deputy Prime Minister is the Deputy Leader of the Labour Party, who is elected by Labour Party members, not appointed by the Leader.

The only reshuffle opportunities that are open to Blair are to remove Planning from the responsibilities of the ODPM and give it to another Secretary of State. Before the ODPM was created, Planning was the responsibility of the Department of the Environment (although it was Prescott who headed that department, which was then called the Department of the Environment, Transport & the Regions).
 


Rangdo

Registered Cider Drinker
Apr 21, 2004
4,779
Cider Country
Bobby's Gull said:
Why are the THV people seriously messing the Albion about here?

(this may sound a stupid question)

Moohlah
 


Gwylan said:
Ed, is there any sort of time limit placed? If this transport expert said that he was going on a round-the-world trip for nine months, would we have to wait until then? Or would the Inspector proceed without his evidence? If the latter, what level of delay would be tolerated?
The Inspector is already "not amused" by the absence this week of Mr Ellis.

His excuse is that his father is seriously ill and he needs to be close to him. However, a phone call to his office yesterday unearthed the fact that he was at work. Despite the fact that he was at work yesterday, it was only after a phone call to him (at 3.55pm) that it transpired that he was not going to appear today.

The problem with proceeding without his presence is that the Albion want to tear his evidence to shreds, through cross-examination. If he doesn't show, the written evidence that he has submitted has to be treated by the Inspector as pukka.

If the written evidence was just excluded from the Inquiry (which is one option), and Falmer was approved, we would no doubt have Falmer Parish Council rushing off to the High Court, claiming that Prescott had taken his decision without the opportunity to consider transport evidence that contradicted the Club's evidence.
 






One option that is theoretically available to the Albion is to make an application to the Inspector for a proportion of the Albion's Inquiry costs to be met by the owners of THV.
 


Rangdo

Registered Cider Drinker
Apr 21, 2004
4,779
Cider Country
Bobby's Gull said:
Sorry?

Taking the piss?

No. I meant money.
They are messing us about because they want their plan considered that will make them buckets of money at the expense of the club. Ideally, for the most profitable outcome, they want the inspector to go back to the ODPM and say Toads Hole Valley is the best option since according to their plan they will get their business park and the club will have to pay all the associated expenses of road access etc.
Thats why they are messing us about.
 


Rangdo

Registered Cider Drinker
Apr 21, 2004
4,779
Cider Country
Lord Bracknell said:
One option that is theoretically available to the Albion is to make an application to the Inspector for a proportion of the Albion's Inquiry costs to be met by the owners of THV.

Ooh, that sounds good. Are they likely to do that and if so are they likely to succeed?
 






The Large One

Who's Next?
Jul 7, 2003
52,343
97.2FM
Lord Bracknell said:
The problem with proceeding without his presence is that the Albion want to tear his evidence to shreds, through cross-examination. If he doesn't show, the written evidence that he has submitted has to be treated by the Inspector as pukka.

If the written evidence was just excluded from the Inquiry (which is one option), and Falmer was approved, we would no doubt have Falmer Parish Council rushing off to the High Court, claiming that Prescott had taken his decision without the opportunity to consider transport evidence that contradicted the Club's evidence.
I thought that the Inspector made it clear that any evidence that was not open for cross-examination was going to carry very little weight. Therefore, if this bloke refuses to be cross-examined, the Inspector will treat it in accordance with his statement, and basically ignore it.

Or, did Mr Brier (the Inspector) not make that statement?

Whatever way, it shows, once again, a spectacular lack of courtesy and respect, and that the NIMBYs (assuming they are in league with each other) have a masssive amount of contempt for the Public Inquiry.
 
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