Examination of Witnesses (Questions 2520
- 2539)
2520. MS LIEVEN: Yes. Mr Saunderson could,
as I understand it, have served a blight notice at any point on
10 Hayne Street after 1990 because although he could not serve
a blight notice on the other properties, because they would have
been above the value allowed for blight notices, because they
were owned by the company, and he owned 10 Hayne Street privately
he could have served a blight notice on 10 Hayne Street and then,
my Lord, triggered the process that your Lordship has just referred
to if there was a dispute.
2521. CHAIRMAN: Yes, and he has got a
certificate of alternative development .
2522. MS LIEVEN: Yes. There is no dispute,
there was a planning permission on 10 Hayne Street and there is
absolutely no dispute that absent Crossrail there would be a planning
permission on 10 Hayne Street. The only dispute which is now live
is what the scale of that planning permission would have been,
or would be.
2523. CHAIRMAN: If we are going to assess,
as we have been invited to do, all the various compensation items
that would be decided by the Lands Tribunal, we have also got
to make an assumption about the certificate of alternative development
, have we not?
2524. MS LIEVEN: Yes, you have, my Lord.
2525. CHAIRMAN: And how are we to do
that?
2526. MS LIEVEN: Well, your Lordships
would have to do that on evidence. We would have to each call
planning experts to give evidence as to what planning permission
would be likely to be granted by the City Corporation absent Crossrail.
2527. BARONESS FOOKES: I presume that
the Lands Tribunal would have to do the same?
2528. MS LIEVEN: Yes. The Lands Tribunal
is quite used to having to do those kinds of slightly strange
exercises.
2529. CHAIRMAN: Evidence would inevitably
be brought before the Lands Tribunal for that very purpose.
2530. MS LIEVEN: Absolutely. There would
clearly be efforts at agreeing it but it is very common to call
that kind of evidence. I am in your Lordship's hands as to whether
you want to hear from Mr Smith.
2531. CHAIRMAN: Would Mr Smith be proposing
to tell us about valuation?
2532. MS LIEVEN: Well, he could if your
Lordship asked but, no, I do not think so.
2533. CHAIRMAN: Would he be proposing
to tell us about the Certificate of alternative development ?
2534. MS LIEVEN: No, my Lord, save in
the most generalised terms. He can tell your Lordships about the
history; he can tell your Lordships about the normal processes
of compulsory purchase compensation and blight notices; and he
can give your Lordships the kind of background which to some degree
I have done but he could do far more expertly and with more knowledge.
2535. CHAIRMAN: And he could give his
views about fees?
2536. MS LIEVEN: And he could give his
views about fees, my Lord. Not about, I suspect, the level of
fees, but he can certainly tell your Lordships about normal practice.
2537. CHAIRMAN: Mr Saunderson, having
heard that, I am hesitant about asking Mr Smith to give evidence
because I am not sure that it is going to assist us. Do you want
to go into this process in order to try and get us to determine
the value, the date, the Certificate of alternative development
and the fees in place of the Lands Tribunal?
2538. MR SAUNDERSON: If I may pick up
one question which I think I can answer straightaway on the Certificate
of alternative development .
2539. CHAIRMAN: Please do.
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