Examination of Witnesses (Questions 6260
- 6279)
6260. CHAIRMAN: They either have or have
not, it is too late now. They would have to put in their plot
numbers?
6261. MR LEWIS: They would have to put
in their plot numbers, correct. I suppose I could have cast the
amendment to have general effect and, to be perfectly honest,
my Lord, if you think that would be a better way of doing it,
then I am not stopping you and I do not think that would be an
extension of scope either, but the special justification I plead
6262. CHAIRMAN: All you would have to
do is to ask us to remove subsections (7), (8) and (9) from Clause
6, it is that simple?
6263. MR LEWIS: Quite, absolutely. That
would do the job for us, but I took the view, as I am presenting
a case on behalf of one Petitioner, that I did not want to disadvantage
the Promoter any more than we would have to. Of course, if I was
asking you to make a blanket amendment across the line, then I
would be really going outside the remit of my instructions in
the sense that I am here to protect Canary Wharf Group, no-one
else.
6264. CHAIRMAN: Of course we understand
that.
6265. MR LEWIS: The special justification
you have asked for, Mr Anderson has mentioned the scale of this
development, the size of the development and the importance of
it to Canary Wharf Group and I will stand by his remarks and that
regard made in his evidence.
6266. CHAIRMAN: I think one of the difficulties
is that supposing we were minded to make this amendment, nobody
else who has petitioned has any notice of it.
6267. MR LEWIS: I think that is really
in the hands of the Committee because there is nothing to prevent
the Committee from, as the Commons Committee did, making interim
decisions. I do not think there is anything to prevent the Committee
from announcing that it is minded to make an amendment to the
Bill. That, of course, is giving publicity and there are procedures
under the Private Bill Standing Orders which, I believe, apply
to hybrid bills as well which would enable those who thought they
were affected by any proposed amendments to deposit what is called
"a petition against alterations". It is a very unusual
procedure but what it would do would be to entitle other landowners
who believe they should have the same protection as Canary Wharf
to come to this Committee and ask for it. It may well be the Promoters
might challenge their locus standi and say, "Hold on a minute,
you are not actually really petitioning against anything the Committee
has done to affect adversely your interests", because all
the Committee has done is give Canary Wharf Group some additional
protection which is, of course, in itself not an unusual thing
for a private or hybrid bill committee to do. It is certainly
not unusual for a petitioner to come along and ask for special
protective provisions in a bill which apply to them only but which
could apply to others had the Committee decided that this is such
a good idea it should apply to everybody. I think there probably
could be, depending on how the Committee itself makes any announcement,
if it were minded to do so, to allow other landowners to come
on board. It is not something which we necessarily want to encourage,
and I am sure it is not something the Promoters would wish to
encourage, but I think potentially that procedure is there and
it would extend the proceedings probably beyond the summer, I
would have thought.
6268. CHAIRMAN: I should think it would
add another year but never mind. The truth of the matter is if
we were to make an interim decision that we were minded to do
this, that would open the door for petitioners all the way along
the route to bring in petitions against alterations in relation
to their own plots which may themselves have substantial planning
permissions on them.
6269. MR LEWIS: I think by this discussion
having now gone on the record, it may well be those landowners
may well be reading and thinking, "Okay, if that is what
they do, then we will do it".
6270. CHAIRMAN: I doubt whether the Promoters
would object on locus standi grounds.
6271. MR LEWIS: That is not for me.
6272. CHAIRMAN: I doubt it, but that
is the implication, is it not?
6273. MR LEWIS: Potentially, yes.
6274. CHAIRMAN: Thank you very much.
6275. MR LEWIS: Thank you.
6276. CHAIRMAN: Has anybody got any other
questions for Mr Lewis? Lord James?
6277. LORD JAMES OF BLACKHEATH: I find
this as being in a position of trying to use a sledgehammer to
squash a wasp in the sense it is important, but it seems to me
to be an extraordinarily convoluted exercise to go through for
what is a matter of common sense.
6278. CHAIRMAN: That may be but this
is the process. You want us, Mr Lewis, to recommend that the Bill
should be amended in the terms of your clause for Canary Wharf
Group only?
6279. MR LEWIS: That is what we are asking
for.
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