Examination of Witnesses (Questions 5760
- 5779)
5760. MS JONES: Yes, thank you for that
and I hope that, when you have seen the Information Paper and
the results of the further discussions with Camden and in the
context of my presentation, you would make the recommendation
that I ask for.
5761. CHAIRMAN: And, I imagine, you might
get in touch with the Promoters. Now you want to talk about settlement?
5762. MS JONES: Yes, primarily the Settlement
Deed. I have got the settlement section typed out and it might
be helpful if that is put up because I am more or less going to
read it.
5763. CHAIRMAN: This is your paragraph
47, is it not, in your Petition?
5764. MS JONES: I think that is right,
my Lord, yes. You heard from Mr Wheeler last week, but I would
just like to set the scene here and then move on to why I think
the terms of the Settlement Deed are inadequate as they are proposed
at the moment.
5765. Looking first at the requirement for a
structural survey, Information Paper D12, which is in the bundle,
insofar as it is relevant to listed buildings, states that they
will be subject to a Phase 3 assessment. The Phase 3 assessment
grades properties into scores of 1, 2 or 3, depending upon various
criteria, which include vulnerable or sensitive architectural
or structural features. The grading is important for various reasons,
for example, in order to assess what protective measures might
be necessary and for any building-specific monitoring. If we look
at paragraph 3.1 of Information Paper D12, the requirements for
monitoring will be confirmed by the Settlement Report and buildings
in category risk 3 will be monitored during tunnel construction
and monitoring for category 2 will be covered by general background
monitoring.
5766. The building-specific monitoring actually
informs what the cut-off date is under the Settlement Deed for
making good of damage. It is unclear to me how you do a proper
assessment of those features if you have not carried out any internal
or structural survey. A grade of 3 needs a very detailed analysis
of possible movements within the building, which Mr Berryman confirmed
on Tuesday in response to Mr Wheeler. How do you know whether
a building is 1, 2 or 3 if you have not carried out any internal
or structural survey? In fact all you are actually doing is making
albeit an educated guess, but it is uninformed.
5767. As we have seen in the reports and Information
Paper D12 these give the impression that these surveys have been
carried out. Under paragraph 2.4.3 of the Information Paper it
says that a structural survey will be undertaken to determine
the structural form and condition of the building where reasonably
necessary for the assessment. In every case where a building is
subject to a Phase 3 assessment a desktop structural appraisal
by a qualified engineer will be carried out for the purpose of
confirming likely structural behaviour and determine whether such
a structural survey is necessary. In clause 2(3)(iii) of the Settlement
Deed reference is made to a "structural inspection"
for the purposes of the Phase 3 assessment.
5768. In summary, all the papers produced on
the Settlement Deed by the Promoter infer that in order to properly
grade the property, which is important for monitoring and making
good, that a structural survey has been carried out. We know that
no structural or internal survey has been carried out on these
properties. My submission is that the desktop study which informed
the reports by Mott MacDonald is deficient.
5769. CHAIRMAN: Ms Jones, we have been
over a lot of this before.
5770. MS JONES: Yes, I understand that,
my Lord. The point I am making is because this is important for
the Settlement Deed. The Settlement Deed is the contractual obligation
by the nominated undertaker to make good damage. I think it is
important (and it is only the end of that paragraph) to set that
scene, if I may.
5771. The desktop study which is the one you
will have looked at last week, produced by Mott MacDonald, is
deficient because it has not considered what structural changes
have been made to the buildings, which may impact on its structural
form and condition. Most if not all of the Spitalfields houses
have had substantial structural works done to them, and a structural
survey is definitely required, in my submission, in order to form
a proper assessment of how the properties will respond to the
predicted levels of settlement, and particularly differential
settlement. I think this was accepted by Mr Berryman last week
when he said he thought that some of them which had been significantly
altered would benefit from a structural survey. I believe that
Professor Mair was of the opinion that underpinning, for example,
might make the building less susceptible to damage; but of course
Professor Mair does not know what structural changes have been
made to the buildings, and neither does the Promoter. Without
a structural survey they cannot know how the buildings will respond
and do not therefore know what protective measures are required.
I know that a defects condition survey will be carried out shortly
before the works start, but I do not think that is sufficient
to determine protective works which by their nature may take some
time to agree; and neither is it really what the Promoter has
indicated is necessary to inform the current reports.
5772. If we could just go on to the geological
audit. I believe the Promoter has accepted that no boreholes have
been made along the precise lines of the tunnels in this area.
The boreholes are old ones from the old route. Again the level
of predicted settlement and therefore the necessity for protective
measures can only be accurately assessed if a proper geological
audit has been carried out on the tunnel route.
5773. I will not read the rest of it because
I know you have heard a lot about the internal inspections from
Mr Wheeler. If we go down to the paragraph just above the section
in bold, my view is that without a structural survey, geological
audit and internal inspection the Promoter cannot accurately grade
the building. It is the grade which determines if protective works
are necessary, and whether there is to be building-specific monitoring
which, in turn, as the Settlement Deed stands at the moment determines
when the period for making good damage ends; so the grading is
fairly crucial.
5774. The request for the undertaking here is
that a structural survey and proper internal inspection of each
property in the Spitalfields area within the limits of deviation
is carried out, and a proper geological audit of the land along
the line of the tunnels within 12 months to agree the likely level
of settlement and damage and what protective measures might be
necessary by a surveyor either appointed jointly with us, and
whose appointment we have agreed, or that the results are agreed
by our own surveyor and the costs are paid by the Promoter. I
think that would give everyone the comfort that these buildings
have been properly looked at, their specific structural changes
have been taken into account and, therefore, everyone knows whether
or not the protective measures are necessary.
5775. CHAIRMAN: Are you saying that has
got to be done now?
5776. MS JONES: I am saying it would
not be sensible to wait until, say, nine or 12 months before the
tunnelling starts because, by their nature, there may be a fair
amount of discussion about that and particularly about the nature
of any protective works. My view is that it should be done within
a reasonable timeframe from now, and I have suggested 12 months.
5777. CHAIRMAN: From now?
5778. MS JONES: From now.
5779. CHAIRMAN: Or from Royal Assent
of the Bill?
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