Examination of Witnesses (Questions 19400
- 19412)
19400. Mr Binley: That would be very
helpful as I need to be away by 12.00.
19401. Chairman: Firstly, can I apologise
to you and thank you for being patient because you had to wait
around this morning and because of the weather we could not start
on time and, secondly, give you the good news that the coffee
shop is open down the corridor. Can we adjourn for 15 minutes.
After a short adjournment
19402. Chairman: Mr Elvin?
19403. Mr Elvin: I am pleased to say
that we have reached an agreement and an undertaking to resolve
this matter. What it concerns is this the current 100 Liverpool
Street, British Land's holding, although I think it is vested
in one of its subsidiaries at the moment.[1]
All Crossrail is concerned with is being able to construct the
new ticket hall here and protect its maintenance and operation
in the future. What we have agreed is an undertaking in these
terms. Crossrail will, in its acquisition of the freehold land
necessary for the Broadgate ticket hall in AP3 and its proper
protection, either grant a new lease on the same terms on which
British Land or its subsidiaries hold the land of Network Rail
at the moment with the addition of covenants which will protect
the efficient operation, safety and maintenance of Crossrail and
its infrastructure, and a covenant that any works by British Land
or its subsidiaries will not be structurally dependent in any
way on Crossrail's structures, or if such covenants can be agreed
by way of variation, Crossrail will simply vary the existing lease.
19404. If a new lease is to be granted, it will
be for a term of 999 years from the existing term of commencement
date, but if British Land does wish to redevelop in a way which
is structurally dependent on Crossrail's works and structure,
the lease will be only for a term of 125 years with a right to
extend such a lease at any time to a maximum of 999 years from
the current term commencement date if proposals are then brought
forward which are structurally independent of Crossrail works.
That is the undertaking. The basic purpose of that is if British
Land is going to redevelop the site in a way which does not impinge
structurally on the Crossrail station, then they will keep their
999 year lease with slightly varied arrangements to protect the
Crossrail structures. If they want to redevelop and they have
to ask us to use part of our structure to support the new building,
they get a shorter lease in case we have to redevelop the station
in 100 years' time, but if they then change their plans in a way
which is independent of the Crossrail structure, we are happy
for them to extend that back to the 999 years they have got at
the minute.
19405. We curtail their freedom to develop only
to the extent to which we need to in order to maintain the Crossrail
structures and the safety of the railway. I hope that is a sensible
solution to this quite complex site.
19406. Chairman: Well done.
19407. Mr Elvin: I should say that a
lot of people have worked behind the scenes and there are other
far more complex bits of agreement than this, but this represents
the essence of the position.
19408. Chairman: Congratulations on that.
Mr Laurence, have you got anything to say?
19409. Mr Laurence: We are content. I
was in the happy position of being exempted from participating
in the detailed discussions which were going on in the corridor,
so I can say perfectly independently, as it were, that listening
to Mr Elvin, it sounded all right, and I hope it will be all right,
but I just want to record the possibility that some sharp-eyed
land lawyer on our side will spot a problem. I hope there will
not be one because all the discussions have been held in a very
constructive spirit, not just on this issue but, I am instructed
to say to the Committee, on other issues as well on which we petitioned.
As a result of what has been resolved today, we very much hope
that we will not need to trouble the Committee on any aspect of
our Petition. Thank you very much for the time you have given
us.
19410. Chairman: We are very happy also.
19411. Mr Elvin: Thank you, sir. I wish
to thank you again for being patient while we sorted those matters
out.
19412. Chairman: Can I inform everybody
here that we will now not be sitting next week at all because
of difficulties and we will next meet at 10.00am on 20 February
in this room.
1 Crossrail Ref: P142, British Land Holding at 100
Liverpool Street (SCN-20070208-001). Back
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