Hostages to fortune

Day 15 of the Public Inquiry (PI) - amazing isn't it? it's been running for more than 6 months, yet it's only just managed to have a fortnight of 'sitting days'.

The Highways Agency have managed to go one better than at the last hearing on November 6th. For now, they have managed to get the PI postponed indefinitely.

Stephen Greenhalgh (for the Highways Agency) was unable to say when their evidence would be sufficiently in order to present to the PI, but promised to return 'after Easter' to give an update. The Inspector, John Watson, wanted him to be more specific:

JW - There is an awful lot of time, I hope, after Easter 2008. How long after Easter 2008 do you have in mind?

SG - I don't know at this stage, sir.

For once, the Peak District National Park looked like they had some bite. Their Barrister, Mr Cannock, set out a perfectly reasonable possible order of events:

• The Highways Agency withdraw the Line Orders
• They produce new traffic forecasts
• They introduce a consultation on a Peak Park-wide HGV ban and how route restraints measures will be secured
• If the bypass still remains the optimum solution, their new evidence can be produced

These are serious points. Anti-bypass campaigners have always asked that a HGV ban be trialled, then that part of the argument can be dealt with. The promoters have always said 'it won't work', but there's no harm in trying, and it could have been running in the interim, during all this wasted time. Most reasonable people would surely agree.

Mr Cannock stressed that, as things stand at present, there is no valid evidence in support of the road proposal from either the Highways Agency or TMBC that is actually in existence. This left any future scheme approved by the Secretary of State under a real risk of a future legal challenge.

John Watson seemed to echo the latter point when he said even if he agreed that the proposals should go forward, he would have to explain to the Secretary of State why he had confidence in the 5th version of the HA's proposals (as things stand currently - it could be 6th soon!).

Predictably, Charles Calvert announced that the HA had no intention of withdrawing. So the show goes on.

John Watson insists that he is bound by the procedures - his beloved 'rules' that he referred to last time. He increasingly comes across as someone who wishes he could be put out of his misery. In our view - and probably his - the PI is being held hostage by the Highways Agency: they know that the rules mean this charade can go on and on.

It's in these circumstances that John Watson has decided to adjourn indefinitely or an 'unspecified date' as he put it. And to cap it all, objectors will only have 3 weeks notice of any future hearing when the HA has got it's act together.

So that's all for 2007. Who knows when we will meet again...

(Today's transcript can be read here - opens PDF)

"It seems to me it is, in the literal sense of the word, an extraordinary situation in which we find ourselves..."

Those of you that have been following this farce that calls itself a Public Inquiry know the drill by now. The Public Inquiry re-convened today. So, right on cue, the Highways Agency admit that even more of their figures are wrong. Over to the Inspector, John Watson:

Yesterday the Programme Officer had a telephone call from
Louise McCawley, who I understand works for the
Highways Agency. She told him and asked him to tell me, which
is why I am mentioning it now, that more errors had been
found in the traffic modelling and that there may be a delay
in presenting the Environmental Statement later than
30th November. I know nothing more about this. (p.3, line 22)

'lah-de-dah' Charles Calvert for the Highways Agency professed his client's complete incompetence (or wilful tactical ploys...):

it is nigh impossible for us to achieve the date that was set at the last meeting. (p.4, line 10)

And guess what? This also means that their amended evidence, submitted since the last adjournment, is now invalid. Great.

John Watson's view on this (and a priceless quote):

It seems to me it is, in the literal sense of the word, an extraordinary situation in which we find ourselves (p.9, line 21)

Do you think he's pissed off with this charade? He must be at least simmering. But he went on to say that 'the rules' can cope with this situation. The bourgeoisie will always cling to their 'rules' when all else is clearly lost.

The fact of the matter is that the State, represented here by the Highways Agency and their local manifestation TMBC, is playing a game to frustrate the Objector's case. They clearly do not want to the evidence to be heard, but the cold hard fact is that the longer this thing stretches on, the more diminished the resources of the 'official' opposition become.

This is now an all but official war of attrition.

Counsel for the Highways Agency: Charles Calvert

The counsel for the Highways Agency has made his mark on this Inquiry. On Tuesday, he did his best to avoid using the microphone, pretending that he didn't know how to use it or simply avoiding it altogether. Clearly, his words are intended largely for the Inspector. This man could strut sitting down.

But he needs to be taken seriously. His Bio on his Chamber's website makes it clear he is very experienced and this profile shows he has a clear track record in advocating road schemes. It also ironically shows that he finds leisure in the 'country life' - presumably not that of the Peak District and Longdendale, which he helping his client to ruin for eternity.

But his manner and deportment are at times ridiculous. He forever reminds me of ' la de dah Gunner Graham' from 'It Ain't Half Hot Mum':



Can you see the resemblance?

Counsel for TMBC: Martin Carter

First up in the 'establishment spotlight' is TMBC's barrister at the Pre-Inquiry Meeting (PIM), Martin Carter.

At the PIM, Carter (a member of the Planning & Environment Bar Association) announced that he would be appearing only at the PIM, and that his colleague, John Barrett would be conducting the Inquiry.

Of course, we all know that lawyers accept all kinds of cases, sometimes appearing as advocates for both sides of a particular cause. And Carter is no exception. Although it is interesting to note that he has backed some causes we'd approve of and that are somewhat relevant here: resisting Compulsory Purchase Orders and fighting cases where Village Greens are under threat.

On Tuesday, he came across as somewhat less incompetent than Charles Calvert (for the HA), but admitted that TMBC were 'working towards' submitting their evidence for the deadline of 5th June. He also said he 'didn't know' what the extent of the information that was available on the combined environmental impacts of the Bypass & Spur together. Such an admission may mean a number of things, though as one objector remarked it's not possible to comment on information that doesn't exist...