Notes from case management conference 30 November 2020
APPEAL REF: APP/X1165/W/20/3245011
Inglewood, Torbay
Case Management Conference 30 November 2020
Peter Goatley QC spoke for the appellant
Nina Pindham of Counsel spoke for the Council
Adam Billings spoke for the R6 (Brixham Town Council)
The Inquiry will open on 12 January 2021 as a virtual event using PINS’ MS Teams platform.
There will be a test event in w/c 4 January 2021 which will be made available more widely than just the main parties to ensure proper access.
A protocol will be circulated relating to the expectations of witnesses while giving evidence and in particular, their access to other electronic devices.
The Inquiry will proceed on a ‘topic’ basis with landscape as the penultimate topic, and planning evidence (including HLS) last.
Ecology and highways/transport will be dealt with first.
There will be opportunities for 3Ps to address the Inquiry after openings (on Day 1) and before the planning evidence (likely to be in week 2).
At present, the 8 days allowed would appear to be sufficient, but this will be reviewed after the exchange of evidence.
Progress has been made on various SoCGs and Position Statements which has narrowed the areas of difference between the Council and the appellant on ecology (where a draft AA is in preparation) and highways/transport.
The main parties are encouraged to continue this process with the aim of narrowing areas of difference as far as possible.
The position in relation to HLS has changed recently after a particular appeal decision (which is to be circulated) and this may narrow the area of difference between the Council and the appellant.
The appellant is to pass to the R6 the latest appellant/Council HLS Position Statement, including appendices.
PoEs and Appendices are to be exchanged (direct as well as through PINS) on 15 December 2020.
If any party feels the need to produce rebuttal evidence, then this needs to be circulated by 23 December 2020.
These are to be held (as pdfs) on either the Council’s website or a separate platform. It would be helpful if PoEs, Appendices, and any Rebuttals could be housed there too.
The aim is to ensure that the material before the Inquiry is easily accessible to all.
The Inspector will undertake a pre-Inquiry site visit (unaccompanied).
It would be helpful if the main parties could produce a map with routes and viewpoints marked to facilitate that.
An accompanied site visit will no doubt also be necessary, but this can take place after the Inquiry is closed.
Work continues with both; the expectation is that a draft list of conditions and an Obligation (not necessarily completed) will be available for discussion at the Inquiry.
Paul Griffiths
30/11/20