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1 Thursday, 11Th May 2006 2 (9.30 Am) 3 Opening 1 Thursday, 11th May 2006 2 (9.30 am) 3 Opening Remarks 4 THE CHAIRMAN: Ladies and gentlemen, good morning. 5 It is 9.30 am and the Inquiry into the 6 London Development Agency (Lower Lea Valley Olympic and 7 Legacy) Compulsory Purchase Order 2005 is now resumed. 8 Can I just ask everyone present if you have a mobile 9 phone to make sure it is either off or on silent mode so 10 it does not disturb us. 11 This session, which I have called at short notice, 12 is to deal with procedural matters in relation to an 13 appearance on behalf of Neptune Wharf Limited and 14 Roadglen Limited. 15 (9.31 am) 16 Session to deal with procedural matters in relation to 17 Neptune Wharf Limited and Roadglen Limited 18 THE CHAIRMAN: Can I formally record who is appearing for 19 the London Development Agency this morning, please? 20 MR ROOTS: Sir, I appear for the London Development Agency. 21 My name is Guy Roots QC and I am with Mr Richard Glover. 22 THE CHAIRMAN: Thank you, Mr Roots. 23 And on behalf of the objector? 24 The convention is if there is an aircraft going 25 over, I am quite happy for you to pause. In fact 1 1 I would prefer it rather than asking you to repeat what 2 I believe you might have said. 3 MR VILLAGE: I am not going to compete with the 9.32 to 4 Malaga. 5 Peter Village QC, appearing with Mr Robert White of 6 counsel. We are instructed by DMH Stallard on behalf of 7 Neptune Wharf and Roadglen. 8 THE CHAIRMAN: Thank you, Mr Village. 9 Mr Village, I understand that your application 10 relates to two matters, namely document disclosure and 11 appearance at the Inquiry. I take it I am correct? 12 MR VILLAGE: That is right, sir. I will explain a little 13 further in due course if you would like, or explain 14 now -- 15 THE CHAIRMAN: In due course, please. I am simply seeking 16 to establish an outline of procedure for this morning 17 which will be helpful to us all. 18 What I would ask is will it be convenient to hear 19 your application in the two distinct parts? 20 MR VILLAGE: Yes. 21 THE CHAIRMAN: Thank you. 22 Can we take document disclosure first and then move 23 on to appearance at the Inquiry? 24 MR VILLAGE: Yes. 25 THE CHAIRMAN: In terms of document disclosure, if we have 2 1 to enter into detailed debate about specific documents 2 it may well be easier to take one at the same time, or 3 to take them in groups. 4 You know your case; I do not. So I think if we 5 start on that basis then at least I can have it 6 presented in that way, get a response and then move on 7 to the next one. 8 MR VILLAGE: I will set out the reason why we are here and 9 go through it in a little detail with the chronology and 10 looking at the relevant correspondence, and I will of 11 course identify the information that is still 12 outstanding which we seek. 13 THE CHAIRMAN: I am happy for you to proceed on that basis 14 and would invite you to do so now. 15 MR VILLAGE: Then I will do that now. 16 What we have done, sir, is we have produced 17 a chronology and we have produced a bundle of relevant 18 documentation. I will ask my learned friend Mr White to 19 distribute those now. 20 THE CHAIRMAN: Thank you (Handed). 21 MR VILLAGE: Sir, the purpose of our appearance here today, 22 if I may explain in a little bit more detail, is to 23 explain to the Inquiry the very considerable 24 difficulties which my clients have had and their 25 consultants have had in obtaining information from the 3 1 London Development Agency and its witnesses. 2 Second, to identify key information which is still 3 outstanding over five months since it was first 4 requested. 5 Third, to identify other information which we are 6 seeking. 7 Fourth, to identify a timetable for the provision of 8 all the information in 2 and 3. 9 Then, as we have indicated, to deal with dates set 10 for our appearances and deal with other issues in 11 relation to the provision of evidence, including 12 rebuttal evidence. We understand more rebuttal evidence 13 is to be produced from the LDA. 14 Can I say, sir, that as to the formalities of how 15 this information that we are going to be asking for -- 16 or we have asked for and is still outstanding -- is 17 provided, we can either proceed on the basis of in due 18 course Mr Roots at the end of my submission says he is 19 going to provide it, and he gives an undertaking that 20 the LDA will corporate with us in the provision of 21 information; or we can go down a more formal route and 22 that will involve an application to you under 23 section 250 of the Local Government Act. 24 I really do not mind which we go down. Clearly the 25 first would be much more preferable but if we have to go 4 1 down the second I will. But I just put on the 2 backburner that way of proceeding in due course. It may 3 be that we will have to examine your powers to require 4 information in due course. 5 So, can I turn to the chronology because I would 6 like to start by planning the background to this. In 7 particular we can see by reference to the chronology and 8 the documents which are attached in the paginated 9 bundle, the information which we are seeking. 10 I start by noting that on 28th September last year 11 the LDA served a section 2 notice on my clients Neptune 12 Wharf enclosing a requisition for information in respect 13 of the Lower Lea Valley regeneration area and 14 identifying White Road within it. 15 THE CHAIRMAN: Mr Village, excuse me, I do apologise for 16 interrupting but just skipping ahead of you -- having 17 had the opportunity now of just flicking over the first 18 few pages -- I see there is a considerable chronology 19 which may take some time to go through. 20 MR VILLAGE: Yes. 21 THE CHAIRMAN: I wonder at the direct relevance of that in 22 relation to the disclosure of specific documents which 23 I understand you are seeking. 24 MR VILLAGE: Yes, well -- 25 THE CHAIRMAN: I wonder whether we could actually go 5 1 directly to what you are seeking and then to back it up 2 as relevant with any of the background information. 3 MR VILLAGE: I am very happy to do that, sir, if that is the 4 way you prefer, but I would like at some stage to show 5 you the difficulties we have had in getting this 6 information. 7 THE CHAIRMAN: Can we deal with it on the basis that we will 8 go directly to the heart of the matter? If we manage to 9 resolve it this morning, then the issue of the 10 background is far less important. 11 MR VILLAGE: Yes. 12 THE CHAIRMAN: If we are not in a position where we are 13 going to resolve it, then I would invite you to go 14 through the background. 15 MR VILLAGE: Yes. I am very happy to do that, sir. 16 Can I just say this though, by way of perhaps 17 a counter proposal: what I will do is take it very 18 quickly, this -- I mean I can literally go through this 19 in a matter of about three or four minutes -- but I will 20 identify the information that we are requesting. I am 21 going to do that straightaway so you know exactly what 22 it is that we want. 23 THE CHAIRMAN: We will take a brief overview, then going to 24 specific items and coming back as necessary. 25 MR VILLAGE: Brief overview, specific items and if necessary 6 1 come back. I am happy to proceed on that basis. 2 You will see that we were served with these notices. 3 We made an application on 13th October 2005, various 4 requests for information. We had a really terrible, 5 miserable time trying to get anything out of the LDA: we 6 were constantly promised that the information was in the 7 post. It never arrived. Complaints were made to the 8 Information Commissioner. 9 We were told that things were going to be in the 10 post again. Chasing e-mails were made: no responses. 11 There were further chasing phone calls, chasing letters, 12 further e-mails seeking this information: nothing 13 arrived at all until 6th January 2006 in respect of 14 a request for information made on 13th October. 15 This is the briefest of overviews, sir, but it is 16 perfectly clear from that -- if one needs to go through 17 that -- that what was happening was that the LDA were 18 playing a game of cat and mouse. 19 THE CHAIRMAN: What I am anxious to establish is what 20 documents are outstanding -- 21 MR VILLAGE: Yes. 22 THE CHAIRMAN: -- and what is their likely relevance to the 23 Inquiry -- 24 MR VILLAGE: Right.
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