Wednesday, 29 February 2012

Week 7, Day 3.

Another change of scene. Today, the scene shifted to the Keavil House Hotel.

Dr Gilchrist, Babcock's witness for ecology and designated sites, was in the hot seat all day. (His reappearance followed the cessation of his cross-examination last week in order for discrepancies in the bird survey figures to be resolved.) He was led in evidence to explain why the figures had gone awry, and then cross-examined at length by SNH. Beryl then did a brief but well-targeted cross examination on behalf of JAG. The Reporters followed with their own questions, and the Babcock QC finished off the day with 're-examination'.

Tomorrow will see the appearance of the final witness of the Inquiry. This is the ecology witness for SNH.

Week 7, Day 2.

Today, Forth Ports hosted an excellent site visit to the container terminal at Grangemouth. Four members of JAG, three Reporters, and three from Babcock were given a very informative tour of the facility.

There were two ships at the quayside, and dozens of lorries marshalled waiting to take on or off-load containers. It was explained that there are several daily peaks in HGV activity, because most hauliers like to fit in two round trips to the Glasgow area each day.

We were shown all that goes on in the TayForth Navigation Service building, in terms of monitoring shipping movements, managing pilots and tugs, and always being highly prepared for an emergency. One room in the building is kept empty and ready for all the parties that would need to be involved in the event of an emergency - such as a collision or a pollution incident.

We were then kitted out in hard hats and high viz jackets so that we could examine entrance lock and hear about the regular dredging that is required, as well as being told about the maintenance of channel markers and buoys.

Tuesday, 28 February 2012

Week 7, Day 1

Today was something completely different from the routine of the past six weeks.

At 10am, there was a site visit to the beach at Brucehaven by six joint action group members, three reporters, three representatives from Babcock, two from SNH, one from Forth Ports, one local councillor and one dog. The intertidal shore was examined in intimate detail to determine the extent of Zostera beds, the numbers of 'loafing' birds, the extent to which bands of rock might hold back sediment, and how far you could walk down the beach before getting stuck in the mud. On the way back, close attention was given to the integrity of the sea wall and the gabions.

The afternoon saw the marine site visit organised by Forth Ports. This was to visit the point in the middle of the Forth, to which Babcock hope to extend their jurisdiction through the Harbour Revision Order. Ten intrepid souls from the various categories mentioned above had a short, but very choppy boat ride out into the river.

Tomorrow there will be a site visit to Grangemouth so that the reporters can see the working container terminal there. On Wednesday morning the Inquiry reconvenes, this time at the Keavil House Hotel in Crossford.

Thursday, 23 February 2012

Week 6, Day 4

Great turn-out of support today for Joint Action Group day of evidence. (Just happened that it was a day when half the public gallery chairs had disappeared!)

SNH were absent because it was the only day when they could arrange a high level meeting with various bosses to discuss their strategy for the remainder of the Inquiry.

Jim Simpson was first to give evidence. In this part of the Inquiry his evidence concerned dredging and issues concerning how dredged material would be disposed of.

Tom Leatherland was next. His evidence was to do with movements of sediments under the influence of wind and tide and the likelihood of the proposed new dredged channel leading to lowering of the beach at Brucehaven.

There was still time before lunch, so Beryl Leatherland read out her summary precognition before the break. This meant that Beryl was led in evidence and was cross examined for the remainder of the afternoon. She gave a great deal of evidence concerning the European Habitats directive and shared her knowledge of the need for ecological integrity of habitats.
Next week will be rather different. On Monday there will be a visit to the beach at Brucehaven, so that the Reporters can see for themselves all the features that have been discussed during the Inquiry. In the afternoon, there will be a 'marine' site visit. This will involve a boat trip organised by Forth Ports, so that the reporters can understand the location of the proposed new channel, and the possible wind and waves that might be encountered.

On Tuesday, there will be a visit to Grangemouth Container Terminal so that the Reporters can understand what goes on there.

On Wednesday, the Inquiry will resume for one or two more days. This is for he SNH to give evidence following the situation last week when a lot of the numbers recording the distribution of birds were found to be inaccurate. The errors have now been sorted.

Please note that the venue will change. It will be at Keavil House Hotel in Crossford.

Week 6, Day 3

Today the witness for Forth Ports was Dr Jim Hansom from Glasgow University who knows a lot about coastal geomorphology - the effects of waves wind and tides in shaping the coastline. He was led in evidence up to coffee time, and then cross-examined by the QC for Babcock. Unlike on previous occasions, she seemed to run out of steam and stop after only about an hour of cross-examination.

There then followed quite a bit of housekeeping to make arrangements for next week's site visits and the day of evidence which will hear from Peter Gilchrist for Babcock and Des Thompson for SNH, who will each provide evidence from their organisation's perspective on the likely impact on the Special Protection Area which is adjacent to the site of the proposal.

We were allowed home at 1.30pm. Quite a change from yesterday when it had been 6.45pm!

Tuesday, 21 February 2012

Week 6, Day 2

Another marathon day!
The main witness today was Alan Barr for Forth Ports.  He was in an unusual position of, for the first time, appearing at a Public Inquiry on behalf of an objector, rather than an Applicant, whose case he would normally be advocating.  He did seem to know what he was talking about.  He was led in evidence by Heriot Currie until a late coffee break.  He was then cross-examined at length by QC for Babcock. He had hoped to leave at 4pm to catch a flight back to Belfast, but that didn't happen.  He was finished with at about 5.30pm.

Then it was decided to slot in Dr Riddell to rebut Dr Rennie's 'new' evidence from yesterday.  Various large diagrams were handed out as well as a brand new document referring to an outfall from the contractor's Jetty.  After Dr Riddell had given his evidence, Ms Cockburn for SNH asked for a 15 minute recess to discuss it with Dr Rennie before she cross examined Dr Riddell.  This she then did, and was followed by Tom Leatherland, posing some questions on behalf of the Joint Action Group.  The Reporters helpfully had no questions, and the session eventually ended at 6.45pm!

Week 6, Day 1

Day 18 of the Inquiry.

The SNH witness for Coastal Morphology (basically the effects of dredging) took the stand today. The Babcock QC questioning his evidence and cross examination took all day.

There was a minor interruption to proceedings when the SNH witness was said to have produced a new document with new evidence.  This resulted in the assertion that the Babcock witness should be recalled to respond to this.

Thus the dredging evidence will be prolonged into tomorrow.

Saturday, 18 February 2012

End of Week 5

It's been another busy week at the Public Local Inquiry.

Again, there has been great support from residents, and as throughout the Inquiry, we are extremely grateful.

The Reporters have just release the proposed timetable for the remainder of the Inquiry. The plans for next week have all changed. The Inquiry will sit from Monday to Thursday. In additions dates have been set for various site visits the following week.  The Inquiry evidence now extends into March, and dates have been set for the hearing in April.

The daily updates are available on the community website's What's On? calendar.

Thursday, 16 February 2012

Week 5, Day 4

At last, something to blog about!

This was to be the day for the final witness for Babcock to give his evidence and be cross-examined. This witness was Dr Gilchrist, whose area of expertise was deemed to be birds and all the stuff to do with the Habitats Directive.

Some time was spent trying to deal with buzzing loud speakers, without much success. A solution was eventually achieved when Malcolm arrived in the afternoon, and advised that they try switching the system off and switch it back on again!

All started off as normal, with the QC for Babcock leading the witness's evidence. However, this quickly developed into another vehicle to attack SNH for changing their mind and becoming an objector (an event which had happened in early November). After about an hour and a half, everyone decided that there was an awful smell of paraffin in the room, so the hall was evacuated and a coffee break taken. It was discovered that there were men working on the roof, using some paraffin-based bitumen near one of the air intakes! This was sorted fairly quickly and the interlude barely interrupted the flow of Babcock's QC who continued with leading evidence until quarter past twelve!

At last , it was time for cross-examination. SNH began the process. There were various questions about the witness's understanding of the legal issues around the Habitats Directive, and then about the quality assurance procedures that were in place to ensure data provided was accurate. There then followed a detailed analysis of the arithmetical derivation of various numbers in the tables recording bird distribution. Error after error was exposed. Babcock's QC intervened and said this should have been sorted out sooner. SNH pointed out that they had asked for the raw data, so that they could understand where the errors had arisen. Babcock had not let them have it because it might be commercially sensitive!

It was decided that SNH's cross-examination should stop, and the Reporters would discuss the situation over lunch. After lunch, it was decided that the SNH cross examination should cease until the issue of the figures was sorted. There would be a meeting on Monday to sort this out, and the whole business of this cross-examination would be held over until March 1st! So, all of a sudden, it was JAG's turn to cross examine the Babcock witness. Beryl approached the task with enthusiasm and did a brilliant job. We are all very proud of her.

On Monday, it will be the turn of Forth Ports witnesses to take the stand.

Wednesday, 15 February 2012

Week 5, Day 3

Mike Shiel, one of the Reporters, opened proceedings by saying “I think this is Day 16.  Not that I'm scratching off the days on my cell wall or anything!”

Then began the cross examination of Dr Riddell, the Babcock witness for dredging.  By the time his re-examination by Babcock's QC was over at 5pm, he had been in the hot seat all day. SNH cross examined for most of the morning, Forth Ports followed and Tom Leatherland slotted in for JAG at the end.  It was hard going because Dr Riddell has very fixed views about how and why things happen.

Tomorrow, it will be Babcock's witness Dr Gilchrist.  He is the only witness for Babcock who is allowed to be asked questions relating to the designated sites.

Tuesday, 14 February 2012

Week five, day 2

Because Dr Riddell, whose dredging evidence was led yesterday, was not able to be here for the whole day today, he will return for his cross-examination tomorrow.

The new programme, which was only fixed at 6pm last night, started with Ted Keegan. This was a rather unusual session as Mr Keegan had not written a precognition, and consisted of his giving an account of correspondence between him and SNH in the years leading up to the Inquiry.

After coffee, it was the turn of Mr Bromley, the Babcock witness for Marine Ecology. He was subject to cross-examination by SNH, Forth Ports and JAG. This lasted most of the afternoon before some 'housekeeping' arrangements were made, before Lyndsey Nicholl the chief Reporter suggested we would all be heading off for our Valentine's Day dates!

Week five of the Public Local Inquiry

Week Five begins.

No late start today. Things kicked off at 9.30 instead of the usual 10am for a Monday. This was in order for the second Babcock witness, Dr Riddell, to be finished by 11am on Tuesday.

There followed one and a half hours of 'discussion' about the validity of a batch of late documents that Babcock wanted to submit and some additional material from SNH.

At 11am Babcock's first witness took the stand. He was Dr Brampton of HR Wallingford, who was Babcock's last minute witness on wave modelling. The Inquiry broke for lunch when Dr Brampton was half way through his evidence. (This meant he had to be in 'purdah' - not talking to anyone - until the Inquiry reconvened after lunch). After the afternoon break it was the turn of Dr Riddell. He is the Babcock witness on sediments and dredging. The QC for Babcock embarked on leading his evidence - a procedure that normally lasts around twenty minutes. On this occasion she took two hours. By the time it was finished it was 5.30pm and clearly cross-examination of Dr Riddell couldn't be done today. As he is not available tomorrow, his cross-examination will be continued on Wednesday.

On Tuesday the first witness will be Ted Keegan, who, we believe, will talk about the Environmental Impact Assessment. He will be followed by Robert Bromley who is the Babcock witness for marine ecology.

Friday, 10 February 2012

Week four - just one day

The Inquiry has only been in session for one day this week.  This was on Monday 6th February.

The first witness of the day was Joe Bebbington who is the Joint Action Group witness for Noise.  The case was argued in a lot of detail - much of it hinging on the matter of how the 'noise' of the dawn chorus should be treated.
Charlie Stoddart then gave the Inquiry the benefit of his experience over 30 years of working in the logistics industry in Scotland.  He argues that Scotland does not have a big enough population to require any more container terminal capacity.
After lunch Malcolm Hamilton took the stand as the JAG witness for Carbon Assessment, and then Tom Leatherland gave evidence on contaminated land.
The excellent turnout of residents was much appreciated.
The second stage of the Inquiry begins on Monday 13th, (from 9.30am).  This part of the Inquiry will consider the impact of the proposed dredging on beach sediments and on the integrity of the wildlife SPA sites that have European designation.

Friday, 3 February 2012

End of week 3

Apologies for the gap in the blog; we've been busy preparing for our own witness sessions which began yesterday.

On Tuesday the evidence on contaminated land from Babcock's witness was completed, and then their Planning witness took up most of the afternoon.

On Wednesday, the first two witnesses for Forth Ports gave evidence - on shipping movements and on Planning. That left their 'Socio-Economic' (jobs) witness to appear this morning.

Then it was the turn of Joint Action Group witnesses. Jim Simpson went first with his evidence on Shipping Movements. Suze Anderson gave her evidence on Traffic and Transport after lunch. At the end of the afternoon, Sue Hamilton gave her evidence on the consultation process and on Visual Impact. All three were deemed to have stood up well to cross-examination by Babcock's QC.

There was a great turnout from the villages, particularly when we gave our evidence on Thursday. As throughout the first three weeks, this was greatly appreciated.

In recent days the timetable of next week has changed. The Inquiry will sit for just one day next week, on Monday 06 February. It will then break for the rest of the week. This break is to allow time to review and respond to material from a new witness. On Monday 13 February, the Inquiry will resume to start the second half which will concentrate on dredging and ecological issues. This is expected to last at least two weeks. We’ll let you know more when the details are available.