Select Committee on the Crossrail Bill Minutes of Evidence

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.

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