INQ5 HIGH SPEED RAIL (LONDON – WEST MIDLANDS)(GREATMOOR RAILWAY SIDINGS ETC.) ORDER 201[X] (“the Order”) COMPLIANCE PACK Submitted on behalf of High Speed Two (HS2) Limited in support of confirmation of compliance with statutory formalities Eversheds Sutherland (International) LLP One Wood Street LONDON EC2V 7WS Tel: 020 7919 4500 Fax: 020 7919 4919 1. The Act 1.1 Application was made by High Speed Two (HS2) Limited (“HS2 Ltd”) in accordance with section 6 of the Act for the Order (CD/2) to be made under sections 1 and 5 of the Act. 2. Transport and Works Act (Applications and Objections Procedure)(England and Wales) Rules 2006 2.1 The procedure for submitting an application for an Order under the Act is contained in the Applications Rules (CD/19) made under the Act. 2.2 The application for the Order (CD/2) was made to the Secretary of State for Transport (“The Secretary of State”) on 9 August 2016 in accordance with Rules 9, 10, 11, 12, 13, 14 and 15 of the Applications Rules (Appendix 1). Prior to this, a copy of the proposed draft Order and Explanatory Memorandum were supplied to the Secretary of State (Appendix 2) on 8 July 2016 in accordance with Rule 5(1) of the Applications Rules. 2.3 In accordance with Rule 14 of the Applications Rules, notice of the application for the Order was published in the following newspapers on the following dates: Bucks Herald 3 and 10 August 2016 (Appendix 3) Buckingham and Winslow Advertiser 5 and 12 August 2016 (Appendix 4) London Gazette 9 August 2016 (Appendix 5) 2.4 In accordance with the newspaper notice published in the Bucks Herald and the Buckingham and Winslow Advertiser mentioned in paragraph 2.3 above (“the Newspaper Notice”), copies of the application and of all other documents submitted with it were made available for public inspection at Winslow Community Library, Buckingham Library and Steeple Claydon Library at the times mentioned in the Newspaper Notice. The Newspaper Notice and notices displayed at the aforementioned venues confirmed how copies of those documents could be obtained in accordance with Rule 14(10) of the Application Rules (Appendix 6). 2.5 A copy of the application together with copies of every relevant document required to accompany it in accordance with Rule 13(8) of the Application Rules (including the statement required in accordance with Rule 13(8)(j)) were served in accordance with Rule 13(1) and (3) on those bodies required to be served on 9 August 2016 (See Appendix 7 for the list of bodies). 2.6 Notice in accordance with Rule 14(4) of the Applications Rules, containing information specified in Rule 14(5), including a statement as to the capacity in 1 which the recipient was being served, was served by first class post on 9 August 2016 upon those bodies required to be served (see Appendix 8 for list of bodies). 2.7 In accordance with Rule 14(6) of the Applications Rules, notice (in the form of Form 2 in Schedule 2 to the Rules) was displayed upon or as close as reasonably practicable to the proposed site of the works to be authorised by the Order, and in pursuance of Rule 14(9), was subsequently maintained to 21 September 2016 (Appendix 9). 2.8 In accordance with Rule 14(7) of the Applications Rules, notice (in the form of Form 3 in Schedule 2 to the Rules) was displayed upon the right of way or street at, or as close as reasonably practicable to each point of proposed stopping-up, diversion or restriction on the use of a right of way or street, and in pursuance of Rule 14(9), was subsequently maintained to 21 September 2016 (Appendix 10). 2.9 In accordance with Rule 15(1) of the Applications Rules, notices (in the form of Form 5 in Schedule 2 to the Application Rules) of the application were served by first class post on 9 August 2016 upon all those named in the Book of Reference (CD/11) accompanying the application for the Order. An example of the notices so served is attached at Appendix 11 together with a postal list of the persons and bodies served. 3. Post Application 3.1 In accordance with Rule 10(8) of the Applications Rules compliance with the relevant Application Rules were supplied to the Secretary of State in the form of sworn affidavits on 14 September and 7 and 10 October 2016 and was acknowledged by the Department for Transport by letters dated 19 September and 10 October 2016 (Appendix 12). 4. Objections 4.1 The period for making objections and representations commenced on 9 August and expired on 21 September 2016. 5. Transport and Works (Inquiries Procedure) Rules 2004 5.1 Following receipt of objections to the Order, by letter dated 18 October 2016, the Secretary of State gave notice of his decision to hold an Inquiry into the application for the proposed Order (Appendix 13). The Secretary of State also gave notice in the same letter that, in accordance with Rule 7(1) of the Inquiries Rules, HS2 Limited’s Statement of Case (CD/15) was required to be served on him and on each statutory objector and on each person who is required to serve 2 a Statement of Case under Rule 7(3) of the Inquiries Rules no later than 13 December 2016. 5.2 In a subsequent letter dated 26 April 2017, the Secretary of State gave notice of the date, time and place for the holding of an Inquiry and a pre-Inquiry meeting and the statement of matters served under Rule 7(6) of the Inquiry Rules (Appendix 14). 6. British Agricultural Services Limited 6.1 Following the Application, it was brought to HS2 Ltd’s attention that a restrictive covenant for the benefit of British Agricultural Services Limited (“BASL”) affects land within the Order Limits. The BASL restrictive covenant arises from a previous transfer relating solely to the transfer to BASL of minerals in the subsoil of land within the Order Limits but without the right to extract them. The terms of the restrictive covenant impact upon the use of land within Order Limits for the purposes of the proposed TWA Order. The effect of the TWA Order, if confirmed, will be to override the BASL restrictive covenant. 6.2 As the Book of Reference which was prepared by HS2 Ltd with all due diligence did not reference BASL, BASL were not served with a Rule 15 notice (see Appendix 11) at the time of the Application. 6.3 Rule 14(4) and Schedule 6 of the 2006 Rules sets out further categories of people upon whom notice must be served in the event of the circumstances arising and set out in Schedule 6 including those in Category 16 being:– “16. Any person, other than a person who is named in the book of reference described in Rule 12(8), whom the applicant thinks is likely to be entitled to make a claim for compensation under section 10 of the Compulsory Purchase Act 1965 if the order is made and the powers in question are exercised, so far as it is known to the applicant after making diligent inquiry.” 6.4 Category 16 of Schedule 6 to the 2006 Rules may apply to BASL by virtue of the restrictive covenant though this is questionable given the nature of the restrictive covenant and the limited interest it confers on BASL. 6.5 However, HS2 Ltd determined to adopt a cautionary approach and served BASL on 5 April 2017 with a Notice in accordance with Rule 14(4) of the Applications Rules and presented BASL with an opportunity to object to the TWA Order within a shortened 21 day period (Appendix 15). This approach was agreed by the TWA Orders Unit on 3 April 2017 (Appendix 16). 6.6 The 21 day period for submitting objections expired on 27 April 2017 and no objections were submitted by BASL during that period. 3 7. Statement of Case 7.1 HS2 Limited’s Statement of Case (CD/15) was served upon the Secretary of State by hand on 13 December 2016. In addition HS2 Limited also served by courier HS2 Limited’s Statement of Case on each statutory objector and person who notified the Secretary of State of his intention or wish to appear at the Inquiry on 13 December 2016. (See Appendix 17 for the postal list of the persons and bodies served). 7.2 In accordance with Rule 7(2)(a) of the Inquiries Rules, HS2 Limited also served on the Secretary of State with its Statement of Case a copy of every document intended to be referred to or put in evidence at the Inquiry (“the Core Documents”) (see Appendix to the Statement of Case (CD/15)) together with a copy of the notice referred to below. 7.3 In accordance with Rule 7(2)(b) of the Inquiries Rules, HS2 Limited served upon each statutory objector with its Statement of Case, notice of where a copy of every document included in the Core Documents may be inspected free of charge (see Appendix to the Statement of Case (CD/15)). 8. Proofs of Evidence 8.1 In the letter dated 26 April 2017 (Appendix 14), the Secretary of State requested that proofs of evidence (summaries, appendices and supporting reference material) be submitted by Tuesday 20 June 2017. This date for the submission of proofs of evidence was confirmed by the Inspector for the Inquiry in the pre-Inquiry meeting note issued on 27 April 2017.