Examination of Witnesses (Questions 3740
- 3759)
3740. So are the loading bays in West Poultry
Avenue, the ones where there is a weight restriction issue, not
used at all now, or can they be used by lighter vehicles?
(Mr Abrahams) As far as I am aware, the area
in West Poultry Avenue is not used at all. Certainly half of it
is not used at all. It is shown as being used on this particular
document.
3741. We can see that, on the screen, it has
a blue arrow. That is the avenue we are talking about being closed.
(Mr Abrahams) Yes.
3742. Mr Elvin: Thank you.
Re-examined by Mr Dingemans
3743. Mr Dingemans: Can I just ask one
further question? Can we have P49 page 23, if that is all right?[14]
This is a photograph, we are told by the Promoter, of Lindsey
Street taken at seven in the morning. Does that show, in fact,
loading bays on the left-hand side extending right down towards
the zebra crossing?
(Mr Abrahams) It does, sir, yes.
3744. If we go back to page 49, I am not sure
that we see those on page 49.[15]
I am not sure very much turns on it.
(Mr Abrahams) It is the red rectangle.
3745. Mr Dingemans: The blue appears
to stop halfway down.
3746. Mr Elvin: There is a van parking
on a zig-zag "no parking" area!
3747. Sir Peter Soulsby: The numbers
are blocked out. Thank you very much, Mr Abrahams.
The witness withdrew
3748. Mr Dingemans: That, effectively,
is the last witness evidence. We hoped to have two further witnesses:
Mr Fisher, whose statement is at pages 115-117, is unfortunately
not well, and Mr Andrade, if we do go into Wednesday morning,
will be available then. I suspect his evidence duplicates that
which you have heard rather than taking it any further. That really
will be the lay witness evidence.
3749. Before we go into the expert evidence,
and after those members of the Association who want to go back
to bed now go back to bed, may I deal with the less interesting
aspects of the concerns in relation to compensation, having regard
to the particular position of the Association members.
3750. Sir Peter Soulsby: That would be
very helpful. In case your witnesses do feel the need to go back
to bed this morning, and before they do, could I thank them very
much for so very clearly putting to us their very understandable
concerns.
3751. Mr Dingemans: Thank you very much.
3752. It is at the bottom of page 2 of what
I have called the "Note of Submissions". I have set
it out at some length in the hope that it remains comprehensible
and the dullness factor is reduced, because, unhappily, I will
have to deal with a little bit of the law.
3753. Could I pick up, at the bottom of page
3 of that document, on operations of business in the market. As
a matter of historical note, if anyone is in the slightest bit
interested, the full history to Smithfield Market is set out in
a judgment given by Lord Hoffmann. It is available in the bundle
and it takes us all the way from 1350 to 1708 and then up to the
present day. Of more relevance to the Committee is what is said
in paragraph 9, which is the continuing current economic relevance
of Smithfield. The Committee is aware, I know, from questions
that were asked on 31 January, of the extensive refurbishment
which took place, and you have heard Greg Lawrence briefly in
relation to that. You have also heard, with reference to paragraph
10, of the difference between boxed meat and carcass meat and
inevitably the slight differences in sensitivity between the two
aspects of that.
3754. Could I summarise parts of the lease,
at the bottom of page 4, and tell you why this is relevant. At
the moment, the members of the Association have reasonably short-term
leases: ten years, which get renewed, because they have the right
to renewal under the 1954 Act. At paragraph 11.1 I have summarised
the provisions which you would expect to comply with statutory
requirements and bye-laws. I have set out where that appears in
the bundle—and, happily, I will not take you to that.
3755. At 11.2 there are, again as you would
expect, arrangements relating to the operation of plant and machinery,
the insulation and refrigeration machinery.
3756. At 11.3 there is provision for the landlord—and
this is important—as far as reasonably possible to perform
the services set out in paragraph 5C of the Schedule, and, if
you drop to paragraph 11.4, you can see that 5C includes the condenser
water, which is the critical part of the business for hygiene.
There are also provisions for the suspension of rent if the premises
become unfit for occupation at paragraph 11.5.
3757. Now the bit which I will try to keep as
interesting and as short as possible: the Compensation Code. As
you know, the Promoter in its response to the Association and
in correspondence has referred to the provisions of the "National
Compensation Code" and has asserted that these provisions
are sufficient to satisfy any reasonable requests of the SMTA
for compensation. For that reason it is necessary to consider
what the relevant statutory provisions are. The analysis in this
note (to ensure accuracy and so that references can be verified)
is based on the Law Commission Final Report which was presented
to Parliament in December 2003. As you know, when the Law Commission
present a report, they summarise all the relevant law, so that
even lawyers cannot argue about what the law is. The Executive
Summary, which I quote at page xiii, says there is at present
no "National Compensation Code". There is a collection
of Acts: the Land Compensation Act 1961, the Compulsory Purchase
Act 1965 and the Land Compensation Act 1973 are the most important,
and there is obviously a whole series of other amendments and
the Tribunals Act. Effectively, as you probably know, you can
get compensation under these schemes under two separate bases:
if there is a permanent or temporary taking or if there is no
taking.
3758. Effectively, looking at paragraph 13,
for the SMTA there is going to be no permanent or temporary taking.
Everything that is going to be taken belongs to the Corporation
of London. You have seen earlier, on plans, that part of the basement
which is going, and that is not demised to the Smithfield Tenants
Association, so the relevant scheme is that which relates to compensation
after no taking. The Law Commission have summarised what the law
is in relation to that at pages 129 to 139: "Compensation
where no land is acquired".
3759. I hope that paragraph 14 is a summary
of that. That is the Compensation Act and that gives a right to
compensation for "injurious affection" caused by the
"execution of the works". Do you mind if I show you
very briefly that part of the Law Commission's report? I hope
it was handed up to you.
14 Crossrail Ref: P49, Petitioner Response Document
to the Petition of Smithfield Market Tenants' Association., (LONDLB-28004-023). Back
15
Crossrail Ref: P49, Petitioner Response Document to the Petition
of Smithfield Market Tenants' Association., (LONDLB-28004-049). Back
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