Examination of Witnesses (Questions 11460
- 11479)
11460. May I make it very clear that we are
quite content that the channel of communication should be through
Westminster, except if it comes to the Schedule 7 procedure under
the Bill, namely there is a person to whom application drawings
should be sent directly. Thank you. Just one other point which
is we are also very pleased to hear just now about the undertaking
that Departures Road should be, as a whole, managed as a single
worksite. You implied that that means that the way that Departures
Road is laid out at the end of construction is a matter where
you and Westminster can take the decisions. Could I just ask you:
how does Network Rail come into this, because it is a private
road.?
(Mr Berryman) It is a private road, and,
as I think I pointed out, it belongs to Network Rail, and so obviously
they would be involved in that decision-making process as well.
The actual mechanism for managing reinstatement of these kinds
of areas is covered in an information paper—I cannot remember
the number offhand, I am afraid. Both the owner of the land and
the local authority are required to agree with the proposals brought
forward.
11461. Both the owner of the land and the local
authority?
(Mr Berryman) Yes.
11462. So it is subject to Network Rail's agreement,
what can be done.
(Mr Berryman) It will be subject to Network
Rail's agreement, yes.
11463. For instance, if there was a proposal
(just to take an example) that the existing motorcycle parking
bay on Eastbourne Terrace, which is obviously much-used by people
who are travelling to and from the station—there was not
room for it in Eastbourne Terrace but there would be room for
it in Departures Road, that would be subject to the agreement
of Network Rail, I suppose?
(Mr Berryman) That would be subject to
the agreement of the Council and Network Rail. Of course, those
bodies are used to working together to solve this kind of issue.
11464. I have to leave it at that because it
remains the case, does it not, that the formal ownership of the
land at Departures Road will revert to Network Rail once construction
of Crossrail is complete.
(Mr Berryman) That is right.
11465. MR WALTON: Thank you very much.
That is all, at the moment.
11466. CHAIRMAN: Mr Walton, the paper
you have produced—Outstanding Issues: Synoptic Table—you
are sure there is nothing else in there you want to explore?
11467. MR WALTON: With the witness? I
am a little bit confused because Ms Lieven said she was going
to call somebody else.
11468. MS LIEVEN: I am going to call
Mr Taylor as well, the noise witness, just to deal with groundborne
noise.
11469. CHAIRMAN: Noise, yes, certainly,
but nothing else?
11470. MR WALTON: Nothing else, no, my
Lord.
11471. BARONESS FOOKES: My Lord Chairman,
can I ask Mr Berryman: obviously one hopes that there will be
co-operation and general mutual consent in relation to the road
we have been talking about. If it came to the crunch, who has
got the final power?
11472. MS LIEVEN: Before Mr Berryman
answers that, can I have the information paper put up, my Lady,
because that explains it—D5.[22]
Then Mr Berryman might answer by reference to the information
paper.
(Mr Berryman) This is the policy that sets
out the way in which it is dealt with. I think 2.3 is the relevant
clause: "The nominated undertaker will be required to restore
the land in accordance with a scheme agreed with the relevant
planning authority ... to be agreed within six months of the completion
of the ... work(s), and if not to be determined by the appropriate
Ministers". It also says, up here: " ... the nominated
undertaker will restore the site in accordance with a scheme agreed
with the owners of the land and the relevant planning authority".
So it requires both of them to consent.
11473. BARONESS FOOKES: What happens
if they do not agree?
(Mr Berryman) My Lady, actually, usually
they do.
11474. That is the final resort.
(Mr Berryman) Yes. In this particular
location there is a very long-standing, good working relationship
between the parties.
11475. So, in practice, you think it will not
be a problem?
(Mr Berryman) In practice. At this particular
site, I do not think it will be a problem.
11476. BARONESS FOOKES: Thank you.
11477. MS LIEVEN: My Lady, I think, as
is clear from the end of 2.2 and 2.3, if there is no agreement
(and there is no reason to believe that there will not be agreement
but if there is not) then the matter is determined by the appropriate
Minister. So if there was a terminal falling-out between Network
Rail, Westminster City Council and us, then ultimately the Secretary
of State will determine.
11478. CHAIRMAN: Is there machinery for
that in the Bill?
11479. MS LIEVEN: Yes, my Lord. It is
in Schedule 5 of the Bill.
22 Crossrail Information Paper D5-Site Reinstatement
(LINEWD-IPD5-002) Back
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