Examination of Witnesses (Questions 2660
- 2680)
2660. 1. The fees of the Petitioner's surveyors
be ordered to be a paid on quarterly basis by Crossrail.
2661. 2. The valuation date for the valuation
of the Petitioner's land be ordered to be either (a) the date
of the Safeguarding Order in 1990 or (b) the date of the deposit
of the Bill or (c) the date of acceptance of the Petitioner's
blight notice.
2662. 3. The land of the Petitioner be acquired
at minimum estimate of value provided by Jones Lang LaSalle in
their letter of 19 February 2008 on or before 4 April 2008.
2663. 4. The Petitioner be granted a carried
interest in the overstation development on a proportionate basis
to his land in relation to the whole development less any sum
paid in advance to the Petitioner in relation to the acquisition
of the said land.
2664. 5. Compensation be paid to the Petitioner
for his time expended over 17 years as filed in his claim to Crossrail
on 28 January 1997.
2665. 6. Such other compensation be awarded
as your Lordships in your absolute discretion shall deem fit.
2666. CHAIRMAN: Can I ask you one question
about this, Mr Saunderson, on your point 4, Crossrail almost certainly
will not be carrying out the overstation development, at least
I am right in saying that. I do not see how we can tell them that
you are to have any particular part in it. Am I right in thinking
that Crossrail are not likely to be carrying out the overstation
development?
2667. MS LIEVEN: My Lord, I was going
to rise about paragraphs 4 and 5 here because they are not issues
that the Petitioner has dealt with in the submissions he has made
to your Lordships at all, therefore I have not dealt with them
in response. Mr Smith can do so, if necessary. As far as overstation
development is concerned, in all likelihood there will be an overstation
development at Lindsey Street. The form of that overstation development
falls outside the remit of the Bill or of this Committee. It will
be taken forward in a normal planning application to the City
Corporation. We have a policy on the circumstances in which owners
of land which is acquired for the purposes of the Bill but then
is available for overstation development have the right to buy
back that land in particular circumstances. It is true to say
that in a number of the central London sites we have entered into
agreements with large property developers for them to take forward
overstation development with us.
2668. CHAIRMAN: It is not a Crichel Down
principle?
2669. MS LIEVEN: It is an expansion of
the Crichel Down rules, my Lord, yes, precisely. Colin Smith can
give evidence on the detail of that if necessary and that policy
will be applied in respect of 10 Hayne Street to Mr Saunderson
as it would to any other owner of land in that situation. I am
not giving any guarantees as to whether or not Mr Saunderson would
fall within the terms of that policy but it will be applied to
him as it would be to anyone else.
2670. CHAIRMAN: What do you want to say
about 5?
2671. MS LIEVEN: Yes, my Lord, I should
say Mr Mould has reminded me that it is the land disposal policy
and Mr Smith did refer to itI had forgotten thisin
the teach-in, so your Lordships could refer back to that if you
want to know, and if I pick up a very large red file it is paper
C 10 in the information papers. Five, my Lord, relates back to
the issue of the other properties, the Long Lane properties where
I did not refer to this because Mr Saunderson was, I thought,
concerned that we did not, but where Mr Saunderson filed a claim
to, I think, London Regional Transport in January 1997 in respect
of compensation there is no statutory right to compensation in
respect of those properties and that is the end of the matter.
It would be quite wrong for the Committee to order compensation
in respect of those properties or, indeed, to order compensation
to be paid on 10 Hayne Street for time expanded over 17 years.
There is simply no basis for such a claim.
2672. CHAIRMAN: If there is anybody who
is liable to pay it, it is not you?
2673. MS LIEVEN: There is nobody, my
Lord.
2674. CHAIRMAN: It certainly is not Crossrail?
2675. MS LIEVEN: It certainly is not
the Secretary of State, the Promoter of this Bill, but I would
not for one moment wish to go on the record as suggesting that
Mr Saunderson should be pursuing a claim against somebody else
because there is no statutory right to compensation in respect
of those other properties or that time. My Lords, I think that
deals, albeit briefly, with 4 and 5.
2676. CHAIRMAN: Mr Saunderson, you have
put us in a very difficult position, I am afraid. I perfectly
well understand what it is you are saying but I think by this
time you may also understand it is extremely difficult for us
to do what it is that you want.
2677. MR SAUNDERSON: Yes, I would like,
if I may, to refer again to the undertakings that Ms Lieven gave
to the House of Commons Select Committee and on the basis which
the House of Commons Select Committee acted and I acted that they
would purchase 10 Hayne Street now or within six months and they
would pay the reasonable cost of the surveyors and lawyers of
the process.
2678. CHAIRMAN: Yes, but you do that
by going to the Lands Tribunal. You have got all the necessary
framework, the blight notice has been accepted, you can refer
it to the Lands Tribunal any time you like.
2679. MR SAUNDERSON: The timing was now,
though, she gave the undertaking that the purchase was now, that
was what the Commons accepted, not in 12 months or whenever a
Lands Tribunal hearing happens, it was purchased now or within
six months and she goes on to say, "I struggle to see what
the problem is". She even emphasised what is Mr Saunderson's
problem, he is going to get the money now or within six months,
that is what we all understood perfectly clearly. She is attempting
to explain that is not the case. We all heard it, we all understood
what she was saying and we took it as an undertaking and paying
reasonable surveyors' costs one takes as paying reasonable surveyors'
costs which means paying them monthly or quarterly.
2680. CHAIRMAN: No, it does not in these
circumstances. Thank you very much. We must consider this. There
is nothing else this afternoon. I think we had better discuss
this amongst ourselves if you would be very kind and leave us
in solitary confinement and turn off the microphones.
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