Better Transport

There is no right or wrong way to fight public inquiries. Opinions differ wildly and it is up to you to decide how you want to proceed.

Fundraise
Some groups have fundraised massively and commissioned experts and barristers to present their case in a highly professional way. 

Coordinate
Coordinate with other objectors – other local authorities, statutory bodies like Natural England and other community groups. It is a good idea to ensure there is little duplication to save costs and time. 
 
Gain Rule 6 or Rule 7 status
If are going to play the inquiry seriously and put up a strong case, but are not a statutory objector (landowner), you should try to gain ‘Rule 6 status’ – so called because it’s Rule 6 in the rules regarding public inquiries --  except for in the rules regarding public inquiries into compulsory purchase orders, where it's Rule 7.

Write to the inspector and ask for Rule 6 (or 7) status.

The advantages?

• You automatically get sent copies of the council’s statement of case
• You are also seen as having your ‘feet under the table’ at the inquiry and get taken more seriously
• You also get the opportunity to cross-examine witnesses

Drawbacks? It can be costly because you have to produce three copies of your statement of case for the inquiry, and a copy for every statutory party, which can involve a lot of copying and printing! This is no small matter – some groups have estimated their printing costs alone to be £1,000.  If you don't get special status you are just an ordinary objector.

Get ready to argue your alternatives
Have you come up with alternative proposals? If so, you will need to present them in your proofs of evidence. The applicant will be rebutting them at the inquiry. The applicant and the Inspector will expect you to put in another road route as an alternative so you may find resistance if you’re introducing non-road alternatives, such as evidence on Smarter Choices, cycle networks, workplace travel plans etc. You will need to collect sound evidence on the effectiveness of these measures and again may have to call expert witnesses.

You will probably be addressing planning issues. However if your scheme is a local authority scheme and it has not been called in, it is up to the inspector to decide if planning issues can be addresss; he or she may rule they were addressed at the planning application stage.

Example: What Transport Solutions for Lancaster and Morecambe put forward as alternatives (120K pdf), in their proof of evidence, to fight the Heysham M6 link

Lawyers, expert witnesses and fundraising
If you intend to put up a strong defence at a public inquiry, you need to start planning for this very early on and start working out your budget and fundraising strategy. Local campaigners Transport Solutions for Lancaster and Morecambe raised £35,000 in five months to hire experts and a barrister for the public inquiry into the road they are fighting.

Hiring lawyers
Some groups have hired a barrister or solicitor for some technical parts of the inquiry, where procedure  is being challenged. There are very split opinions on lawyers – some people regard them as essential to present the arguments clearly, whilst others see them as a waste of money.

There is general agreement that they can be useful at certain points, but that they are very expensive. You might be very lucky and get one who wants to do the work for you for free or at a reduced rate, especially if they want to get the experience.

Hiring experts
Most groups who have been through inquiries agree that if campaign money is short, it is much better spent on expert witnesses rather than barristers. You could consider hiring consultants and experts who can pick apart the other side’s arguments, on issues such as the economic model, the traffic assumptions or whether the plans to mitigate the environmental impact are up to scratch.

Many experts are booked up far in advance, and will need notice, so approach them early on to gauge their availability and range of fees.

Campaign for Better Transport can help you decide which ones to use. Contact us.

The Pre-Inquiry Meeting (PIM)
For schemes where there are substantial objections, there is likely to be a pre-inquiry meeting. Because such meetings aren’t compulsory, write to your regional government office asking for one as soon as the Government announces the inquiry.

The meeting is be chaired by the inspector appointed to the inquiry. The purpose of the meeting is to set the programme for the inquiry and to sort out procedural issues. It is not  to discuss the scheme – that will come later! The meeting is very important for setting the tone and getting what you need from the inquiry.

If you have substantial procedural issues to raise, do so in advance with the programme officer to ensure they get on to the agenda.

Go to the meeting with a clear idea of what you want to achieve. Things that have been debated at pre-inquiry meetings:

• Need for the scheme.  At an inquiry into compulsory purchase orders, which isn't regarding a called-in scheme, it is up to the inspector whether he will hear discussion about planning issues and the 'need' for the scheme. Submit evidence to the inspector ahead of the pre-inquiry meeting showing why you think the need should be addressed 
• Programme officer. If a programme officer hasn’t been appointed to the inquiry, ask for one, because they make everyone’s lives much easier – including the inspector’s. The Highways Agency or the local authority usually pays for them. They are usually extremely helpful and will help you through the procedure
• Inquiry website. The programme officer can create a special website for the inquiry, where all inquiry documents, including all statements of case and proofs of evidence, can be lodged - a great reference when you're preparing your arguments for the inquiry. Example: The inquiry site for the proposed Mottram Tintwistle bypass
• Daily transcripts. These are incredibly useful, but not always provided. Ask for them, and ask that they are put up on the inquiry website, as well as all the proofs of evidence. This way if you did not attend the inquiry you can always read what happened, also there is an accurate record of who said what.
• Evening sessions. Most people work, and it is unfair to expect them to have to take a day off work to attend the inquiry. Ask the Inspector if he will allow a few evening sessions if people require them.
• Objector’s room. The promoter will have their own room to prepare their documents. Ask for an objector’s room to prepare your evidence
• Inquiry venue – is it completely inconvenient for objectors? Is there adequate public transport? If the venue is so appalling it might be worth asking for another venue that suits objectors.
• Objector’s facilities. It would be very convenient if objectors also had access to things such as photocopying facilities, printers and web access.

The pre-inquiry meeting will be formal, and if you want to achieve what you want from the inquiry you should respect this, and follow the rules. It is best to get off on a good footing and create the right impression. Of course if the Inspector is behaving appallingly, and won't listen to concerns or is being patronising or dismissive, of course you should protest.

Don't annoy the Inspector by raising issues about the road scheme. Remember the meeting is for procedural matters only – not to discuss the quality of the proposed scheme. Making long rants about the scheme will just have the effect of making the Inspector close his or her ears to your arguments, and label you as ‘disruptive’ and not take you seriously.

Preparing your statement of case
Four weeks after the pre-inquiry meeting, the promoter will serve its statement of case on statutory objectors. A statement of case briefly outlines the case you wish to make at the public inquiry. It is usually no more than 1,500 words (if it is over 1,500 words, a summary is required). The statement of case forms the basis of the arguments you expand upon in your proof of evidence. Your statement of case must be handed in six weeks before the inquiry begins or at a date set by the inspector at the pre-inquiry meeting.

Proof of evidence
Your proof of evidence sets out the arguments that you want to make to the inspector during the public inquiry. Do not hold anything back because you cannot bring up issues at the inquiry that you did not raise in your proof.

If your proof is over 1,500 words in length you also need to prepare a summary. As a guide, this summary should be no more than 1,500 words or 10 per cent of the length of the full proof, whichever is more.

The proof has to be handed in at least three weeks before the inquiry starts.
Your proof should be:

• Clearly set out and written. All pages, sections and paragraphs should be numbered so the Inspector will find it easy to find his or her way around it. Type your proof, where possible
• Accurate and honest. Do not exaggerate or throw in unsubstantiated claims; they may very well be exposed and your case substantially weakened
• Supported by evidence. Source and reference everything
• Comprehensive, but succinct. Include all the points you want to make, but don’t go into enormous detail

It may help to structure your evidence as follows:

1. Establish your qualifications for giving evidence. Describe your involvement in local organisations and give details of any organisation that you are representing
2. Describe the site and surrounding area. Although others may do this, it is important to put your case in context, in your own way. Highlight particular spots you believe should not be harmed the road scheme
3. Describe the proposed scheme. Point out elements of particular concern
4. Draw attention to policies in local and regional plans, national planning guidance and other official documents that strengthen your case. Only quote from them sparingly, but explain their relevance to your case
5. Use any information about the history of the site that illustrates why the road would be inappropriate
6. Outline why you want the inspector to turn down the road. You need to show the harm the proposal would cause. Use graphs, diagrams and statistics to simplify your case
7. Summarise your case
8. Provide references
9. Supply any documents you have referred to in your evidence

Many people submitted proofs of evidence for the public inquiry into the proposed Heysham M6 link:

• View_of_Torrisholme_Resident (29K pdf)
• View_of_Slyne_Resident (26K pdf)
• View_of_Halton_Resident.pdf (40K pdf)