PUBLIC RIGHTS OF WAY
Web Pages from the Gateacre Society

THE PUBLIC INQUIRY,
March-August 2018,
INTO THE GLENACRES / BYRON COURT PUBLIC RIGHT OF WAY ORDER (continued)


The City Council's Closing Statement,
read out by Roger Mann, concentrated largely on the legal aspects, including the status of the Head Lease, the requirements of the Highways Act, and the implications of the various past cases cited by the BCMC. He considered that "The Council remains satisfied that it acted correctly in making the Order", but went on to acknowledge "the complexity of the factual and legal issues raised during the Inquiry, and which fall to be determined by the Inspector". Mr Mann went on to comment on various matters raised in BCMC's Closing Statement, suggesting that some of the statutes and precedents quoted had been wrongly interpreted, but again emphasising that it would be for the Inspector to decide whether they were relevant or not.

Finally, there were two applications for costs, on which the Inspector was asked to make a ruling. The BCMC claimed that the expense they had incurred was the result of having been given incorrect advice by City Council officers, and argued that the Council should reimburse it. The City Council, in turn, claimed that the two adjournments had been unnecessary, because the 'legally valid' Head Lease being sought did not exist. They argued that the costs of the last two days of the Public Inquiry should be borne by the BCMC rather than by the Council.

At the conclusion of the Inquiry, the Inspector, Martin Elliott, was asked about the timetable for his decision. His response was that his report will be published "as soon as possible", but it is likely to be "months rather than weeks" before this happens.



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Page created 15 Aug 2018 by MRC, last updated 14 Jun 2019