Tuesday, 9 September 2014

Leeds Trolleybus Enquiry Day 44


Leeds Trolleybus Public Enquiry

Day 44


Friday 5th September 2014

Links to the audio recordings for this day follow here.  I am currently a little behind with the material at present so I am hoping that I shall be able to catch up with writing commentary when we have a break.

In the first morning session of Day 44 of the Leeds Trolleybus Public Enquiry, Fri 5th Sept Cameron QC commences his cross examination of Paul Turner, Commercial Director of First West Yorkshire

In the late morning session of Day 44 of the Leeds Trolleybus Public Enquiry, Fri 5th Sept Neil Cameron QC continues his cross examination of Paul Turner, Commercial Director of First West Yorkshire, on matters around First’s response to the NGT proposals.

In the afternoon session of Day 44 of the Leeds Trolleybus Public Enquiry, Fri 5th Sept Neil Cameron QC concludes his cross examination of Paul Turner, Commercial Director of First West Yorkshire and is followed by Gregory Jones QC who makes a short re-examination of Mr Turner.



Monday, 8 September 2014

Leeds Trolleybus Enquiry Day 43


Leeds Trolleybus Public Enquiry

Day 43


Thursday 4 Sept 2014
Links to the audio recordings for Day 43 are shown here and commentary follows below.

In the first morning session of Day 43 of the Leeds Trolleybus Public Enquiry, Thurs 4th Sept 2014 Neil Cameron QC, counsel for the Applicant NGT cross examines Mr Chris Cheek, expert witness for First West Yorkshire from the TAS Consultancy on his evidence, dealing with matters around the viability of the proposed NGT trolleybus scheme.

In the late morning session of Day 43 of the Leeds Trolleybus Public Enquiry, Thurs 4th Sept 2014 Neil Cameron QC for NGT concludes his examination of Mr Chris Cheek, expert witness for First West Yorkshire, focussing in this section largely on operation matters comparing buses with the proposed NGT trolleybus scheme.  This is followed by a short section of questions from the Inspector.

In the early afternoon session of Day 43 of the Leeds Trolleybus Public Enquiry, Thursday 4th September 2014, Gregory Jones QC re-examines Mr Chris Cheek, expert witness for First West Yorkshire on his overview of the NGT trolleybus scheme.


In the late afternoon session of Day 43 of the Leeds Trolleybus Public Enquiry, Thursday 4th September 2014, Gregory Jones QC examines Mr Paul Turner, First’s regional head of commercial on operational matters comparing NGT trolleybus to the existing bus services, some of which have run continuously since the 1950s


If the previous day was a fascinating in depth look at the problems with trolleybus, today’s examinations began with an immensely complicated examination which I frankly found very difficult to understand.  I will acknowledge that Neil Cameron QC for NGT did seem to make some headway against Mr Chris Cheek’s case, but I rather had the feeling that this was not a substantial as it may have appeared. 

For example it may well be that a trolleybus has certain advantages such as less vibration from its drive train than a diesel bus, or that if it has priority at traffic lights then it will be more reliable, but these are isolated factors which are only part of the big picture that the NGT witnesses keep telling us that we should look at ‘in the round’.

Or is it not the pot calling the kettle black for NGT to find and criticise Mr Cheek’s decision not to include quality of bus stops in his model because he didn’t think it was significant enough, when the level of assumptions taken by them are vastly greater in extent, not only on this kind of small detail, but on the very basis of claimed public demand for a trolleybus, such as the extremely detailed analysis of the Stated Preference (SP) tests we have seen.

The SP research and its methodology was strikingly absent from Mr Cameron’s cross examination.  Yesterday Mr Cheek had aimed an extended and withering blast onto this when examined by Mr Jones, and it would seem to be a cornerstone of the case against NGT, but unless my mind wandered off for a nanosecond or two, I don’t recall Mr Cameron making any attempt to retrieve it.  If he didn’t, isn’t it obvious why?  That he would rather move on as fast as possible from the subject and hope the Inspector forgets about it as he nitpicks over minor flaws and legalistic technicalities.

Other problems such as potential for congestion from articulated trolleybuses, the massive and uneconomic cost which would be required for the infrastructure, and not least the problems with passenger preferences for seats, were entirely overlooked and ignored. This latter especially could be a serious problem for NGT if it went ahead, as when it came to thinking about which bus stop to go to, conventional or trolleybus, that will be a major determinator for many if they realise that would not be able to get a seat on NGT and does not seem to have been either acknowledged or addressed. 

It was not surprising to hear Mr Cameron attack First’s motivations and attempt to tarnish their image.  Mr Paul Turner, local head of Commercial for First did something to defend their reputation when he later came into the witness box and stated that First had been realigning their policy away from being strictly shareholder profit driven, and backed up the rationale behind this in explaining that profitable routes such as the A660 allowed the company to maintain the less profitable.  If revenue from a route like the A660 were reduced due to passengers being poached by NGT, and their services consequently cut, then the less profitable routes would suffer as a result.  Simple economics.  And this harks back to Mr Cheek’s point about the likelihood of the 28 and 97 services being reduced as these would be the most vulnerable to loss of passengers.  Many people, myself included, will take a 28 or 97 from the city to Headingley as if it were a 1 or a  6 and barely notice the difference.  But if the trolleybus took 60% of the passenger traffic from the A660, then the passengers who do actually travel on to Adel or Guiseley would probably not be sufficient to justify the service at current levels and thus it would become less frequent.  And so commercial and community benefits coincide.

There was a lot of detail I simply don’t have time to go into, but I will list some of them, questions by Inspector on how hybrid buses work, which was some welcome information, the proposed First New bus for Leeds, and faster ticketing methods.

The general feeling amongst objectors was that Mr Turner was solid in his knowledge of his evidence and was successful in retrieving some of the ground that may have been perceived to have been lost in one or two places by Mr Cheek due to the sophistry involved in the examination against him.  But I only have time for a short blog today, and it was hard fought all day on both sides.  I can only recommend a close listening to one of the most difficult days I have heard so far if you want to be able to make more detailed judgements on what went on.  In summary, Mr Cameron seemed to avoid the difficult stuff, and stick to distracting us with less important material of immense and confusing detail that might give the impression of turning the field against First, but which in reality was secondary to those major battles that NGT are tacitly admitting they have lost by the simple action of not coming back to fight over them, but rather leaving  them well alone.

Sunday, 7 September 2014

Leeds Trolleybus Enquiry Day 42


Leeds Trolleybus Public Enquiry

Day 42


Wed 3 September 2014

On Day 42 of the Public Enquiry we got deep under the bonnet of the NGT scheme.  Mr Chris Cheek, a specialist consultant for First Bus was on the stand all day, first with the completion of his examination by Gregory Jones QC for First Bus and in the afternoon by Neil Cameron QC for the Applicant NGT.

Audio recordings of all the day’s sessions are linked here and commentary follows below.

In the first morning session of Day 42 of the Leeds Trolleybus Public Enquiry Wednesday 3rd September 2014 Gregory Jones continues to examine Mr Chris Cheek, expert witness for First West Yorkshire on the viability of the NGT trolleybus proposals.

In the late morning session of Day 42 of the Leeds Trolleybus Public Enquiry Wednesday 3rd September 2014 Gregory Jones concludes his  examination of Mr Chris Cheek, expert witness for First West Yorkshire on the viability of the NGT trolleybus proposals.

In the early afternoon session of Day 42 of the Leeds Trolleybus Public Enquiry Wednesday 3rd September 2014 Neil Cameron QC commences his examination of Mr Chris Cheek, expert witness for First West Yorkshire on the viability of the NGT trolleybus proposals.

In the late afternoon session of Day 42 of the Leeds Trolleybus Public Enquiry Wednesday 3rd September 2014 Neil Cameron QC continues to examine Mr Chris Cheek, expert witness for First West Yorkshire on the viability of the NGT trolleybus proposals.
This was a fascinating and extremely in depth analysis which we were shown today. 

I’ve made copious notes on the cross examinations which I shall have to seriously condense if I am to prevent this from getting too long!

In short, for the first half of the day Mr Cheek continued to take the opportunity to cast serious doubts upon the NGT proposals.

He detailed a series of shortcomings demonstrated for trolleybuses in general shown in the Price Waterhouse report on the Wellington trolleybus system, which is now to be replaced.

High cost of supply of right hand drive vehicles, high maintenance costs of both vehicles and overhead cables were shown to be problematic.  Where such systems had an abundant hydro electric supply, as in Canada, or where there is an existing system, he acknowledged that there could be value in retaining them.  But with the continuous advances in hybrid and battery bus technology, it would be risky and inflexible to introduce a trolley system in Leeds.  Also because it would be the only system in the whole of the UK, there would be a strong probability of difficulties with maintenance supplies and low volume costs.  The installation of a ‘micro-fleet’ of trolleybuses was a serious weakness.

The potential for nightmare congestion in the event of breakdown or accident was identified by Mr Cheek with respect to articulated trolleybuses and said that the industry view on articulated buses had changed considerably in the last decade and that most operators would be unlikely to renew a fleet of ‘bendy buses’ since problems had been identified, chief amongst which were preference among passengers for having a seat as opposed to standing.  They might be suitable on long wide roads, but the narrow old world streets of North Leeds were not suitable.  Hence he also identified that the scheme was poor value for money due to the fact that so much needed to be spent on infrastructure to make it function.

Simply put, as a layperson it is clear to me that Metro is attempting to shoehorn NGT into a shoe which is too small.  I am reminded of the fairy tale of Cinderella when the Prince came with the glass slipper and her sisters tried to squeeze their own large feet into it, and if I recall correctly some of the more gruesome versions of the tale have the sisters cutting off their toes or their heels in order to be able to get their feet into it.  This is an apt metaphor when you think that Leeds City Council would sacrifice some of the finest and most mature heritage in order to fit in this inappropriate system.  The only difference being, that we do not want to cut off any part of our community in order to be able to shoehorn the trolleybus into our streets, but would have it imposed without consent, fitting the established community to the newcomer, not adapting that to the established conditions.

The assault on the NGT proposals continued with a lengthy analysis of the Stated Preference (SP) test which the Promoter used to justify their choice for a trolleybus.  Mr Cheek was scathing about their methodology.  Regular listeners will recall that Professor Bonsall made a very detailed and lengthy examination of Mr Chadwick over this when examining the business case.  Mr Cheek drew attention to the unrealistic, and I would say, biased, nature of the test methodology in showing a bus which went out of service in 1990 (which would have been in service 1970-1990) against a brand spanking new bus.   Apparently it had been agreed that this survey should have been redone, but it was not, because, as Mr Chadwick said, it was considered a disproportionate expenditure. 

In view of this, Mr Cheek suggested that in respect of the fact that £10million had already been spent, and that potentially £250million might be, a few thousand or even tens of thousands of pounds would have been money well spent if it clarified the likely preferences and demand from the travelling customers upon whom the success of the project relies.

This was a lengthy examination, but it was vital to clearly demonstrate the atrocious methodology in order to fully rid us of any belief in the assumptions of the SP test or the notion that they could provide a valid model, and fully hammer the nails into its coffin lid.  Mr Cheek went so far as to say that the assumption of these bus comparisons was ‘Not a credible assumption.  Not a remotely credible assumption.’  The gap shown in the survey would simply not exist.  ‘It is completely false and the idea that that gap will remain in force for 30 years…. Words fail me.’

Having listened to quite some few hours of examination on the subject of this SP test, which if I recall correctly, even by their own criteria did not prove a clear preference for trolleybuses, it seems fairly clear to me that the basis on which this test was made is a total fantasy.  I have some experience of the scientific method from my degree, and it is obvious to anyone with scientific training, and indeed any sensible layperson of average intelligence, that the kind of comparisons that were used are bordering on the scientifically fraudulent, or, to be kind, at least incompetent.

The onslaught continued with Mr Cheek stating that NGT had exaggerated their assumptions and thereby produced unreliable and speculative data which could not be supported by actual evidence, again bringing the methodology into question.

A particularly sharp accusation he made was that Metro wanted to regain control of public transport and that the TWAO was their means to gain this legal control, so that a trolleybus system had been necessary since now that the tram had been dropped, it was the only legal way to do so.  I know for a fact that Dave Haskins, Project Director of NGT said about two years ago, that Metro was ‘up for it’, when it came to regaining complete control of public transport in West Yorkshire.  So, the trolleybus has been chosen not because it is the best solution, but because it gives the political power to the local authority to get into the public transport game, at least in Mr Cheek’s view, and I am inclined to believe him.  Why else would such a problematic and expensive system be chosen?

We have seen, again and again, that the Applicant failed to make proper consultations with local residents who would be affected (eg, Thursday 17th July late afternoon session)
http://www.mixcloud.com/CosmicClaire/leeds-trolleybus-public-enquiry-day-35-july-17-2014-late-afternoon-session/ 
or that, as I believe I clearly demonstrated in my own cross examination of Mr Thomas Walker earlier that afternoon, the photomontages have been purposely doctored to suggest more positive connotations to the trolleybus.  I would myself, as a qualified Art Therapist with a training in the scientific method, would suggest that this amounts to falsifying evidence, and we are perilously close that that scientific sin with the deeply flawed SP test.

Again and again, Mr Cheek highlighted the extremely risky nature of the proposals.

When it came to cross examination by Neil Cameron QC it would seem that he worked very hard to demonstrate that the demographics not only could work, but that they supported the scheme.  There were problems with the data in that First has been reluctant to disclose its passenger data on the basis that it would be commercially sensitive, and so the results of their own forecasts could not be properly substantiated, but I have to admit, that while I am confident with the standards required for good scientific method, this advanced statistical section left me with my eyes glazing over as a fog descended on my brain.  As Disraeli so famously said ‘There are lies, damned lies and statistics’.

It may be that some of the statistics claimed by NGT on demographics are sound, but even if the available population which might use the trolleybus is correctly estimated, all the other problems remain.  And those demographics must be questioned as Mr Cheek did with the claims that users of Burley Park station would walk (mostly uphill) to NGT stops rather than use the train as they have previously done. 

Simply for Mr Cameron to rely on the fact that the scheme has reached the point that it has and argue that all the requirements set by the DfT are thus likely to have been met is not really sound in my own view, but rather a legalistic view which seeks to avoid taking account of the many practical realities (of which I have not exhausted the list, so I would urge listeners to catch his two morning sessions) and just force it through on formalities.

A brief attempt at scraping the barrel occurred when the objection to the visual pollution of the overhead wires came up.  When asked of his qualifications to make this judgement, Mr Cheek replied ‘I know what I like’.  And so do most people.  But Mr Cameron asked if he had any qualifications to make this judgement, which I found somewhere between amusing and laughable.  Simply put, most people don’t like the prospect of overhead cables.  It is an acknowledged downside of trolleybuses, and yet his judgement that they were unsightly visual pollution was called into question.  Well, I myself am qualified in the subject of visual perception and aesthetics, and I can say confidently that the intrusion of overhead cables is unaesthetic for various reasons such as impeding open views of trees, sky and local architecture.  That it creates a feeling of confinement and even probably claustrophobia in some sensitive people.  That frankly it is obvious and that anyone who calls such a view into question should have themselves questioned as to why they believe so.  I am reminded of Mr Haskins, who apparently likes standing on buses, likes maps with North pointing to five o’clock, and who apparently prefers cloudy winter skies and bare trees to blue skies and trees in full summer leaf.

The obligatory attempt to cast aspersions on the motivations behind First’s objection of course had to be endured.  The end to a long exchange was simply that in Mr Cheek’s view it is ‘Not a good scheme’.

If you can find the time to listen I can highly recommend an absorbing few hours.  The difficult bit on demographics was in the early afternoon session mostly, and if anyone wants to comment on this I should be interested.  However, in the light of all the clearly demonstrated, and frankly, obvious, downsides and risks to the trolleybus scheme, I would bear Mr Disraeli’s opinion in mind and treat that argument with a generous measure of caution.

Wednesday, 3 September 2014

Leeds Trolleybus Enquiry Day 41


Leeds Trolleybus Public Enquiry

Day 41

 Tuesday 2nd September 2014

The Enquiry resumed today after the summer break.  The greater part of the day was taken up with the completion of the examination of Mr Steve Speak on the matter of planning issues around the NGT proposals.  When that had been completed the final session was given over to the first witness for the Objectors, Mr Chris Cheek, a gentleman with a lifetime’s experience working in transport, who presented his evidence in chief.

Audio recordings  of all five of today’s sessions are linked below and I follow with this with some commentary on both the day’s proceedings and other matters around the trolleybus proposals and enquiry.


In the first morning session of the Day 41 of the Leeds Trolleybus Public Enquiry, Tuesday 2nd September 2014, the Enquiry resumes after the summer break with Gregory Jones QC, for First (Bus) West Yorkshire cross examining Mr Steve Speak who is representing Leeds City Council on Planning matters concerning the NGT trolleybus proposals.

In the late morning session of Day 41 of the Leeds Trolleybus Public Enquiry, Tuesday 2nd September 2014 Gregory Jones QC continues to cross examine Mr Steve Speak on Planning considerations regarding the NGT scheme, in this session concentrating on planning guidelines around heritage assets and damage to them.


In the early afternoon session of Day 41 of the Leeds Trolleybus Public Enquiry, Tuesday 2nd September 2014 Gregory Jones QC concludes his cross examination of Mr Steve Speak on Planning considerations regarding the NGT scheme.

In the brief mid afternoon session of Day 41 of the Leeds Trolleybus Public Enquiry Mr Steve Speak concludes his session as witness when he is re-examined by Neil Cameron QC for the Applicant NGT.


In the late afternoon session of Day 41 of the Leeds  Trolleybus Public Enquiry, Public Transport expert Mr Cheek gives his evidence in chief for First West Yorkshire and is then cross examined by Gregory Jones QC.


Today dealt with a lot of technical detail about planning policy such as Core Strategy, the Unitary Development Plan and how the Heritage policies affected the preservation of heritage along the route.

It took a little while to work into the detail and implications of these, so the reader may wish to get the detail from the recordings, but there were several points which I picked out which seemed problematic for the Applicant.

These not only clustered around conflicts with established policies and so forth, but I would suggest that the credibility of the witness was to some extent brought into question.

For instance, Mr Speak didn’t know that the ‘Stated Preference Test’ had produced a result of ‘no stated preference for tbus’.  He couldn’t recall being told this or not by his team.  One would have thought that a planner responsible for overseeing a scheme like this would at least have looked at the passenger preferences and how they might factor into the viability of the proposals, but apparently not.

A similar shortcoming was apparent with regard to the harm that Mr Philip Ward (Heritage) had admitted would be caused to listed structures, and which was against the National Planning Policy Framework (NPPF) guidelines which recognised statutory protection for listed buildings.  He was obliged to consider the conflict with Heritage policies in UDP but had to admit that he hasn’t carried out a review of that conflict.

Again and again from Mr Speak we have heard how he likes to take everything ‘in the round’ or with a ‘rounded view’.  This seems to be his stock fall back phrase, just as previous witnesses have repeatedly ‘taken a view’ (I think that was Mr Hanson) or ‘made the judgement that’ (Mr Haskins if I recall correctly).  He seems to constantly want to stand back and look at The Big Picture and not be concerned with the details, the contraventions of guidelines, agreed policies on heritage and the like.

This has consistently been a characteristic of the NGT case, in which the proponents have deviated from WebTAG guidance for instance (Mr Hanson again) but in no way will acknowledge that this is an improper way to proceed.

A little debate that blew for a while between Mr Jones and Mr Speak was about the question of whether NGT could really be considered ‘rapid transport’ as it tries to portray itself.  One admires the research team who winkle out such details as the fact that in August 2013, just a year ago (when the scheme was already in the pipeline for a TWAO application), the word ‘fast’ was removed from the ‘vision statement for NGT’ by Chairman of Metro Kieran Preston.

If the chief executive of Metro finds it necessary to remove such an important word as ‘fast’ then one might assume that the word ‘rapid’ would also be inapplicable, being synonyms.

Mr Speak tried to insist that despite not being fast it was, nonetheless ‘rapid’; however, it wouldn’t need the scalpel like precision of Mr Jones’s analytic technique to see that while the ‘Vision’ document claimed that it may be ‘key to create a Rapid Transport system’ (in their view) nonetheless even that document did not claim that it was a ‘rapid’ system itself.  In other words, the document put it forward as part of a jigsaw, rather than the whole picture when it came to a rapid transport system.

This touched on the issue of interconnectivity, which was discussed in more detail by Mr Cheek later.  However, Mr Speak was reluctant to acknowledge what seemed as plain as a pikestaff, that something which might contribute to an overall rapid transport system but which was not ‘fast’ could neither be ‘rapid’ either.

As to whether the overall system would end up being rapid ~ well you would need to have it integrated systematically into the other transport systems (buses, train stations) in Leeds for that to work, especially as the trolleybus itself would not be ‘fast’ ~ Mr Cheek in his evidence in chief pointed out that although interconnectivity has been a concept which has been floated since the late 1970s, nonetheless, NGT had given no evidence that they had actually done any work on making their system interconnective. 

In other words, if I may be so bold, it would seem to me that the ‘Vision’ that the trolleybus would be part of a ‘rapid transport system’ was a load of spin that they had no intention of making any attempt at actualising.  One is reminded also of the fact that great store has been placed on the separateness of the NGT system from others, especially buses which it would not share the same stops with, and so would be distinctly uninterconnective.

Along the way he had managed to claim that congestion on the A660 would only get worse if NGT was not implemented, while it has actually been admitted earlier that it would probably create more congestion as a result of priority lanes and ‘traffic stacking’.

One last point which came up before Mr Speak’s examination was over, was among a short series of questions put by the Inspector, Mr Whitehead.  He asked whether the witness had taken into account that Monument Moor was the start of the famous Dales Way, an ancient pathway.  Mr Speak was apparently unaware of this, and it was clear from the Inspector that he considered that he should have been.

I am sure that this will be gratifying to Mr Bill McKinnon and the Friends of Woodhouse Moor, whom he has represented at the enquiry, since he has drawn a lot of attention to Monument Moor, which has been shamefully neglected by Leeds City Council over the years, in what one might suspect is a cynical ploy to reduce the value of this historic piece of land in the eyes of local citizens order to make it easier for them to take part of it for a trolleybus lane.

Moving on to the evidence in chief of Mr Chris Cheek for First West Yorkshire, you will find the expert testimony of a gentleman who has spent his whole adult working life engaged with transport issues.  He has sat behind Mr Jones for most of the enquiry so far and has clearly had his mind well focussed on the issues.

He brought into question just about every aspect of the NGT scheme that I could think of.  Most particularly he asserted that the passenger estimates were not realistic.  I am reminded of how we were told some while back one of the witnesses had said that the passenger journey estimates for the original scheme, that included a route to St James’s and Seacroft, which had been in the region of six or seven million per annum had roughly been doubled to about twelve million or so when the eastern spurs had been dropped.  I may only be a layperson, but my maths is good enough to know that  something there doesn’t add up.  And Mr Cheek seemed to think that estimates of such matters had been exaggerated.

Moving on to the logistics of implementation, it would be ‘cumbersome’ and immensely expensive to introduce the infrastructure, and we were reminded that the introduction of further routes would each require a TWAO before they could be implemented (the spectre of further public enquiries loomed over the chamber), while a new bus route or service could be put in place at 56 days notice.  He brought attention to the fact that bus services such as the 28 and 97 might not be able to survive and so the residents of Weetwood and Adel could be without a bus, or at least suffer reduced frequency of service.

Again and again the flimsy justifications of the NGT consultants were brought down, as Mr Cheek identified that scores of trolleybus schemes around the world were being closed, and even such places as Wellington (longest running trolleybus system in the world) were abandoning them.  The ‘visual pollution’ of the overhead lines was even being reviewed by Geneva, who are about to trial more flexible quick charging buses.

If you want to know more about why the tide is turning away from trolleybuses you could do worse than listen to the final session of today’s recordings.

While on the subject of the recordings, I should say that there may be slight delays in the posting of these important documents over the next few weeks, which without disclosing the trade secrets as to how we make them, I will simply say is down to the logistics of the matter.  However, our dedicated team of Objectors are determined to take down every word that is uttered at the Public Enquiry, or at least as near as is humanly possible, and we shall get them posted on the mixcloud site as quickly as we can.

As the value of these recordings becomes ever greater, I have heard many objectors say how disgraceful it is that neither NGT nor the Council have made any effort to compile a public record, and we are astonished that the Inspector does not have a secretary or stenographer to make a written record.  Neither is there any reporter from the media routinely assigned to even make a prĂ©cis for public consumption.  In the event, the Objectors' recordings, which I have the privilege to manage, are the only document of all this on the public record.  This behaviour on the part of Metro and LCC would seem to me to be an attempt to stifle awareness of these important proceedings.  However, the powers that like to think they are cannot stifle the truth in the information age.

Well there is a lot more I could add about yesterday’s proceedings and the ongoing campaign to stop the trolleybus but I have probably written enough for today so I shall leave you until the next time.

Thursday, 7 August 2014

Leeds Trolleybus Enquiry Day 40


Leeds Trolleybus Public Enquiry
Day 40   

Here are the links for Day 40 of the Leeds Trolleybus Enquiry, 24 July 2014.  This was the last day of the Enquiry before the summer holiday break, it will resume on 2nd September 2014.

I should apologise for the late appearance of the listing for the audios of the day's sessions as I was on my way to my holiday destination when this was taking place and I didn't get to process the recordings until I came back to Leeds the following week.  Here are the links to the pages where they are hosted, and my commentary follows below them.


In the first morning session of Day 40 of the Leeds Trolleybus Public Enquiry, after admin and timetable matters have been dealt with, Mr Stuart Natkus, acting for his clients, Statutory Objectors, examines Professor Jeremy Purseglove on ecological issues around Headingley Hill.


In the late morning session of Day 40 of the Leeds Trolleybus Public Enquiry Gregory Jones QC completes his cross examination of Mr Neil Chadwick on the business case for NGT and is followed by Neil Cameron QC who carries out the re-examination of the witness.
The Inspector then gives his decision on the matter of whether he will accept the Heritage technical appendix and this is followed by some brief discussion of the coming timetable.
The Enquiry is now adjourned for the summer break and will resume at 10am on Tuesday 2nd September 2014.

                                                     *

The 40 days of the Enquiry so far has been gruelling for all parties concerned, it sounds like some Biblical trial which has to be endured!

There is still a great deal of business before the Enquiry to be examined in the coming weeks, not least the vexed matter of the newly submitted Document B-13 (Heritage).

Readers will probably know by now that he decided to allow it to be included, but listening to his statement at the end of today's business you will find it is not entirely unconditional in its acceptance.  It is worth noting that it will not replace the existing Heritage Statement and objectors are invited to draw attention to inconsistencies between the two.

I haven't had a great deal of discussion with other objectors since returning from my holiday, but one opinion which has come up and which I have some leaning towards is that this is not an entirely unmixed blessing for NGT. 

The Inspector probably felt that he might come in for some criticism if he refused to accept technical data which was available. NGT might have some case for appeal if this were the case and so it would appear that Mr Whitehead has erred on the side of caution in this matter.  

However, noting that it will not replace but only add to the existing document could be a poisoned chalice for NGT as I know that there are indeed some discrepancies between the two documents, either those which relate to my own examinations on Rose Court mansion, and others which have been pointed out to me by fellow objectors.  Doubtless First West Yorkshire have had a team of eagle eyed examiners trawling through the 370 pages to find as many as they can.  One may imagine that the greater the number and severity of these inconsistencies the greater will be the risks of displeasure which might be incurred by NGT in the Inspector's final assessment of this matter.

The promoter must have felt that they had something to gain by making this late submission, but in view of the way the cross examination of the evidence has gone so far, I am inclined to think that they may have made a rod for their own back, or to mix my metaphors, perhaps the Inspector has decided to see whether if he gives them a long enough rope they end up hanging themselves with it.

This is all somewhat up in the air at present and until it is put under examination.  Clearly the Applicant thought that they had something to gain with this, but what exactly is something I am struggling to grasp to some extent given the already identified problem that Mr Jones identified some while back, that being whether the document is an admission of the original’s inadequacy (especially in view of Mr Ward’s cross examination).

Clearly there will be some re-examination of witnesses before this is properly behind us and we have to hope that this will not cause the timetable to creep into November.  A further full 40 days would test the stamina and patience of even Job!