Examination of Witnesses (Questions 4760
4760. CHAIRMAN: Is Route B a main alternative
in itself? It is.
4761. MR HORTON: My Lord, in my submission,
yes. In considering schemes of this kind it is manifest that they
have to be looked at section by section, although it is a single
scheme, and the effects section by section have to be considered.
If, for example with Crossrail, the route were as now approved
in the second reading with its limits of deviation and you took
that same route and the only alteration you made to it would be
Route B on the Spitalfields section, in my respectful submission
that would fall within the meaning of "main alternative".
4762. CHAIRMAN: That is very clear and
that is exactly what we wanted to know. That would apply to any
part of the route.
4763. MR HORTON: I have to accept that.
4764. CHAIRMAN: Would the same point
4765. MR HORTON: Yes. I gave the motorway
analogy yesterday. In practice, with large projects of this kind,
as Mr Schabas has confirmed in his experience, that is the approach
taken in other countries. We do not necessarily pay any attention
to what other countries do, but we are better at listening perhaps
and examining that than we used to be. My Lord, I urge upon the
Committee that this is the right approach.
4766. CHAIRMAN: I understand that as
an engineer he would do that.
4767. MR HORTON: Exactly.
4768. CHAIRMAN: Whether as a lawyer one
ought to do it is another matter.
4769. MR HORTON: Yes. You have my submission.
4770. As you know from yesterdayand I
have reiterated it this morning so I can state it very shortlyit
being accepted that it was not considered as a main alternative,
curiouslyand I will be corrected if I am wrongI
do not understand the Promoters to be saying that as a matter
of law if they had chosen to identify Route B for closer examination
and refer to it in the ES that it would not have been within the
meaning of "main alternative" in the Directive.
4771. CHAIRMAN: Or part of the main alternative.
4772. MR HORTON: Indeed. Yes. Faced with
the fact, however, that in their discretionwhich is relied
upon by my learned friend and he says is supported by the authorities
in the domestic courts in this countrythe Promoters did
not consider it worthy of such consideration, I have to submit,
as I already have done, that it is not a matter for the subjective
judgment, unreviewable, of the Promoters.
4773. CHAIRMAN: We have got this point.
It is for us.
4774. MR HORTON: Thank you, my Lord.
You have heard Mr Schabas, which I hope is of some assistance
in considering that.
4775. I am not sure there is anything more I
need say to your Lordships, unless you think I can help further.
4776. CHAIRMAN: I strongly suspect you
are right, Mr Horton.
4777. MR HORTON: Then I will sit down.
4778. CHAIRMAN: Thank you very much.
4779. Now what are we going to do.