Against the Bill - On Merits - Praying to be heard by Counsel, &c.

22Z IN PARLIAMENT HOUSE OF COMMONS SESSION 2005-06 CROSSRAIL BELL PETITION Against the Bill - On Merits - Praying to be heard by Counsel, &c. TO THE HONOURABLE THE COMMONS OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND IN PARLIAMENT ASSEMBLED THE HUMBLE PETITION of: BRITISH WATERWAYS BOARD SHEWETH as follows: 1 A Bill (hereinafter referred to as "the Bill") has been introduced into and is now pending in your Honourable House intituled "A Bill to make provision for a railway transport system running from Maidenhead, in the County of Berkshire, and Heathrow Airport, in the London Borough of Hillingdon, through central London to Shenfield, in the County of Essex, and Abbey Wood, in the London Borough of Greenwich; and for connected purposes.". 2 The Bill is promoted by the Secretary of State for Transport (hereinafter called "the Promoter"). Relevant clauses of the Bill 3 Clauses 1 to 20 of the Bill together with Schedules 1 to 9 make provision for the construction and maintenance of the proposed works including the main works set out in Schedule 1. Provision is included to confer powers for various building and

engineering operations, for compulsory acquisition and the temporary use of and entry upon land, for the grant of planning permission and other consents, for the disapplication or modification of heritage and other controls and to govern interference with trees and the regulation of noise. 4 Clauses 21 to 44 of the Bill together with Schedule 10 make provision for the application with modifications and the disapplication in part of the existing railways regulatory regime which is contained in and in arrangements made under the Railways Act 1993 and associated legislation. In particular, they provide for the disapplication of licensing requirements, the imposition of special duties on the Office of Rail Regulation ("ORR"), the modification of railway access contract and franchising arrangements and the disapplication of railway closure requirements and of the need for consent from Transport for London in relation to impacts on key system assets. Provision is also included to enable agreements to be required as between the nominated undertaker and controllers of railway assets, to govern the basis for arbitration and to provide for the transfer of statutory powers in relation to railway assets. 5 Clauses 45 to 59 of the Bill together with Schedules 11 to 14 contain miscellaneous and general provisions. These include provision for the making of transfer schemes, the designation of nominated undertakers, the devolution of functions and as respects other actions to be taken by the Secretary of State. Provision is also made in particular for the disapplication or modification of various additional miscellaneous controls, for the treatment of burial grounds, for the application of provisions of the Bill to future extensions of Crossrail, for the particular protection of certain specified interests (including your Petitioners waterways and remainder waterways) and as respects arbitration. Your Petitioners and their properties 6 Your Petitioners are the British Waterways Board established under section 1 of the Transport Act 1962 (c.46) and provided the power to oppose Bills under section 17 of that Act. Under extensive local legislation they own and or manage

both inland waterways and harbours and docks. They have duties under section 10 of the Transport Act 1962 to provide services and facilities on the waterways owned and managed by them and port facilities and the harbours owned or managed by them. Your Petitioners are responsible for the maintenance of 3220 kilometres of inland waterway network throughout Britain for both commercial and leisure activities on the waterways, in addition to managing a property estate valued at approximately 400 million. In addition to dock and harbours elsewhere in the UK, they own and manage the Limehouse Basin (formerly the Regents Canal Docks) and as successor to the London Docklands Development Corporation the docks within the Isle of Dogs. 7 Your Petitioners own or have an interest in the following properties which are subject to compulsory acquisition or use under the Bill: LONDON BOROUGH OF HILLINGDON Parcels: 81, 83, 87, 93, 95, 97, 99 and 100 Grand Union Canal - Horton Bridge to West Drayton Station Description: Canal, Canal Bed, Road, Embankment, Foot Path, Foot Bridge, Steps and Land. LONDON BOROUGH OF HILLINGDON Parcels: 105,109, 111, 117, 120, 122, 123,126, 137 and 143 Grand Union Canal - Old Stockley Road and Access to Hanson Aggregates Description: Canal, Canal Bed, Road, Embankment, Footway, Electricity Substation, Premises, Hardstanding, Bridge, Concrete Batching Plant, Conveyor Belts, Hoppers, Shelters, Warehouse, Office, Parking and Land. 3609865.02

LONDON BOROUGH OF HILLINGDON Parcels: 217 and 249 Grand Union Canal - Great Western Main Line Description: Railway, Sidings, Works, Bridge, Canal, Canal Bed, Towing Path and Land. LONDON BOROUGH OF HILLINGDON Parcels: 257, 258 and 259 Grand Union Canal - Nature Reserve Description: Nature Reserve, Railway, Works, Bridge, Canal, Canal Bed and Land. LONDON BOROUGH OF BALING Parcels: 1 and 2 Grand Union Canal - Paddington Branch Description: Railway, Works, Bridge, Canal, Canal Bed, Towing Path and Land. LONDON BOROUGH OF HAMMERSMITH & FULHAM Parcels: 2 and 4 Grand Union Canal - Paddington Branch Description: West London Line Bridge and Scrubs Lane Bridge over canal

LONDON BOROUGH OF TOWER HAMLETS Parcels: 1114,1120,1127 and 1129 Regents Canal Description: Regents Canal near Rhodeswell Road LONDON BOROUGH OF TOWER HAMLETS Parcels: 565, 566, 567, 568, 569, 570, 572, 573 and 574 Commercial Road Description: Canal, Canal Beds and Lands South of Commercial Road LONDON BOROUGH OF TOWER HAMLETS Parcels: 575, 576, 577, 578, 579, 580, 581, 586, 587, 589 and 591 Limehouse Basin Description: Development Land, Basin Approach and Viaduct LONDON BOROUGH OF TOWER HAMLETS Parcels: 620, 622, 623, 624, 626 and 628 Limehouse Cut Description: Tunnels under canal and towpath. LONDON BOROUGH OF TOWER HAMLETS Parcels: 699, 706 and 707 Cannon Drive - Subsoil Description: Cannon Workshops, Road, Car-Parking and Land

LONDON BOROUGH OF TOWER HAMLETS Parcels: 680, 681, 682, 683, 684, 685, 686, 687, 688, 689, 690, 691, 692, 693, 694, 695, 696, 697, 698, 701, 702 and 704 Cannon Workshops Description: Cannon Workshops LONDON BOROUGH OF TOWER HAMLETS Parcels: 713 and 723 West India and Millwall Docks Description: False Quay, Dock and Foot Bridge LONDON BOROUGH OF TOWER HAMLETS Parcels: 714, 717, 720, 722, 727 West India Dock North Description: Footway, Lands, Dock and Dock Bed LONDON BOROUGH OF TOWER HAMLETS Parcels: 793, 795 and 797 Popular Dock and Quay Description: Dock, Dock Bed, Paved Area, Gardens, Steps and Lands

LONDON BOROUGH OF TOWER HAMLETS Parcels: 730, 744, 745, 749, 751 and 762 West India Dock Description: Dock and Dock Bed LONDON BOROUGH OF TOWER HAMLETS Parcels: 768 Poplar Cut Description: Poplar Cut LONDON BROUGH OF TOWER HAMLETS Parcels: 772 Trafalgar Way - Swing Bridge Description: Swing Bridge over Poplar Cut LONDON BOROUGH OF TOWER HAMLETS Parcels: 753, 774, 775, 788, 789 and 796 West India Dock - Lock Description: Dock, Dock Bed, Lock, Lock Gates and Foot Bridge.

LONDON BOROUGH OF TOWER HAMLETS Parcels: 754, 755, 756, 757, 758, 759 and 760 West India Dock - Bellmouth Passage Description: Dock and Dock Bed LONDON BOROUGH OF TOWER HAMLETS Parcels: 975, 978, 979, 981 and 985 Grand Union and Regent's Canal Description: Canal and Canal Bed LONDON BOROUGH OF TOWER HAMLETS Parcel: 1314, 1379, 1396,1397, 1406 and 1410 River Lea (or Lee) Description: River and River Bed LONDON BOROUGH OF NEWHAM Parcels: 299, 300, 301, 302, 303, 304, 308, 311, 318, 319 and 331 River Lea (or Lee) Description: River and River Bed

LONDON BOROUGH OF NEWHAM Parcels: 431, 432 and 433 Bow Back River and Land Description: Land, Canal, Canal Bed and Towpath LONDON BOROUGH OF NEWHAM Parcels: 446 and 447 Three Mills Wall River Description: Canal, Canal Bed and Towpath LONDON BOROUGH OF NEWHAM Parcels: 573, 575, 576, 582, 583, 584, 586, 587, 588, 591, 592 and 593 City Mill River Description: River, River Bed, Towing Path, Foot Path, Viaduct, Embankment and Lands LONDON BOROUGH OF NEWHAM Parcels: 601 Waterworks River Description: River and River Bed

LONDON BOROUGH OF NEWHAM Parcels: 612 and 615 Waterworks River Description: River and River Bed LONDON BOROUGH OF NEWHAM Parcels: 613 Waterworks River - Bridgewater Road. Description: River and River Bed 8 In addition, your Petitioners own or have an interest in maintaining the free passage of vessels throughout waterways and docks along the route which, whilst not subject to the compulsory purchase proposals of the Bill, are in the immediate vicinity of the proposed works and liable to be injuriously affected by them. It is imperative that the temporary and permanent impacts of the works do not adversely affect the commercial and leisure use of waterways and docks. 9 Your petitioners strongly support the principle of the Crossrail Bill and do not seek to challenge the expediency of the construction of the railway itself. Nevertheless, your petitioners allege that they and their property rights and interests would be injuriously and prejudicially affected by the provisions of the Bill if passed into law in their present form. Your Petitioners' concerns 10 Your Petitioners are concerned that the powers conferred on the Promoter will enable the Promoter to interfere with and compromise the use of your Petitioners' waterways and docks and associated property in carrying out the works authorised 3609865.02 10

under clause 1 of the Bill. Your Petitioners are further concerned that the powers conferred on the Promoter under clause 6 of the Bill enable the Promoter to compulsorily acquire land in excess of that required to carry out the works authorised under clause 1 of the Bill and in excess of that required for the on going operation of the railway transport system. 11 It is accepted that there is likely to be a degree of soil settlement involved in the construction of the railway tunnels that form a major element of the scheme. Your Petitioners seek assurances from the Promoter that the degree of settlement will be within acceptable limits in order to prevent damage to canals, docks, quays, locks, bridges, embankments, towpaths, buildings and other structures. In the event of any damage caused by settlement the Promoter should be required to make good the damage and fully compensate your Petitioners and other affected parties for any loss emanating from the settlement damage. 12 In Part 5 of Schedule 14 to the Bill the Promoter has included a number of protective provisions, which are welcomed. However, your Petitioners believe that protective provisions contained in the Bill are inadequate. For example the notice periods are inadequate to take account of operational circumstances. As a result their position is thereby not adequately safeguarded. They submit that the Bill should not pass into law unless and until adequate protective provisions are included. Site Specific Concerns Grand Union Canal - Great Western Main Line, Nature Reserve & Paddington Branch - London Borough ofhillingdon 13 In addition to the concerns in relation to compulsory acquisition, outlined in paragraph 10 above, your Petitioners maintain that any temporary rights acquired by the Promoter for the site should be limited to the existing railway bridge and not the canal, towpath or air space below the bridge. 11

Grand Union Canal London Borough of Hammersmith and Fulham 14 Your Petitioners are concerned that the works to the bridge abutments of the West London Line Bridge or Scrubs Lane could impact on the use of the towpath obstructing access to recreational users of the waterway. Grand Union Canal London Borough ofhillingdon 15 The Promoter proposed works for the site involve the acquisition of part of your Petitioners' site together with the replacement of a vehicular bridge with a pedestrian bridge, which will have an adverse affect on the site by limiting vehicle access, with the follow-on effect of lowering your Petitioners' future rent values. Your Petitioners are further concerned that the proposed amended site access would require significant and lengthy rerouting of vehicles accessing the site from the south which would increase the cost of running vehicles into the site in terms of fuel and environmental pollution. Regents Canal and Lime House Cut - London Borough of Tower Hamlets 16 Your Petitioners are anxious about the temporary and permanent impact of the excavation of two railway tunnels underneath the canal and towpath, which have the potential to cause significant earth settlement that may be detrimental to the structure of the canal. Grand Union and Regent's Canal -London Borough of Tower Hamlets 17 Your Petitioners are concerned that the proposed method of spoil movement across the canal is executed in a manner that ensures that the Regents Canal remains open and navigable to all canal traffic at all times during the works and after completion. 3609865.02 12

Limehouse Basin Lowell Street Ventilation Shaft - London Borough of Tower Hamlets 18 Your Petitioners are anxious about the temporary and permanent impact of the excavation of two railway tunnels underneath the canal, canal basin, lock, tow path, road, Grade II listed residential properties and lands, which have the potential to cause significant earth settlement that may be detrimental to the structure of the canal and other structures on the site. Your Petitioners are also concerned that public access is maintained to the Accumulator Tower (through parcels 586 and 581) located on parcel 589 to enable the continued and future public visitation and maintenance of this historic attraction. Your Petitioners are further concerned that the land parcels 580 and 587 are not permanently acquired by the Promoter as they are proposed only for the use as a work site with no permanent structure proposed. 19 Your Petitioners are in partnership with Bellway Homes Limited in providing a development on the site (parcel 581) and are in negotiations with the Promoter to ensure that the development is not compromised by the works authorised under clause 1 of the Bill. In the event that no agreement can be reached with your Promoter for the joint development of the site, provision should be made for the continued development of the site. Cannon Workshops - London Borough of Tower Hamlets 20 Of particular concern to your Petitioners is the potential permanent loss of carparking spaces on the site, the positioning and design of the ventilation shaft and site access and noise emissions during the construction of the works. It is submitted that the Bill should be amended to require the Promoter to provide carparking, design and position permanent structures and carry out the works on this site or another site approved by your Petitioners in a manner that is approved by your Petitioners. It is further submitted that access to the site (through parcels 699 and 706) should remain in the unfettered control of your Petitioners for the 13

duration of the works authorised under Clause 1 of the Bill to permit continued access to the car-parking spaces located on the site. West India North Dock London Borough of Tower Hamlets 21 The installation of coffer-dams in the dock and the removal of the dock-bed and sub-soil to accommodate the construction of West India Quay Station will lock in vessels at the western end of West India North Dock and vessels moored in Blackwall Basin and Poplar Dock. These works will impact on your Petitioners' ability to maintain water levels in these areas, as well as the water under the false quay along the entire northern bank of the West India North Dock. The works will also result in a permanent loss of water space which will adversely impact on the movement of vessels within West India North Dock. The positioning of the station ventilation shaft will place significant restrictions on the movement of vessels, especially larger vessels, from the Bellmouth Passage into Blackwall Basin and Poplar Dock. It is submitted that the West India Quay Station Box should be located as close to the southern edge of the existing water space as possible in order to mitigate against its further impact on the remaining water space and for the same reasons the ventilation shaft structure should be located as close as possible to the north east corner of the West India North Dock. 22 Issues of particular importance are the positioning and design of the structures, including the station box, ventilation shaft and bridges, which will rise above the dock bed and impact on the water space. It is also important that the capacity of the flood reservoir is maintained during construction of the works and upon completion. It is submitted that the Bill should be amended to require the Promoter to provide, to the satisfaction of your Petitioners, sufficient water space and flood reservoir capacity during construction and upon completion of the works authorised by clause 1 of the Bill. 23 It must be noted that your Petitioners have viewed the Humble Petition of Wood Wharf General Partner Limited and support the concerns raised therein, relating to the proposed Wood Wharf development, specifically in relation to access, 14

development partnerships, design, extent of compulsory acquisition and timing of construction. Your Petitioners wish to encourage the development of the area which would allow for the construction of a new canal, housing and commercial facilities in accordance with agreed planning guidelines and your Petitioners' development master plan. It is respectfully submitted that the Bill should not be allowed to pass in to law without making provision for the shared development of the site and surrounds. 24 The Bill and the plans deposited with the Bill show that all of the spoil is intended to be removed from the worksite by a conveyor belt to be constructed over the existing Bellmouth Passage which links West India Dock North with West India Dock South. As part of the proposed development of Wood Wharf it is intended that a canal be constructed between the Blackwall Basin to the north of the development and West India Dock to the south. Your Petitioners are keen to explore the potential for use of the proposed canal as an alternative or supplementary means of spoil removal and for other station construction activities. The proposal for a canal has always formed part of the plans for this development, and is included in the existing BW masterplan as adopted in Tower Hamlets in their Supplementary Planning Guidance. In addition, earlier plans produced by Crossrail indicated the use of such a canal by Crossrail for the removal of spoil by barge from the proposed Isle of Dogs station worksite. The construction of the canal would provide a connection by water from West India Dock North through Poplar Cut, the Blackwall Basin and West India Dock South out into the River Thames. Your Petitioners are of the view that using the proposed canal would provide the nominated undertaker with significant advantages in terms of time and cost savings. Your Petitioners are keen to explore the possibility of reaching an agreement with the Promoter about the potential use of the canal by Crossrail, including a cost sharing agreement with Wood Wharf General Partner Ltd, but in the absence of an agreement being reached, your Petitioners would ask your honourable House to urge the Promoter to adopt the idea and share in the costs of construction of the canal. 15

West India Dock North London Borough of Tower Hamlets 25 Your Petitioners are concerned that the Promoter's construction traffic entering the site (parcels 713 and 723) will cause damage to the bridge and false quay which has been designed to carry pedestrians and has a weight restriction of a five tonnes uniformly distributed load over a 2.5 by 2.5 metre grid. It is submitted that the Promoter should be prohibited from entering the bridge (parcel 723) and be granted limited entry to the access road and false quay (parcel 713) without the consent of your Petitioners. West India South Dock - London Borough of Tower Hamlets 26 It is submitted by your Petitioners that the Bill should be amended to require the Promoter to carry out the works in a manner that provides for sufficient water space and lock use as determined by your Petitioners to ensure that this important water space can be properly utilized. Bow Back River and Three Mills River - London Borough ofnewham 27 Your Petitioners are anxious about the temporary and permanent impact of the excavation of two railway tunnels underneath the waterway and towpath which have the potential to cause significant earth settlement that may be detrimental to the structure of the waterway. City Mill River - London Borough ofnewham 28 It is apparent that the Promoter should be required to maintain your Petitioners existing flood control measures at the site during construction of the works and upon completion. Furthermore the design of structures to be located on the site should be executed in a manner that minimises the impact on the waterway and towpaths. Failure to comply with these requirements has the potential to create a significant deleterious affect on the site and surrounding areas, including the ability to navigate along the waterway or safely use the towing path. 16

Pudding Mill Tunnel Under River Lea - London Borough ofnewham and London Borough of Tower Hamlets 29 The Promoter proposes to install a coffer-dam in two sections on this site to enable the waterway to be drained and a concrete panel to be installed below the river-bed forming the roof of the tunnel structure. It is imperative that the waterway, including the associated towpath, remains open during the works to allow for continued water-borne traffic (including a nominated undertaker's works spoil removal traffic) to navigate through the area unrestricted. Your Petitioners understand that these works will have a significant permanent impact visual amenity impact on canal and towpath users which the Promoter should be required to mitigate. Protective Provisions Interpretation 30 Your Petitioners are concerned that Part 5 of Schedule 14 to the Bill fails to adequately define the operational property of the petitioners. They would propose that the defined term "canal" should be replaced with the term "waterway" which should be defined to include any inland navigations, rivers, towing paths, docks, dock-side walkways and associated structures together with land owned or managed by your Petitioners and for which they are responsible. It is vital for your Petitioners and the users of waterways and docks that they are protected from the impacts of specified works and any associated protective works authorised under clause 1 of the Bill. Your Petitioners submit that the Bill should not be allowed to pass into law without providing adequate protection for waterways and docks. Detriment 31 Your Petitioners are concerned that Part 5 of Schedule 14 to the Bill fails to provide for any protection against any detriment caused by the construction or 3609865.02 17

failure of the works authorised under clause 1 of the Bill. It is submitted that a protective provision should be included in the Bill to ensure that the Promoter's responsibility to make good any detriment caused by the construction or failure of the works is clear, hi making good the detriment it must be at your Petitioners' discretion to allow or instruct the Promoter or nominated undertaker to carry out the works required to make good the detriment or carry out the works itself. Your Petitioners submit that the Bill should not be allowed to pass into law without providing adequate provision for detriment protection and the reimbursement of any costs incurred by your Petitioners in addressing detriment. Water supply 32 Your Petitioners are concerned that Part 5 of Schedule 14 to the Bill fails to provide for any protection against the effects of interfering with the supply of water to a waterway (either limiting or increasing supply) without the explicit consent of your Petitioners. Your Petitioners submit that the Bill should not be allowed to pass into law without providing adequate provision for the protection of water supply. Plan Approval 33 Your Petitioners are concerned that Part 5 of Schedule 14 to the Bill fails to provide adequate time to consider and approve plans for specified work authorised under clause 1 of the Bill or other associated works. Further the Part 5 of Schedule 14 to the Bill fails to provide adequate time to consider any further works if additional particulars are sought. Your Petitioners submit that the Bill should not be allowed to pass into law without providing an adequate amount of time for your Petitioners to properly consider the implications of proposed works, being a minimum of 56 days in the case of both initial plans for specified works and a further 56 days in a case where further or revised particulars are sought. 3609865.02 18

Indemnity Protection 34 Your Petitioners are concerned that Part 5 of Schedule 14 to the Bill fails to provide for any protection against legal action arising from your Petitioners providing approval for works or other matters connected with the Bill. Further it is clear that the indemnity that is provided under Part 5 of Schedule 14 to the Bill is qualified by the Promoter right to manage and control any action arising from the works or matters connected with the-bill. It is respectfully submitted that the Bill should not be allowed to pass into law without making provision for full indemnification of your Petitioners and ensuring your Petitioners' full rights to manage and control any such legal action that may arise at their desecration. Pollution and Discharge 35 Your Petitioners believe that Part 5 of Schedule 14 to the Bill should provide protection for waterways in the case of pollution, discharge or deposit emanating from works authorised under clause 1 of the Bill, protective works or any associated works. Your Petitioners submit that the Bill should not be allowed to pass into law without providing an obligation on the Promoter to prevent any pollution, discharge or deposit entering a waterway and a further obligation for the Promoter to make good any breach of the primary obligation at the direction of the Petitioner. It is further submitted that provision should be made to ensure that any discharge made by the Promoter should be first approved by your Petitioners to ensure waterways are able to be managed and protected in accordance with your Petitioners' accepted standards and practices. Vehicles, plant and machinery 36 Your Petitioners are concerned that Part 5 of Schedule 14 to the Bill does not provide your Petitioners with adequate powers to protect the waterways from the impact of works vehicles, plant and machinery used by the Promoter or a nominated undertaker on the waterways and surrounding lands. It is respectfully submitted that the Bill should not be allowed to pass into law without making 3609865.02 19

provision for your Petitioners to approve and control the use of vehicles, plant and machinery on or adjacent to waterways. Lighting 37 Your Petitioners are concerned that Part 5 of Schedule 14 to the Bill does not provide your Petitioners with adequate powers to protect the waterways (including wildlife) from the impact of the Promoter works in relation to the provision of lighting for navigation. It is respectfully submitted that the Bill should not be allowed to pass into law without making provision for your Petitioners to approve and require temporary navigation lighting on or adjacent to waterways. Survey of waterways 38 Your Petitioners believe that Part 5 of Schedule 14 to the Bill should provide protection for waterways in the case of detriment emanating from works failing or causing damage to your Petitioners' property due to un-surveyed waterways. It is respectfully submitted that the Bill should not be allowed to pass into law without making provision for the Promoter to carryout surveys of waterways to the satisfaction of your Petitioners and provide copies of the surveys to your Petitioners. Design of works 39 Your Petitioners believe that Part 5 of Schedule 14 to the Bill should provide for your Petitioners' approval of the design and appearance of works and their effects on the environment in order to protect the waterways from poor or inappropriate structures which impact on the amenity of the works area. It is respectfully submitted that the Bill should not be allowed to pass into law without making provision for your Petitioners to approve and require of works acceptable work design and appearance on or adjacent to waterways and remainder way, with design approval assessments to include environmental effects. 3609865.02 20

Notice of'works 40 Your Petitioners are concerned that Part 5 of Schedule 14 to the Bill does not make provision for the timely notification of commencement of works authorised under clause 1 of the Bill. Your Petitioners require 56 days prior notification of the commencement of works in order to make any necessary adjustments to waterways, adjacent property and inform waterway users. It is respectfully submitted that the Bill should not be allowed to pass into law without making provision for the Promoter to notify your Petitioners of any proposed commencement of works no less than 56 days prior to the works commencing and to make best endeavours to carry out all works that affect navigation during your Petitioners' stoppage seasons (typically being from the beginning of November until the end of March). Your Petitioners submit that at all other times where it is sought that the navigation is to be affected they should be notified by April prior to the works to be commenced. Cost Protection 41 Your Petitioners are concerned that Part 5 of Schedule 14 to the Bill does not provide cost protection against any expenses that your Petitioners may incur as a result of the works; including but not limited to assessing works, altering, reconstructing, protecting or maintaining a waterway by reason of an action of the Promoter or their agents. Your Petitioners submit that the Bill should not be allowed to pass into law without providing an obligation on the Promoter to repay any costs incurred, including in connection with assessing works, altering, reconstructing, protecting or maintaining a waterway by reason of an action, authorised under clause 1 of the Bill or not, of the Promoter or their agents. Abandonment of Works 42 Your Petitioners believe that Part 5 of Schedule 14 to the Bill should provide for the protection of waterways in the event of the works authorised under clause 1 of the Bill, or associated works, being abandoned or allowed to fall into decay. Your 21

Petitioners submit that the Bill should not be allowed to pass into law without providing an obligation on the Promoter to repair or restore any part of a waterway, or to remove any offending work and restore the site in question to its former condition or the equivalent current standard and there should be a further obligation for the Promoter to reimburse any costs incurred by your Petitioners in the enforcement of the primary obligation or by reason of your Petitioner carrying out the necessary repair or restoration works. Fencing 43 Your Petitioners are concerned that Part 5 of Schedule 14 to the Bill does not provide an obligation on the Promoter to separate, or fence off, a work authorised under clause 1 of the Bill or an associated work from a waterway for the protection of waterway users and other persons. Your Petitioners submit that the Bill should not be allowed to pass into law without providing an obligation on the Promoter to separate, or fence off, a work authorised under clause 1 of the Bill or an associated work to the satisfaction of your Petitioners. Noise 44 Your Petitioners are concerned about noise arising during the construction of the proposed works. Your Petitioners wish to see an effective noise mitigation and monitoring system in place before commencement and during construction of the works. There must in your Petitioners' submission be a threshold agreed between your Petitioners and the Promoter. If that threshold is exceeded, the nominated undertaker should be obliged to cease construction until such time as remedial measures are in place which will reduce noise levels below the agreed threshold. Dust 45 Your Petitioners are concerned about dust and dirt produced during the construction of the proposed works. Your Petitioners would wish to see binding commitments imposed on the Promoter to require adherence to agreed measures 22

to reduce dust, and to carry out additional mitigation if dust continues to be a nuisance at your Petitioners' properties. Your Petitioners request that provision be made to ensure that the Promoter takes responsibility for the reimbursement of your Petitioners for additional expense caused by dust and dirt such as more frequent cleaning of their properties and more frequent replacement of air conditioning filters. Vibration 46 Your Petitioners are concerned about vibration both during construction and on completion of the proposed works. Your Petitioners fear that damage will result from vibration if piles in the vicinity are driven rather than bored or hand-dug. Your Petitioners also fear that vibrations caused by tunnelling as the tunnel heading passes beneath their properties for each of the two tunnel drives will cause disturbance to the occupiers of their properties. Your Petitioners request that provision is made to ensure the absence of impact-induced vibration by the use of absorptive track beds or other means. Interference with services 47 Your Petitioners wish to be satisfied that there will be no disruption to statutory services provided to your Petitioners' properties as a result of the construction of the proposed works, hi your Petitioners' submission a co-ordinated programme of works to services leading into your Petitioners' properties needs to be established by the Promoter and the details provided to your Petitioners to prevent a succession of statutory undertakers' works to and reinstatement of your Petitioners properties. Electromagnetic interference. 48 Your Petitioners operate electronic equipment and are concerned about the potential effects on such equipment of the construction and operation of the proposed works and the operation of high voltage cables and other electrical 3609865.02 23

equipment. Your Petitioners submit that a full appraisal should be made and disclosed by the Promoter of the potential impacts and will wish to be satisfied that appropriate protective measures will be taken. General 49 Your Petitioners are concerned that the delivery of the Olympic events, together with the disruptive effects of the Promoter's construction works could have an adverse impact on the waterways in terms of navigation. Your Petitioners are anxious that the combined impact of the Promoter's scheme and the.olympic facility' construction will impact on your Petitioner's statutory obligations and interests and request that such combined impacts are given appropriate consideration and that your Petitioners are consulted on all such impacts and that such impacts will be kept to a minimum. Your Petitioners are aware that the Promoter and Olympic organisers are considering proposals to further develop and expand the waterways and would expect that provision be made for those new waterways to be subject to the same control and protections as existing waterways in order to ensure uniform management of the waterways. 50 There are many cases where the proposed use for the land throughout the scheme is as a worksite, which will only be required for the construction of the works and not permanently. Your Petitioners maintain that compulsory acquisition of much worksite land is therefore not justified, and that those parcels concerned should be moved from.schedule 6 to the Bill (acquisition of land shown within limits on deposited plans), to Schedule 5 to the Bill (temporary possession and use of land). 51 As a general matter, your Petitioners submit that provision should be made for the Promoter to repay to your Petitioners all proper costs, charges and expenses (including the proper fees of such professional advisers as they may instruct) reasonably incurred in consequence of the Bill or of any provision made as a result of this Petition. 52 There are other clauses and provisions in the Bill, which, if passed into law as they now stand, will prejudicially, affect your Petitioners and their rights, interests 24

and property and for which no adequate provision is made to protect your Petitioners. Conclusion 53 Your Petitioners submit that the Bill fails adequately to safeguard and protect the interests of your Petitioners and should not be allowed to pass into law without these issues being addressed. Your Petitioners will continue to try to resolve these issues with the Promoter and undertakers with the aim of securing assurances. YOUR PETITIONERS THEREFORE HUMBLY PRAY your Honourable House that the Bill may not be allowed to pass into law as it now stands and that they may be heard by themselves, Counsel or Agents and with witnesses in support of the allegations of this Petition against so much of the Bill as affects the property, rights and interests of your Petitioners and in support of other such clauses and provisions as may be necessary or expedient for their protection or that such other relief may be given to your Petitioners in the premises as your Honourable House shall deem meet. AND YOUR PETITIONERS WILL EVER PRAY, &c. BIRCHAM DYSON BELL Parliamentary Agents for BRITISH WATERWAYS BOARD 3609865.02 25

IN PARLIAMENT HOUSE OF COMMONS SESSION 2005-06 CROSSRAIL BILL PETITION of BRITSffl WATERWAYS BOARD Against, the Bill - On Merits - Praying to be heard by Counsel, &c. BIRCHAM DYSON BELL 50 Broadway Westminster London SW1H OBL Parliamentary Agents 16 September 2005