Clause 21
Crossrail Bill
2:15 pm
Tom Harris (Parliamentary Under-Secretary, Department for Transport; Glasgow South, Labour)
The purpose of clause 21, precedented in the 1996 Act, is to provide a defence against proceedings brought by an individual alleging a noise nuisance under section 82 of the 1990 Act. The defence arises if the nuisance arises in connection with authorised activity, and where the relevant works are carried out in accordance with either a notice or a consent given under the Control of Pollution Act 1974.
Such a notice or consent already forms a defence in any proceedings for failure to comply with a noise abatement notice issued by a local authority under section 80(1)(a) of the 1990 Act. The provision means that the nominated undertaker will be able to carry out his works—importantly, works approved by the local authority—with greater certainty. However, I recognise Opposition Members’ concerns. One requirement of the Crossrail construction code is that the nominated undertaker must obtain consent under section 61 of the 1974 Act with respect to the construction works that it is to carry out under the Bill. In view of that commitment, it is reasonable that the nominated undertaker should be able to carry out the works, as approved by the local authority, with the certainty that the clause will give—namely, that it will not then be subject to separate proceedings under section 82 of the 1990 Act.
Such separate proceedings could inhibit or delay necessary construction works for Crossrail that have previously been approved by the local authority as representing best practicable means for the minimisation of noise. There are other safeguards. The first is that, because of the Crossrail construction code commitments, concerned individuals have the assurance that their local authority will have scrutinised in detail the proposed construction methods in each case to check that best practice is being followed.
Secondly, individuals potentially affected by noise nuisance arising from the Crossrail works have already had the opportunity to petition the House. Indeed, a number have done so. Several of the undertakings and assurances given during the Select Committee process relate to the promoter’s strategy for controlling and mitigating noise impacts. Subject to the Bill completing its passage through the House, individuals will also have the opportunity to petition again in the other place.
In response to the point made by the hon. Member for Wimbledon, the Secretary of State for Transport remains accountable to Parliament for the undertakings contained in the construction code. That is at it should be on mitigation and on noise.