A new detailed account of proceedings at the Inquiry
Apr 6, 2019 17:51:25 GMT
simond, rocky14, and 1 more like this
Post by PB on Apr 6, 2019 17:51:25 GMT
Rob Belcher has written this outline of events from 02-05 April and the long awaited De-registration Inquiry; I am grateful to him for his agreement to publish his report here:-
It is worth noting before including Rob's words that the closing submission on behalf of the Applicant, Blackbushe Airport Ltd., states, "If we are held to be correct, the Application Land must be removed from the Hampshire County Council ("HCC") register of common land".
Blackbushe Inquiry-in the matter of sch.2 paragraph 6 of the Commons Act 2006
Those involved-
Commons inspector presiding-Alan Beckett
Representing the airport-
Mr Edwards QC
Mr Mackenzie
Objectors-
Mr Petchey-Open Spaces Society
County Councillor Collett acting for himself
County Councillor Simpson acting for himself
Mt Tipton (a ‘commoner’) (Ed. The only one!)
Neutral-
Mr Lawerence Hampshire County Council
Day 1 April 2nd
The couple of hours consisted of legal procedural matter on new evidence and the admission at the last minute of Hampshire County Council. Mr Edwards then presented the airports opening statement. The first witness was Mr Chris Gazzard current airport manager who gave lengthy evidence on the airports history, location of buildings and boundaries and of the airports operations. I then followed with evidence of the airports history, building and boundary locations and operations. Witnesses were cross examined by the opposite side and this would be the same for all witnesses on both sides.
Day 2 April 3rd
The airports presentation of witnesses continued with Mr Peter Brown spending much of the morning giving evidence of his long experience of the airport. Cross examination by this time was particularly focusing on airport boundaries, fences and hangars on what is now BCA’s site. Following Mr Brown was Mr Michael Lambert, former airport manager who gave evidence on his time at the airport. He was followed by Professor Michael Bagshaw and Mr Peter Coombs. Both these gentlemen have been flying from Blackbushe for a long time and gave their experience of the airports operations and other items. The final witness was Ms Ann Bartaby planning consultant who gave her professional opinion on planning and operational matters.
Day 3 April 4th
Opening the objector’s side was Cllr Collett followed by Cllr Simpson. They spoke of a similar theme of protecting the airport from future non-aviation development that they said would be detrimental to the area. Both said that the airport is tolerated in its current form and they did not wish to see it close. Both of these objectors said the site should be returned to open common if the airport closed and both felt the airport was not the curtilage of the terminal. Following this it was Mr Tipton’s turn, he followed similar themes but very much felt the terminal was an illegal building. This was due to the fact that it was not demolished under the terms of the 1961 sale. Mr Tipton also highlighted environmental considerations on the site. The open Spaces Society presented no witness evidence. The afternoon was spent with some of the parties visiting the airport.
Day 4 April 5th
The morning was spent by the objectors summing up. Although the ‘neutral ‘ Hampshire County Council started proceedings. I was only present for part of their case and it surrounded the legality of the terminal and if only part of the terminal building could have its curtilage de registered as they owned two thirds of the building at the time of registration in 1967. I then had to leave until the afternoon so missed the objectors summing up.
In the afternoon Mr Edwards made a lengthy closing statement for the airport. He had to answer all the points from objectors summing up in his submission. The gist of his submission is that the terminal passes all tests to have it, and its curtilage de registered under the commons act 2006, it is a simple case. In a final twist Hampshire County Council recognized Mr Edwards argument and withdrew their evidence that the terminal could not be de registered because part of it was on their land in 1967. We now await the inspectors report.
As Rob says, we now await the Inspector's Report.. how long this might be is currently undetermined. Our patience must be tried a little longer...
It is worth noting before including Rob's words that the closing submission on behalf of the Applicant, Blackbushe Airport Ltd., states, "If we are held to be correct, the Application Land must be removed from the Hampshire County Council ("HCC") register of common land".
Blackbushe Inquiry-in the matter of sch.2 paragraph 6 of the Commons Act 2006
Those involved-
Commons inspector presiding-Alan Beckett
Representing the airport-
Mr Edwards QC
Mr Mackenzie
Objectors-
Mr Petchey-Open Spaces Society
County Councillor Collett acting for himself
County Councillor Simpson acting for himself
Mt Tipton (a ‘commoner’) (Ed. The only one!)
Neutral-
Mr Lawerence Hampshire County Council
Day 1 April 2nd
The couple of hours consisted of legal procedural matter on new evidence and the admission at the last minute of Hampshire County Council. Mr Edwards then presented the airports opening statement. The first witness was Mr Chris Gazzard current airport manager who gave lengthy evidence on the airports history, location of buildings and boundaries and of the airports operations. I then followed with evidence of the airports history, building and boundary locations and operations. Witnesses were cross examined by the opposite side and this would be the same for all witnesses on both sides.
Day 2 April 3rd
The airports presentation of witnesses continued with Mr Peter Brown spending much of the morning giving evidence of his long experience of the airport. Cross examination by this time was particularly focusing on airport boundaries, fences and hangars on what is now BCA’s site. Following Mr Brown was Mr Michael Lambert, former airport manager who gave evidence on his time at the airport. He was followed by Professor Michael Bagshaw and Mr Peter Coombs. Both these gentlemen have been flying from Blackbushe for a long time and gave their experience of the airports operations and other items. The final witness was Ms Ann Bartaby planning consultant who gave her professional opinion on planning and operational matters.
Day 3 April 4th
Opening the objector’s side was Cllr Collett followed by Cllr Simpson. They spoke of a similar theme of protecting the airport from future non-aviation development that they said would be detrimental to the area. Both said that the airport is tolerated in its current form and they did not wish to see it close. Both of these objectors said the site should be returned to open common if the airport closed and both felt the airport was not the curtilage of the terminal. Following this it was Mr Tipton’s turn, he followed similar themes but very much felt the terminal was an illegal building. This was due to the fact that it was not demolished under the terms of the 1961 sale. Mr Tipton also highlighted environmental considerations on the site. The open Spaces Society presented no witness evidence. The afternoon was spent with some of the parties visiting the airport.
Day 4 April 5th
The morning was spent by the objectors summing up. Although the ‘neutral ‘ Hampshire County Council started proceedings. I was only present for part of their case and it surrounded the legality of the terminal and if only part of the terminal building could have its curtilage de registered as they owned two thirds of the building at the time of registration in 1967. I then had to leave until the afternoon so missed the objectors summing up.
In the afternoon Mr Edwards made a lengthy closing statement for the airport. He had to answer all the points from objectors summing up in his submission. The gist of his submission is that the terminal passes all tests to have it, and its curtilage de registered under the commons act 2006, it is a simple case. In a final twist Hampshire County Council recognized Mr Edwards argument and withdrew their evidence that the terminal could not be de registered because part of it was on their land in 1967. We now await the inspectors report.
As Rob says, we now await the Inspector's Report.. how long this might be is currently undetermined. Our patience must be tried a little longer...