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Falmer Inquiry, Day 20, Wednesday 13th April



The Oldman

I like the Hat
NSC Patron
Jul 12, 2003
7,160
In the shadow of Seaford Head
You know what it's like at a footie match. You watch 90 minutes where there are only 2 or 3 explosive moments when goals are scored or someone is sent off and the whole game revolves around those incidents. Well today at the Inquiry was very much like that.

Let's start at kick off. For a start not all the supporters were in their seats. Getting into Brighton today was a nightmare. Bad weather or road works, whatever, even the Falmer crumblies were late. Anyway we started with the continuation of Lewes DC transport witness, Mr Harrison being cross examined this time by "Mumsy" Miss McPherson for the City council. Now to be honest this was not the most exciting part of the day. Mr Harrison had relied on his "judgement" to conclude that in sustainable transport terms (i.e. all you lot walking, cycling or using buses) Toads Hall Valley or Sheepcote Valley were much better than Falmer. He was very certain that railway stations, as at Falmer, were not that important. In any case we would all walk happily from Hove, Aldrington, or Preston Park to Toads Hall or jump on buses or park and walk from Maderia Drive to Sheepcote Valley. Yeah, Yeah we have heard it all before but do any of these “experts” live in the real world of going to a footie match?

So, let’s draw a veil over that part of the day. Next on show was the Transport Expert for Toads Hall Valley. Now regular readers will know that this lot have mucked about good and proper. As I understand, it has been alleged that they have not submitted their evidence in accordance with the Inquiry timetable and then for various reasons, witnesses could not attend when they were due to appear. Anyway today they slipped into their evidence that a stadium at THV would require a footbridge, cost £250,000 and a subway cost £900,000. Wham Bam! Our Jonathan “Let’s be quite clear about this” Clay exploded. Where have these figures come from? They are not in your written evidence, says he. Addressing the Inspector he makes it quite clear that he may ask for an adjournment to consider this new evidence. The Inspector was not happy with THV people. His programme for the rest of the Inquiry was falling apart.

Later the Lewes DC counsel Mr White said that he would not wish to present his concluding arguments tomorrow as planned because of the new evidence. He now wants to present his closing speech in May when the Albion and the City council give theirs. And so it went on. I had to leave before the end so no doubt Lord B will cover any late news.

Will this Inquiry ever end? Every extra day costs the Albion dear. The cynics amongst us might think this is exactly what Falmer, Lewes and others want, to drive us into the ground financially. Perhaps the THV lot are hoping that in the end we will go begging to them for their site as we are so broke.

But be of good cheer. To rely on such desperate tactics suggests that their cases are not strong. Falmer is the only site that makes sense in planning terms. I just hope the Inspector sees it that way too.

Shoreham Gull back tomorrow. Hope he did well at his interview. Now, over to Lord B for the authorised version.
 
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ShorehamGull

He's now back
Jul 6, 2003
1,945
Shoreham of course
Good work Gaffer, can't wait to be back in the thick of the action tomorrow.
:wave:
 




dougdeep

New member
May 9, 2004
37,732
SUNNY SEAFORD
Well done Gaffer. You are a credit to Seaford.
 


John Boy said:
Is the inquiry still running to schedule?
Er... no.

Not even tomorrow has been properly scheduled yet.

The one day set aside in the first week of May now looks like it's going to be at least two days.







On a matter entirely unconnected with the Inquiry - possibly - are there any lawyers out there who can advise me whether the phrase "lying arseholes" could constitute libel?






My report will appear later.
 




clapham_gull

Legacy Fan
Aug 20, 2003
25,876
Lord Bracknell said:

On a matter entirely unconnected with the Inquiry - possibly - are there any lawyers out there who can advise me whether the phrase "lying arseholes" could constitute libel?

The other half is a lawyer but she's gone to bed. However - I'm sure I've called her much worse than that and she's never sued me.

Does that help ?
 


Here's the report ...



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.
 










Dave the OAP

Well-known member
Jul 5, 2003
46,761
at home
One word

C***s
 






Ex-Staffs Gull

New member
Jul 5, 2003
1,687
Adelaide, SA
We will never forget these people..... They are activly trying to destroy our club, carrying on the work of Archer.

Correct me if I am wrong though, but now that we have to wait for the General Election will 2 or 3 days at the end really increase the time scale , or are we actually looking at a longer dely?
 




the wanderbus

Well-known member
Dec 7, 2004
2,981
pogle's wood
surely if they are adding evidence after an agreed deadline they should be told to,not a legal term i know,f*** right off ?
 


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