Examination of Witnesses (Questions 80-99)
Wednesday 12 May 2004
MR PAUL THOMPSON of BIRCHAM DYSON BELL appeared as
Agent.
80. SIR JOHN BUTTERFILL: But the majority
of them would be?
81. MR TURNER: It is likely that the
majority would.
82. SIR JOHN BUTTERFILL: It is likely
that the leasehold interests would be registered, for example.
83. MR TURNER: If they have been granted
since compulsory registration.
84. SIR JOHN BUTTERFILL: It would not
have been a huge task for you to identify as best you could the
freeholders and to write to all of them.
85. MR TURNER: The only thing, I suppose,
we did not do was to do the Land Registry search, which you are
correct about. I am not sure what the cost would have been -
it probably would have been a few hundred pounds.
86. SIR JOHN BUTTERFILL: Yes. In the
on-going consultation process, if we pass this Bill, how will
you conduct that? Will you then be going to them? What do you
do if one of them says: "This is going to cause a huge reduction
in the value of my property"?
87. MR TURNER: That is something that
we would need to take into account when making the decision, but
I suppose the Council would be able to grant street trading consents
in some of these places, in any event. As for the proposed method
of consultation, that has not been settled. The Bill provides
a limited amount of statutory consultation, but I do not see any
reason why we could ----
88. MR THOMPSON: We provide in the Bill
for advertisement of the prospective designation of particular
streets. In that respect I think the degree of notification,
as indeed the degree of consultation in the development of these
proposals that you have heard about, accorded with the standard
practice for local consultation and with statutory procedures
in relation to highways. You will know, I think, Sir John, that
under the various highway procedures, such as putting kiosks in
the street, or whatever - closing streets - they do not involve
or require - maybe they should but they do not - the creation
of a Land Registry database, or whatever. The standard practice
is to speak to those on the ground, to advertise, to mail-shot,
and I think that is what the Council did in this instance. I
believe, and perhaps I can ask Mr Turner just to confirm this,
that the response was good. Sometimes there are consultations,
you know you have done it but you do not hear from anybody and
you do wonder whether the envelopes went somewhere, or whatever.
However, in this instance what was the degree of response and,
indeed, the amount of notice in the centre of Ipswich about this?
I think it is known in the community, is it not?
89. MR TURNER: It is widely known in
the community. Certainly it would be impossible to live in Ipswich
and not know about it. There were notices up on the streets throughout
the area, press advertisements and the Council's newspaper which
goes to every house in the borough and is actually read - unlike
some local authority newspapers. That did have a coupon for people
to express a view on where they thought the market should be,
giving a number of options, and remaining on the Cornhill was
overwhelmingly supported. I think we had over 100 of those back
and then there were probably - I do not have them all in front
of me but I would estimate - around 50 other responses, the overwhelming
majority being in favour.
90. SIR JOHN BUTTERFILL: There are provisions
for compensation to be paid, under certain circumstances, in the
Bill. Is that correct?
91. MR THOMPSON: I do not think we have
provided for compensation.
92. SIR JOHN BUTTERFILL: There are no
circumstances under which this Bill would empower you to pay compensation
for anybody who was injuriously affected?
93. MR TURNER: We would have a general
power under Section 2 of the Local Government Act 2000 to pay
compensation - the power of well-being. That would be broad enough
for us to pay compensation if we wished to.
94. SIR JOHN BUTTERFILL: It would?
95. MR TURNER: That is my view.
96. CHAIRMAN: We have heard of the support
of the market traders and the Council, as a body. I just wonder,
across the political spectrum, as a local authority, what kind
of support do you have?
97. MR TURNER: When the first section
- is it 239?
98. MR THOMPSON: May I just introduce
Mr Turner's comments? We have to pass Special Resolutions to
promote a Private Bill; one before it goes in and then a confirmatory
one afterwards. So there are two resolutions under Section 239
of the Local Government Act. You were about to say?
99. MR TURNER: On the first one, before
the Bill was deposited at Parliament, one councillor voted against
and 47 voted in favour. On the second one, everybody voted in
favour - it was unanimously supported - and there were the three
main political parties represented on the Council.
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