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9.11 pm
The Minister for Transport in London (Mr. Steve Norris): I congratulate my hon. Friend the Member for Chingford (Mr. Duncan Smith) on bringing these matters to the attention of the House. It is one of the huge virtues of our parliamentary system that he is able to draw to the attention of the House his concerns on behalf of the residents of Hall lane. If he is in any doubt as to where the buck stops, I am sure that you, Mr. Deputy Speaker, will be prepared to remind him that it has stopped here and now at this Dispatch Box tonight. I shall endeavour to do what I can to answer his concerns and set his mind at rest. He will know that I have one advantage, in that he and I are neighbours in that part of London and I know Hall lane extremely well.
I am sorry to hear about the problems that the residents of Hall lane have been experiencing. Obviously, they have had to contend with a lot of activity in the vicinity while the improvements have been carried out. I very much regret that the inconvenience that has been caused by the roadworks is to some degree inevitable. I am grateful to him for acknowledging the fact that it is impossible to construct a scheme of that sort without some disruption.
The contractor is instructed, however, to ensure that the works are carried out without unreasonable noise, damage or disturbance, and we try to make every effort to ensure that that disruption is kept to a minimum. We try to eliminate some of the noise problems before construction begins, and all the properties in Hall lane that were eligible under the use criteria were insulated against noise.
I suspect that my hon. Friend will know that there are two bases on which we consider the adverse effect on properties. One is the adverse effect during construction and the other is the effect on properties once the road scheme is in use. We project forward noise levels some six years from the date of opening to allow for traffic growth. With those use criteria, we insulated those properties against noise, had secondary glazing installed or offered to make a grant towards double glazing.
Traffic noise calculations for properties in the vicinity of a road improvement scheme are all made on the same basis. Only properties that are predicted to receive noise above the minimum qualifying level receive an offer of secondary glazing. I know that some residents were very disappointed that they did not receive an offer of insulation for the rear facades of their properties, but I hope that my hon. Friend accepts that we are restricted in what we can do, because we have to comply with the Noise Insulation Regulations 1975, which apply to traffic noise.
On construction noise, we have to consider matters carefully, given the limited time scale between the nuisance and making offers to residents. It would need to be shown that such insulation would be of positive and long-term benefit and that it gave value for money. We offered noise insulation to 19 eligible properties in Hall lane, and 11 residents accepted our offer. About half of those were because of anticipated construction noise.
My hon. Friend pointed out that there has been some confusion about relevant contact points when problems and queries arise. I sympathise about that, but I hope that
he accepts that the brochure that we issued at the beginning of the works, explaining the improvements to the local residents, stated clearly the names and telephone numbers of the representatives on site. Whenever verbal complaints have been received from members of the public, they have been advised that the consultant's representative, the resident engineer, is the first point of contact and that the consultant's representative is there for any complaints that arise during the course of the works.
The resident engineer has clear instructions on the action to take once he is aware of a problem. If the complaint is about work being carried out on site, perhaps about the position of machinery or noise levels, and the contractor is working outside the conditions of his contract, he will take action and follow it up with the contractor. However, it is not always simple to put matters right when, for example, special equipment is not available, or lane closures are required for access to enable remedial work to be carried out. Traffic management, safety measures and so on, all have to be taken into consideration. The resident engineer operates specifically within the contract and statutory regulations framework.
If the complaint is a potential third-party claim for damages, the resident engineer has to decide who should deal with it. The contractor's insurers are usually the first port of call, but it may be necessary to involve the district valuer or a statutory undertaker who is not working on the scheme. Again, under the contract, the complaint may need to be referred directly to the Highways Agency. Complaints are passed on to the relevant person for follow-up action, and every member of the public concerned should receive a written reply advising them what has happened to their complaint or claim.
I know that the Highways Agency has recently been alerted to correspondence between Nuttalls, the contractors, and my hon. Friend. I am distressed to learn of the discourteous way in which my hon. Friend's correspondence appears to have been treated, although I note from a copy of a letter from the chief executive that he claims that my hon. Friend's earlier letter was not received. I am sure that he accepts that assurance. I know that the contractor is concerned that the residents of Hall lane believe that they have been badly treated by the contractor and he will, at the earliest opportunity, take the necessary steps to resolve those issues.
I shall ask the Highways Agency to ensure that the contractor's working methods comply fully with the terms of the contract because I am distressed to learn of the details that my hon. Friend has given, which suggest that standards have fallen below those that residents adjacent to such schemes are entitled to expect. I understand that certain residents were especially inconvenienced by maintenance works carried out by Thames Water. Although they were carried out concurrently with the contract, they were not connected with the scheme or with the Highways Agency work.
We try to ensure that all claims made by the public, especially those who live and work close to the improvement scheme, are dealt with promptly and that they are passed to the contractor and his insurers by the resident engineer.
I shall set out the framework, because it is important that my hon. Friend understands the framework in which contracts always operate. Under this contract, the
contractor is required to indemnify the Secretary of State against all third-party claims arising from the works, including valid claims for unavoidable damage or loss. On that basis, we cannot interfere directly with the contractor's responsibilities, but we do monitor progress on third-party claims and we ask our consultants to remind the contractor of his responsibilities for resolving and settling claims for damage and disruption.
For the record, there have been seven third-party claims from residents in the vicinity, of which two have been settled, four have not been followed up by the claimants and one is being assessed. In the context of a scheme of that type, that is not an especially large number of claims, but equally, there is no excuse for the intolerable behaviour described by my hon. Friend, and I shall ensure that the Highways Agency takes that point very seriously.
The contractor is responsible for the work methods of his work force and of subcontractors employed by him, and he must ensure that they conduct themselves responsibly, paying close attention to the safety interests of local people and the travelling public. We and the Highways Agency are not in the best position to do so, and I am sure that my hon. Friend appreciates that. If we did become involved, we would dilute the responsibility of the contractor for his staff, and I am keen that we should not enter such a situation.
I appreciate that some residents have been worried about the reduction in value of their properties, because my hon. Friend mentioned that issue to me when he was fortunate enough to secure the debate. In certain circumstances, they may claim compensation under the provisions of part I of the Land Compensation Act 1973. To qualify for that compensation, the reduction in value must be directly attributable to the use of the new road and must be caused by factors such as noise, vibration or smoke.
A booklet is available from the agency, entitled "Your Home and Nuisance from Public Development", which explains the basis of compensation and eligibility. I am happy to let my hon. Friend have as many copies as he likes or to send them directly to anyone who he would like to receive them.
The district valuer, who is entirely independent of the Department, as my hon. Friend knows, is responsible for assessing, negotiating and recommending the amount of compensation payable. The claim period begins a year after the road is open to public traffic, and lasts for six years. Notices will be published in local newspapers nearer the time, advising people of their rights under the Act and explaining how to make a claim.
In essence, that is the protection that people are given by Parliament in terms of any substantial difference in the noise levels once the scheme, having been completed, is in operation. It is important to bear it in mind that that means, not that a specific, absolute level of noise is attained a year after the scheme is open, but more especially that there has been a significant difference in the noise level as the basis on which compensation is payable.
I hope to end, if my hon. Friend will allow me, on a slightly more optimistic note, because he and I know, and I am pleased to be able to report, that the improvements on the north circular at the Hall lane site are almost complete.
The south end of Hall lane has been identified for planting in our outline landscape proposals, and it is our intention to approach residents there shortly, with a view to carrying out some off-site screen planting in their gardens by agreement as soon as practicable. As my hon. Friend knows, Hall lane runs effectively at right angles to the north circular, and the planting in the front gardens of those properties will provide screening against the sight of the scheme and, one hopes, some amelioration, but that will be done in co-operation with the residents.
Major civil engineering works of the type that we have carried out on that site--the north circular road being one of the largest civil engineering works of its kind in the country, and certainly a very long-standing scheme in the area that my hon. Friend and I represent--inevitably cause some inconvenience and disruption. For that, I offer my
condolences to people locally. I am grateful to my hon. Friend for being so generous as to accept that, in such circumstances, sadly, there will be an element of disruption. It was the type of summer that probably aggravated the dust and the general effect of such a scheme.
We shall try to minimise problems on the site. I assure my hon. Friend that, if he has any further concerns, he has only to raise the subject with me and I shall personally deal with the matter and with Mr. Haynes at the Highways Agency, who, in my experience, has always been extraordinarily co-operative and helpful.
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