Examination of Witnesses (Questions 4300
- 4319)
4300. Mr Carstairs: Thank you very much.
4301. Chairman: Mr Mould?
Further re-examination by Mr Mould
4302. Mr Mould: I do not want to spoil
the party, and I am not looking to do so, but there are just two
points, Mr Thornley-Taylor, that we need to note. First of all,
if we just scroll down, please, on the IP to 2.9, the commitment
that we make and which you have really applied to the current
case is one that is expressed in terms of being in all reasonably
foreseeable circumstances?[23]
(Mr Thornley-Taylor) Yes.
4303. I only make that point because the phrase
used by the Petitioner just then was "100 per cent guarantee".
We are not in the business of giving 100 per cent guarantees in
relation to any matter. I think that is fair, is it not?
(Mr Thornley-Taylor) Yes, and I carefully did
not use 100 per cent in my comments.
4304. Can we scroll up again, please, forgive
me, the paragraph number has momentarily escaped me, but during
the construction phase we have addressed in this information paper
that brief period of time when the tunnel boring machine will
be passing under premises which lie over the tunnels; is that
right?
(Mr Thornley-Taylor) Yes.
4305. I think it is paragraph 2.4, just explain
the position in relation to that, so there is no suggestion of
any misleading going on in relation to the construction phase,
please?[24]
(Mr Thornley-Taylor) The tunnel
boring machine, as we heard the last time I was in the witness
chair, is likely to be audible during its passage which, for most
buildings, will take place over a period of the order of a week
or so.
4306. Yes.
(Mr Thornley-Taylor) There will be consultation
with all affected people so they know when it is coming, how long
it is likely to last and it will be gone. This is a transient
effect which is not subject to any of the operational criteria
that we have been discussing earlier.
4307. If the Hollywood producer can be persuaded
to stay away for that fortnight, all should be well?
(Mr Thornley-Taylor) Yes.
4308. Thank you very much. There are no further
questions unless the Committee has any.
4309. Chairman: Mr Stafford, do you want
to make a closing summary?
4310. Mr Stafford: I am afraid I do not
draw a lot of comfort from the last witness statement. It is difficult
for me to understand things like decibels and so on, but could
I recommend that the Petitioners meet with Crossrail engineers
to thrash this thing out without troubling the members today.
We all want to go off and have our lunch. Would that be a possible
suggestion?
4311. Chairman: Mr Thornely-Taylor, you
did indicate before that it would be helpful if you possibly could,
on the undertakings in the basement foundation, meet the Petitioners
at some point to talk to them.
(Mr Thornley-Taylor) Yes, indeed, sir. In order
to do what you ask which is to do a level two prediction for these
premises, I would need to see these premises anyway.
4312. Mr Stafford: Firstly, we need to
establish the measure and, secondly, we need to draw up some sort
of deed which will say that they will perform the task, we have
a recourse.
4313. Chairman: Mr Mould?
4314. Mr Mould: If necessary, just to
clarify the position, certainly Mr Thornely-Taylor has indicated,
and I have indicated, that we will meet to investigate the building
foundations and carry out the work that was mentioned earlier
in relation to that. Mr Thornely-Taylor has helpfully indicated
that there can be discussions about matters of concern at that
time, if that would be helpful to the Petitioners. What I must
make clear is that the suggestion that there should be some formal
deed dealing with matters that were raised at the conclusion of
Mr Stafford's presentation is not something that we consider to
be necessary or appropriate and so if that is a continuing matter
of dispute in the context of this Petition, then it is something
the Committee will have to consider and rule upon.
4315. Chairman: Mr Mould, can I assure
you that how members of the Committee will approach it is that
in negotiations between Crossrail and all Petitioners that the
doors never close in that respect during the course of the Select
Committee hearings. We would expect that to continue. I am not
suggesting that Mr Thornley-Taylor go away and strike a deal.
I have asked Mr Thornely-Taylor to make himself available to go
and examine these premises. He said he has done this in other
premises but not this particular one, and responded to the request
of Mr Stafford to meet and discuss these things there. Again whether
any settlement or a deal should be struck or not, that is really
between Crossrail and the Petitioners. All we are suggesting is
that it might be helpful if Mr Thornley-Taylor did both things
at some point which might help in those proceedings.
4316. Mr Mould: Forgive me, I was not
intending in any way to cut across your helpful suggestion.
4317. Chairman: Can I also assure you
that we do not really see any need for Mr Stafford or Mercury
Theatres to come back at any point to give us more evidence. If
any evidence is needed to that effect, Crossrail will decide to
notify the Committee.
4318. Mr Mould: It did seem to me, if
I may, just helpful to indicate through you—and I would
have said this in my closing, but it is perhaps unnecessary to
say more than that at this stage—that the arrangement for
a deed that was touched on by Mr Stafford is, I think, a misunderstanding
of the purpose for which the deed is being offered. It is being
offered by Crossrail in the context of the settlement issues that
arise; you recall it was something that was mentioned by the professor
when he gave his presentation. We do not have a similar arrangement
in relation to noise and vibration. The way in which we are seeking
to deal with noise and vibration is as has been explained by Mr
Thornley-Taylor in his evidence to you today. Subject to clarifying
that, I hope for the benefit of the Petitioners then I have nothing
more to say. We will seek to co-operate as far as we consider
to be appropriate and necessary in order to comply with the Committee's
views in relation to that.
4319. Chairman: That is very clear to
me.
23 Crossrail Information Paper D10, Groundborne Noise
& Vibration; p 3, para 2.9 (LINEWD-IPD10-003). Back
24
Crossrail Information Paper D10, Groundborne Noise & Vibration;
p 2, para 2.4 (LINEWD-IPD10-002). Back
| 
