Examination of Witnesses (Questions 10460
- 10470)
10460. MR GEORGE: They were inputs to
the model.
10461. CHAIRMAN: They were inputs and
they decided that they were not going to formulate their decision
on the basis of the inputs, therefore they did not have to come
to any conclusion about them. They were going to produce an output
decision, which is what they did.
10462. MR GEORGE: Absolutely.
10463. MR ELVIN: My Lord, will Mr George
also forgive me for correcting one other point. In dealing with
the planning issues, I thought I had made it clear to the Committee,
I was only seeking to rebut the suggestion that the planning system
was a good analogy. I am not asking your Lordships to find that
you are bound as if you were the planning authority. Your Lordships
have your own jurisdiction and you will make your own minds up
as to what you should do.
10464. CHAIRMAN: The situation is perfectly
simple. In supposing that it is a matter where the Environment
Agency is involved because there is some pollution issue, the
local planning authority could not refuse the application on a
pollution point unless they were advised by the Environment Agency
so to do. They cannot do it of their own account, at least if
they do they will get into trouble. It is no more than that.
10465. MR ELVIN: Indeed. Mr George says
it is my submission. It is actually Government advice that such
duplicative conditions are ultra vires. The passage from Government
policy we quoted at paragraph eight of our written note says duplicative
conditions are not simply bad policy, they are bad in law, but
your Lordships are not a planning authority and your Lordships
will take your own view. The planning analogy is not mine, I merely
said that the planning analogy that was put forward was not a
good analogy for the reasons I indicated. I hope I am not considered
to have advanced that as a reason but merely sought to rebut it.
10466. CHAIRMAN: Have we got anything
else on the programme today?
10467. MR ELVIN: My Lord, that concludes
the programme today. I have been told that so far as tomorrow
is concerned, you have the Smithfield Market Traders Association.
I think Mr Mould is presenting for the Promoter tomorrow.
10468. CHAIRMAN: There have been negotiations
I think.
10469. MR ELVIN: I gather there is only
one outstanding issue for your Lordship' consideration, which
relates to compensation matters. I am told, and I hesitate to
say this, this is not my estimate, but it is very much expected
that the Committee proceedings can be concluded by lunchtime.
10470. CHAIRMAN: Anyway, we will be sitting
to hear it whatever length of time it takes. We will adjourn until
10am.
| 
