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ACCC/C/2011/61 United Kingdom

Case status: Findings adopted on 28.06.2013 – No non-compliance found; see para. 9 of Decision V/9 on general issues of compliance.
Follow-up: -
Topics: Definitions; Public participation; Access to justice.
Articles alleged: 3 (1), 3 (9); 6 (7); 9 (2)–(4).
Articles considered by the Committee: 2 (2); 6 (1) (a), 6 (2); 8; 9 (2).
Articles, if any, found in non-compliance: -
Summary: On 21 August 2011, a member of the public, Mr. Terence Ewing, submitted a communication to the Compliance Committee alleging that the United Kingdom of Great Britain and Northern Ireland failed to comply with articles 6 (7), 3 (1) and (9), 9 (2)–(4), as well as with article 3 (1) of the Convention, in relation to the planning and construction of the Crossrail project in the metropolitan London area.

Document   Status Date received or posted by the secretariat
Datasheet ACCC/C/2011/61   Latest datasheet on the status of the communication 06.08.2013
Determination on admissibility   At CC-34 25.09.2011

Communication and Covering letter

Town and Country Planning Act 1990

Town and Country Planning (General Development Procedure) Order 1995

Town and Country Planning General Regulations 1992

Planning (Listed Building and Conservation Areas) Act 1990

Planning (Listed Buildings and Conservation Areas)  Regulations 1990

Judicial Review procedure - CPR Part 54 and notes from current edition of the Supreme Court Practice 2011

Crossrail Bill

Crossrail Act 2008

Planning Policy Guidance 15 (PPG 15)

Planning Policy Statement (PPS 5)

Web-page - Westminster City Council Soho Conservation Area

Map of Soho Conservation Area

Web-page - Westminster City Council Hanways Street Conservation Area

Map of Hanways Conservation Area

Web-page - Transport for London Tottenham Court Road Station

Web-page - Crossrail unveils striking new Tottenham Court Road station design to transform West End and Soho

Screenshot - Crossrail picture of new Tottenham Court Road station

Web-page - London Connections - rebuilding Tottenham Court Road station

Web-page - London Reconnections - Crossrail at Tottenham Court Road

Web-page - Arthur - The Music Hall and Theatre History Website - Astoria and Charing Cross demolition


a) Former junction of Charing Cross Road and Oxford Street 1

b) Former junction of Charing Cross Road and Oxford Street 2

c) Former Astoria theatre 1

d) Former Astoria theatre 2

e) Former Astoria theatre 3

f) Grade II listed Dominion cinema opposite in Tottenham Court Road

g) Buildings opposite development site at junction of Tottenham Court Road and Oxford Street

  From the communicant 21.08.2011
Letter to the Party concerned   From the secretariat 18.10.2011
Letter to the communicant after CC-35   From the secretariat 06.02.2012
Response from the communicant   From the communicant 04.03.2012
Response from the Party concerned   From the Party concerned 16.03.2012
Invitation to the Party and to the communicant for the discussion of the communication at CC-37   From the secretariat    10.05.2012
Further submissions   From the communicant 01.06.2012
Statement at CC-37   From the Party concerned 26.06.2012
Letter to parties after CC-37 (discussions)   From the secretariat 05.07.2012
Letter to parties with questions after CC-37 (discussion)   From the secretariat 10.09.2012
Response to the Committee's questions (see below annexes sent on 12.11.2012)      From the Party concerned 01.10.2012

Comments from the communicant

Annex (zip archive)

  From the communicant 17.10.2012

Additional comments from the communicant

BBC news website

  From the communicant    18.10.2012
Annex 1 and Annex 2 to Response of 01.10.2012   From the Party concerned 12.11.2012

Draft findings and letter to the parties


From the secretariat

Comments on draft findings   From the communicant 07.06.2013 (rev. 26.06.2013)
Comments on draft findings   From the Party concerned 07.06.2013


Findings and letter to the parties

  From the secretariat 16.07.2013