Examination of Witnesses (Questions 13200
- 13219)
13200. And if the local authority do not act,
as the residents are concerned about, where do they go then?
(Mr Berryman) They do not.
13201. So they are wholly reliant on the local
authority?
(Mr Berryman) They are reliant on the local authority, yes.
13202. MR GOODMAN: Thank you.
13203. BARONESS FOOKES: Surely, there
would also be recourse always to the local Member of Parliament?
(Mr Berryman) Of course, my Lady.
13204. That would be another route.
(Mr Berryman) That would be another route, but what I think
the Petitioner is asking about is court action.
13205. BARONESS FOOKES: I see.
13206. MR GOODMAN: Again, the local Member of
Parliament also would not have any powers to compel any cessation.
(Mr Berryman) Perhaps I live in a slightly different world.
None of these people actually have power to compel, except the
local authority.
13207. CHAIRMAN: It is influence, it
is about.
(Mr Berryman) It is influence. Exactly, and that applies
equally well to the Complaints Commissioner, to the Member of
Parliament, to other bodies, except for the local authority, who
do have the executive power to cause action to be taken formally,
directly.
13208. MR GOODMAN: Thank you. Those are my questions.
13209. LORD BROOKE OF ALVERTHORPE: You
could also go to the police, can you not?
(Mr Berryman) You could. That would depend on the section
61.
13210. As we are frequently woken up at four
o'clock in the morning with air bombs going off. There is law
and everything to prevent it.
(Mr Berryman) With what going off, my Lord?
13211. Air bombs.
(Mr Berryman) Really?
13212. Very big fireworks, yes.
(Mr Berryman) Good Lord!
13213. If you live in a place like Brighton
...
(Mr Berryman) In Brighton? Of course. A most agreeable place
to live, I am sure.
Re-examined by MS LIEVEN
13214. MS LIEVEN: Heave, Mr Berryman—is
heave what Professor Mair described as, I think, "hogging"?
(Mr Berryman) Not exactly, but it has the same effect as
hogging, yes.
13215. We just put up a section from D12, the
settlement policy, paragraph 6.[14]
Just read the opening words of 6.1: "The Promoter will require
the nominated undertaker to reimburse property owners for the
reasonable costs they incur in remedying material physical damage
arising from ground settlement caused by the authorised works"
and then there are various caveats. So far as "material physical
damage arising from ground settlement" is concerned, would
that include what Mr Goodman calls heave?
(Mr Berryman) It would, yes..
13216. We may all be flagging a little on the
last day, Mr Berryman. Your complete mystification about the Post
Office land: is it correct that under the Wigmore Street alignment
there would have needed to be extensive work and permanent infrastructure
at Newman Street, which I believe is a Post Office sorting office?
(Mr Berryman) It certainly is, but I do not recall mentioning
that in evidence.
13217. I think you did this morning actually,
yes. Is it right to say that when we proposed a temporary work
site on some Post Office land at Newman Street, the Post Office
were a little unhappy about the suggestion?
(Mr Berryman) That is a fairly mild under-statement, yes.
13218. Would the Post Office have been enthusiastic
about permanent infrastructure on their land at Newman Street?
(Mr Berryman) No.
13219. Compensation: just a final area I want
to touch on, Mr Berryman. Compensation and the Complaints Commissioner.
Can we just put up C4.[15]
If there is a major property claim, that would go through the
normal compensation procedure and end up in the Lands Tribunal.
Is that right?
(Mr Berryman) That is correct, yes. That is
what I was getting at before.
14 Crossrail Information Paper D12-Ground Settlement
(LINEWD-IPD12-007) Back
15
Crossrail Information Paper C4-Small Claims Scheme (LINEWD-IPC4-002) Back
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