Wed 24th Jun, 2009

The calm before the storm - 9.30am prompt and house matters occupied the start of the morning session as usual.  Discussing parameter plans, the Inspector wanted to know the applicant’s stance regarding amendments (possibly critical) to ‘building line and height’ in relation to listed buildings.  The absence of Centros meant this information wasn’t available.  It has become a refrain from all sides throughout the Inquiry to note the difficulties the invisible applicant has caused.  Paul Tucker, for the Council, was anxious to secure agreement from Centros sooner rather than later that they would meet proximity conditions for listed buildings.  If agreement was not forthcoming from Centros, he joked that he would ‘be moving across to the other side.’  Humour aside, the point was to assure the Inspector that the Council did not intend to allow new build to adversely affect surviving listed buildings in the Centros Plan.  Following confirmation that the Inquiry extension will recommence starting on 29th Sept, 2009, for four days, the real business got underway.    

Andrew Deakin, the softly spoken barrister for SAVE, began with an incisive cross examination of Senior Conservation Officer, Mr Gardner.  Consisting of just two questions, it drew a significant admission that the Council have not explored options to ‘sustain existing uses’ or find ‘viable new uses’ for buildings due to be demolished.  Only if the Secretary of State is satisfied that this exercise has been carried out, can consent be granted.  

Paul Tucker then began his re-examination of Mr Gardner and the storm was about to break.  If there is one issue on which Centros and the Council stand or fall, it is the pedestrian link bridge on Stonewell.  Having established the critical importance of the bridge, English Heritage barrister Eian Claws had drawn blood with the fact that no bridge plan has been submitted to the Inquiry.  This was the wound that Paul Tucker now sought to close. 

He asked Mr Gardner whether he thought the bridge needed to be a ‘fixed part of the application?  “Yes” came the reply.  Silence followed while the Council caught its breath.  It was clear that Mr Gardner is a man of great integrity but this was not the answer Paul Tucker wanted to hear.  The bridge isn’t a fixed part of the application.  He reminded Mr Gardner of this fact.  “Ah, sorry,” Mr Gardner said.  Paul Tucker then applied for an adjournment to allow time to take instructions from his client.  The Inspector granted a longer than usual lunch break, commenting ‘this was always likely to happen with the applicant not here.’

Reconvening at 2pm. Paul Tucker immediately requested another adjournment in order to produce a ‘position statement.’  Without the participation of Centros the Council could not deal with the issues that had arisen.  He declared that the Council ‘supported the principle of development’ but were not advocates for the applicant.  Yet nobody, not English Heritage, not SAVE, and not IOC, had ever opposed the principle of development.  The issue is suitability.  The fight is entirely about the kind of development that the majority of people in Lancaster want to see. 

With first duty to the public not Centros, ‘it would be inappropriate to play any further part in this Inquiry’ the Council barrister said.  This was ‘a highly unusual and extraordinary situation.’  Chief Planning Officer Andrew Dobson will not be called as a witness, he will now make a written submission and the Council will stand by its evidence before the Inquiry. 

Paul Tucker could see only three options from here; Centros withdraws its application, Centros argues its own evidence or all Parties withdraw representation.  Responding to this dramatic development with admirable lightness of touch, the Inspector said ‘I still have to report to the Secretary of State and make a recommendation.’ 

The Inquiry continues tomorrow at the slightly later time of 10am.  There will be no cross examination from the Council but the Inspector remains committed to hearing evidence from English Heritage, SAVE, IOC, and not least the 68 or more members of the public who wish to speak on the 30th June.   

Mark Rotherham