1. Claimants 2. Rohan Perinpanayagam 3. First 4. RP2 5. Date: June 2020
Claim No: PT-2018-000098
IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS PROPERTY, TRUSTS AND PROBATE LIST (ChD)
B E T W E E N:
(1) THE SECRETARY OF STATE FOR TRANSPORT (2) HIGH SPEED TWO (HS2) LTD Claimants/Applicants
-and-
(1) PERSONS UNKNOWN ENTERING OR REMAINING WITHOUT THE CONSENT OF THE CLAIMANT(S) ON LAND AT HARVIL ROAD, HAREFIELD IN THE LONDON BOROUGH OF HILLINGDON SHOWN COLOURED GREEN, BLUEAND PINK AND EDGED IN RED ON THE PLANS ANNEXED TO THE AMENDED CLAIM FORM (2) PERSONS UNKNOWN SUBSTANTIALLY INTERFERING WITH THE PASSAGE BY THE CLAIMANTS AND THEIR AGENTS, SERVANTS, CONTRACTORS, SUB-CONTRACTORS, GROUP COMPANIES, LICENSEES, INVITEES OR EMPLOYEES WITH OR WITHOUT VEHICLES, MATERIALS AND EQUIPMENT BETWEEN THE PUBLIC HIGHWAY AT HARVIL ROAD, HAREFIELD IN THE LONDON BOROUGH OF HILLINGDON SHOWN COLOURED ORANGE AND THE LAND AT HARVIL ROAD SHOWN COLOURED GREEN, BLUE AND PINK AND EDGED IN RED ON THE PLANS ANNEXED TO THE AMENDED CLAIM FORM
(3) to (33) THE NAMED DEFENDANTS LISTED IN THE SCHEDULE TO THE ORDER OF THE HON MR JUSTICE FANCOURT DATED 21 MAY 2020
Defendants / Respondents
EXHIBIT “RP2” TO THE SECOND WITNESS STATEMENT OF ROHAN PERINPANAYAGAM
1 Pond
L Twr
B
R
E
A
K Pond S P
E
A
R
R
O
A
Rose Farm House D
N
O
R
T
H
50.9m Pond
k c a r T P a th Lower Lodge (u Harefield m ) Moor
GP Pond
NE H LA BUS FINE
Oak Cottage Pond
Pond
Pond Drain Pond
Pond
The Homestead C111_046
36.6m 4 7 Ponds .9 m
L Water T E
G
r a Jetties Dr n ain
d
T
o U P w a n i Pond n t h ) g m i (u o ( h u at P P n m a
t ) h Landing Stages 43.0m
P ath (u m)
C 48.5m
a
n
a
l
48.2m Harefield Civic 199 k Trac Amenity Site T r a c k
D A O R R A E P S
K
1
A 1 6
WB in E 6 a R r B D
36.6m
2 2 0 D 0 rain
B
R
E
A
K
S
P
E
A
R
D
2
R 2 4 4
A O T
A O r D St Leonard's Farm a
R S c
O L k
U I
T
V H
R 1
A 2 Newyears Green
H
3 52.1m
4 46.3m
2 2
9 9
6 6
6 The Bungalow 6
64.0m NEWYEAR S GREEN LANE
45.7m 55.8m Highview Bungalow E AN L El Sub Sta N
EE
3
R 3 4
G 4 S Briar Cottage AR E 7 Y 5 Water W 6 Issues E 5 N 5 Pylon Farm 5
Highway Farm Ruins Highview Farm 2 NEW 5 YE Mast ARS Elm Tree Farm
GR
3
E 3 9 E (Telecommunication) 9 N L
AN 40.2m 54.3m
1 1
5 E 5
5 5
4 4
3 3 4 4
4 4 4 4
2 2
4 Newyears Green 4 Tank
Waste Transfer Station
0 0
4
48.8m 4 4 4
4 Dogs Trust Rehoming Centre 4
1 1
7 7
1
0 1 6 Track 6
1
1 1
8 8 5 3 1 1
4
Dews Lane 1
9 9 3 3
7 7 3 3
8 8
3 3
2 2
3 3
2 2
4 4
4
53.0m 4 9 9
2
9 2
5 5
5 5
1 Pond 1 Pond Pond Tk 7
44.8m Tks
7
Crows Nest 7
8 8 Farm 3
5 E 6 V I 53.9m R D
Y
1 1
B
2 2 1
N 1
3 3 O Breakspear L L EAM
A ONT
2 2 1 1 2
FBs Arms 2 CL
7 7 O Scrap Yard (PH) SE
The Shrubs
5 5
7 7
9 9 1 Dew's Farm Cottages 1
New Years
0 0 2 50.6m 2
1
1 9 4 Green Farm 4
1
3 3 1
1 D 1
ROA 1 2 2 R PEA AKS
Newyears Green BRE 8
Garage 8
9 9 Tr ack 51.2m G T LOV ERS G r Dew's Dell El Sub Sta ROVE a
c Crows Nest Farm
k k c 39.3m ra S232_042 T
The Alders P a t h
( u m
)
P Landing Stage at h ( um 50.0m T ) r a c S232_069 k
Old Crows Nest
T
r Ppg Sta a c Pond S232_044 k Landing Stage FB Braemar Farm Club El Sub Sta Dews Farm
Lake Landing Stage
T
r a
c
k FB S232_036 Mast West Gate 3 Entrance (Telecommunication) Landing Stages
H
T Pond U FB O
S
D
A
O
R
R
A
E
P
S
K
A
E
R
B Jetty P at h ( um ) S232_064 48.2m
Pond Newyears Green Covert 39.0m S232_036 Water C111_112
) Path (um Pond
E N Merry Acre A L 46.9m N IL K E Pond L IL T T Woodbine
E The Corner S232_051 Protestor Cottage Silver Birches Encampment. Anneville
Tile Kiln
V Beaufort iadu T c I t L E C111_002 K I L N
L A N E P a t h
( u m
) 41.8m Easton Ride
MP 0.0
El Sub Sta Trespassers North Compound Entrance Will
Pond Faragha
MP 3.75 G H
A r R a 40.2m V n I L d R n io O t ta U A S D g n in p m i u The Paddock o P T
o n Friars Pardon Boundary Oak in w ra C Slipway D i n
Widows Cruise Covert g a
P n a
t h a
l Drain FB
1 Mast (Telecommunication) 3
6 Square Orchard Grays Cottages MP 3.5 S232_083 Conveyor 55.2m Dunster Cottage R ive r P in S232_005 41.5m n Factory WBs Factory
Path
S D K ra IP Tanks in Pond LA NE FB SP P a th
(u m SP )
MP 3.25
FB
P T a t r h
a
Footbridge c
k
FB FBs Drain El Sub Sta D r a in 40.2m k c
a r
T Oil Distribution Depot S232_040 Pond MP 3.0 S232_083 FB Pond Posts S232_055
H T U Gatemead Farm O S D A O R R A E P S K e A E n R l FB B o 36.6m C r e iv R South Compound Entrance 39.9m D
r a
i n Lake Pond
Pond Tanks Pond
ath FB P Ruislip Golf Course S232_043 MP 2.75 S232_084 S232_083 ) m Flagmoor u (
h t a Covert P Brackenbury Barn S232_056
Ruin Copthall Covert S232_043 39.9m
MP 2.5
Pa Shorthill th (um) Cottage Mast River P 64.3m inn (telecommunication) Brackenbury House
Moat FB P ath Drain (um)
Brackenbury Farm FB FB FB Drain FB m) (u th Pa S232_052
Pa th (u m)
8 Pond 15
th a SP 1 P Pond 46
HOYLAKE CRES CENT
0
7
1
1 1 7 7 3 3
Path (u 77 1
m) 1 6 6
1 1
1
1 SP 7 7 9
9 79 40.5m 6 13 7 4
1
1 1
8 8
3 3
3 3
12 2 8 El Sub Sta 1 26 0 a 8
1
87
3 3 7
1 7 FB 26
E ) S m Playing Field P MP 80.0 u O a ( L t th C h a 7 ( P R 5 u E m 0 T ) 1 S 41.8m E
11 H
1
The 4 C 1
3 N 3 Y 95
Rose Cottage P
1 1
1 1 4
Track 4
1 1
1 1
2 2 1
14 T 1
1 H
9
9 E
5 5 G
RE
5 5 E
9 9 NW A T H Y
rack T
U
9
O 9 8 8
5 5 1 S 1
D 4 9
S232_065 A 1
O
3 3
2 R 2 R 44.2m A
E
1 P 1
0
S 0 6
K 6 A 44.8m 54.9m E Foot R
Denham Court B
1
Garden Cottage Bridge 1 3
2
2 4 0 0
45.1m 2
9 2 0
8 0
9 9 Weir 41.8m 1
0
FB 9
0
7
2
9 Lake 9 0
7 9 9
El Sub Sta Ic ke Lake n 1 h EAD 8 a THE M m G re e
n
1
1 F 0
0 IELD CL 8 8 OSE
2 Fn 9 Cricket Ground 2
4
8 8
1
0 0
2
2 2 1
9
T
o
7 7
6 6
w 9
El Sub Sta 9
6 6
i n Pavilion
g
9 9
2 2 P
a
t 2
C
1 1
h
2
9 9 O 5 P Mad Field Covert T
H
A
L H L
O
R Y 8 O 4 L 4 A A 2
D K
46.3m E W
R C
E
i R S v
e E T r S
P C i n E n N
Mast (telecommunication) T
7 9 9
2 6 6
8
6 LB 7 41.8m 8
8
Moat 2 9 9 4
Weir The 95 4 Bungalow P
a
t h 3 Club House 6 (
u 62 m 2 2
2 Club House 2
) 2
2 LB k Brackenbury LOSE 42.1m c BUSHEY C a Cottage r C 39.9m T
o 3
3
3 4
1
5 1
5 a 6 w 6
58.8m 6 6
7 0
6
m 0 6
9 9
2 0 C 0
Buckinghamshire Golf Club o op 9
tha 9 8 ll C 8 o otta
ge 7 3 r s The Breakspear 4 0
7 7 4
4 5 5
C
2 2
2 2
7 P 7 5
a 2 School 5 o (um) t Registered office: Two Snowhill, Snow Hill Queensway, B Map Name U h The Lodge
v ath
P S
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5 1 5 R
5 Birmingham B4 6GA. 5
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5
V 5 5 Harvil Farm 5 I Company registration numL ber: 06791686.
R
a
Schedule 16 notice served and possessed or entitled to possess O a
1
Public highways 1
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8
A 8 7 5 7
3
0 3 5
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FB VAT registration number: 181 4312 30. 44.8m Outfall 5
3 3
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7 T T 7
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3 36.6m 3
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The a A
Copthall A
L L Y Cottages Y
5 4
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3 Farm H HS2 Ltd accept no responsibility for any circumstances, H
HILTERN CLOSE 7 3 3 C
2
2 2
9 9
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3
3 3 3 2
Golf Course 2 Acquired by agreement or through dFB iscretionary schemes or statutory blight whicharise from the reproduction of this map after Plan A Woodlands
3
E 6
Scale at A0: 1:2,500 V 2
I 3 1 1 alteration, amendment or abbreviation or if it is issued R 5
FB D DLAND CLOSE 7
7 WOO
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7 E 4 6 G 0
R in part or issued incomplete in any way. O E H 5
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© Crown copyright and database rights 2018
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Doc Number: Date: 15/06/2020 1 y Vie w Ho use 5
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0 2 2 4 Claim No: PT-2018-000098
IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS PROPERTY, TRUSTS AND PROBATE LIST (ChD)
Before: David Holland QC (sitting as a deputy judge of the High Court) On: 13th, 14th and 16th May 2019
B E T W E E N:
(1) THE SECRETARY OF STATE FOR TRANSPORT (2) HIGH SPEED TWO (HS2) LTD Claimants/Applicants
-and-
(1) PERSONS UNKNOWN ENTERING OR REMAINING WITHOUT THE CONSENT OF THE CLAIMANT(S) ON LAND AT HARVIL ROAD, HAREFIELD IN THE LONDON BOROUGH OF HILLINGDON SHOWN COLOURED GREEN, BLUE AND PINK AND EDGED IN RED ON THE PLANS ANNEXED TO THE AMENDED CLAIM FORM (2) PERSONS UNKNOWN SUBSTANTIALLY INTERFERING WITH THE PASSAGE BY THE CLAIMANTS AND THEIR AGENTS, SERVANTS, CONTRACTORS, SUB- CONTRACTORS, GROUP COMPANIES, LICENSEES, INVITEES OR EMPLOYEES WITH OR WITHOUT VEHICLES, MATERIALS AND EQUIPMENT BETWEEN THE PUBLIC HIGHWAY AT HARVIL ROAD, HAREFIELD IN THE LONDON BOROUGH OF HILLINGDON SHOWN COLOURED ORANGE AND THE LAND AT HARVIL ROAD SHOWN COLOURED GREEN, BLUE AND PINK AND EDGED IN RED ON THE PLANS ANNEXED TO THE AMENDED CLAIM FORM (3) SARAH GREEN (4) MARK KEIR (5) GRAHAM MARSH (6) SOFIA KAZI (7) THORN RAMSAY (8) VAJDA ROBERT MORDECHAJ Defendants / Respondents
ORDER
PENAL NOTICE
IF YOU THE WITHIN NAMED DEFENDANTS OR ANY OF YOU DISOBEY THIS ORDER YOU MAY BE HELD TO BE IN CONTEMPT OF COURT AND MAY BE IMPRISONED, FINED OR HAVE YOUR ASSETS SEIZED
1
5 IMPORTANT NOTICE TO THE DEFENDANTS
This Order prohibits you from doing the acts set out in this Order. You should read it very carefully. You are advised to consult a solicitor as soon as possible. You have the right to ask the Court to vary or discharge this Order.
UPON the Claimants’ application by Application Notice dated 25 April 2019 (“the Application”)
AND UPON the Claimants withdrawing their application to add Laura (aka Lora) Hughes as the Ninth Defendant to these proceedings
AND UPON hearing: (i) Tom Roscoe, counsel for the Claimants; (ii) the Third Defendant, Sarah Green, in person: (iii) Paul Powlesland, counsel for the Fourth Defendant; and (iv) the Eighth Defendant, Vajda Robert Mordechaj, in person, and Sarah Green, Mark Keir and Vajda Robert Mordechaj being present in Court upon the making of this Order
AND UPON the Court accepting the Claimants’ undertaking that the Claimants will comply with any order for compensation which the Court might make in the event that the Court later finds that this Order has caused loss to a Defendant and the court finds that the Defendant ought to be compensated for that loss
AND UPON the Claimants confirming that this Order is not intended to prohibit continued occupation of the “Protestor Encampment” on Harvil Road, marked on the Plan annexed to this order (“the Plan”)
AND UPON the Claimants confirming that they were not seeking their costs of the hearing on 13th, 14th and 16th May 2019 against any named defendant
IT IS ORDERED THAT:
Amendment & Parties
1. The Claimants have permission: (i) to amend the names of the First and Second Defendants to the form set out in the heading to this Order; and (ii) to amend the Claim Form in these proceedings to the form of the draft Amended Claim Form appended to the Application.
2
6 2. The Third to Eight Defendants be removed as parties, with no order as to costs of the proceedings against them.
3. The said amendments and additional and removal of parties shall take effect immediately, and further service of the Amended Claim Form is dispensed with.
Service by Alternative Method
4. Pursuant to CPR r. 6.27, the steps that the Claimant has taken to bring the Application to the attention of the Defendants, as outlined in the Fourth Witness Statement of Ms Julie Dilcock dated 8 May 2019 shall amount to good and proper service of the proceedings on the Defendants and each of them.
Injunctions
5. Upon service of this Order in accordance with paragraphs 10 to 14 below, the injunctions at paragraphs 2 to 4 of the Order of this Court in these proceedings dated 19 February 2018 shall be discharged and shall be replaced with the injunctions at paragraphs 6 to 9 below.
6. With immediate effect, and save in exercise of a right to pass and repass over public footpaths or bridleways crossing the land and save for passage over the lane known as and marked on the Plan annexed to this order (“the Plan”) as Dews Lane, the First Defendant and each of them are forbidden, without the consent of the First or Second Claimant, from entering or remaining upon “Land at Harvil Road”, being the land shaded green, blue and pink and outlined red on the Plan (“the Harvil Road Site”). Further:
6.1 This paragraph of this Order shall, for the avoidance of doubt, apply to the splays, or bell-mouth areas, for access and egress between the Harvil Road Site and the public highway at the vehicular entrances marked on the Plan as “West Gate 3 Entrance”, “North Compound Entrance” and “South Compound Entrance” (“the Vehicular Entrances”).
6.2 For the purposes of this Order the areas of concrete hard standing immediately adjacent to the main carriageway of the pubic highway at each of the Vehicular Entrances shall NOT be treated as part of the
3
7 Harvil Road Site, but the areas of the bell-mouths between that concrete hard standing and the gates at the Vehicular Entrances SHALL be treated as part of the Harvil Road Site and covered by this paragraph of the Order.
6.3 The Claimants shall seek, so far as reasonably practicable, to demark that boundary by some physical line or mark or other feature on the ground.
7. With immediate effect, the Second Defendant and each of them are forbidden from substantially interfering with the Claimants’ and/or their agents’, servants’, contractors’, sub-contractors’, group companies’, licensees’, invitees’ or employees’ access to (or egress from) the Harvil Road Site (or any part of it) from (or to) the public highway at Harvil Road, Harefield in the London Borough of Hillingdon.
8. For the purposes of paragraph 7, acts of substantial inference shall include (but not necessarily be limited to):
8.1 climbing onto or underneath vehicles;
8.2 attaching persons or objects to vehicles;
8.3 standing, sitting or lying in front of vehicles;
8.4 attaching persons to other persons or objects so as to create an obstruction of the public highway or the splay or bell-mouth areas at the Vehicular Entrances;
8.5 attaching persons or objects to the gates at the Vehicular Entrances.
9. The orders at paragraphs 6 to 8 above shall:
9.1 apply to the individuals who were formerly the Third to Eighth Defendants if and to the extent that their actions bring them within the descriptions of the First and/or Second Defendants; and
9.2 remain in effect until trial or further order or, if earlier, a long-stop date of 1 June 2020.
4
8 Service of the Order
10. Pursuant to CPR r. 6.27 and r. 81.8 service of this Order on the First and Second Defendants shall be dealt with as follows:
10.1 The Claimants shall affix sealed copies of this Order in transparent envelopes to posts, gates, fences and hedges at conspicuous locations around the Harvil Road Site, including at and opposite the Vehicular Entrances.
10.2 The Claimants shall position signs, no smaller than A3 in size, advertising the existence of this order and providing the Claimant’s solicitors contact details in case of requests for a copy of the order or further information in relation to it.
10.3 The Claimants shall also leave sealed copies of this Order at the protestor campsite marked on the Plan.
10.4 The Claimants shall further advertise the existence of this order in a prominent location on the websites: (i) https://hs2inhillingdon.commonplace.is/; and (ii) https://www.gov.uk/government/organisations/high-speed-two-limited, together with a link to download an electronic copy of this Order.
11. The taking of such steps shall be good and sufficient service of this Order on the First and Second Defendants and each of them.
12. This Order shall be deemed served on those Defendants the date that the last of the above steps is taken, and shall be verified by a certificate of service.
13. The Claimants shall from-time-to-time (and no less frequently than every 28 days) confirm that copies of the orders and signs referred to at paragraphs 5.1 and 5.2 remain in place and legible, and, if not, shall replace them as soon as reasonably practical.
14. The Court will provide sealed copies of this Order to the Claimants’ solicitors for service (whose details are set out below).
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9 Further directions
15. No Defendant shall be required to file an acknowledgment of service. Further:
15.1 Any Defendant (or individual who does or may by their future acts or conduct fall within the definition of the First or Second Defendant) who wishes to contest the claim as amended shall file and serve on the Claimant’s solicitor an acknowledgement of service on the Claimant’s solicitors (whose details are set out below) and a witness statement outlining their interest in this matter and the nature of or grounds for that contest by 4pm on 13 June 2019.
15.2 In the case of an individual who is not already named as a Defendant, that person must provide their full name and address, an address for service, and must also apply to be joined as a named defendant to the proceedings at the same time.
16. The Defendants or any other person affected by this order may apply to the Court at any time to vary or discharge it but if they wish to do so they must inform the Claimants’ solicitors immediately (and in any event not less than 48 hours before the hearing of any such application).
17. Any person applying to vary or discharge this order must provide their full name and address, an address for service, and must also apply to be joined as a named defendant to the proceedings at the same time.
18. In the event that any acknowledgments of service or applications are filed or served pursuant to paragraph 15 above, the Claimants shall notify the Court in writing and seek the listing of a directions hearing.
19. The Claimants have liberty to apply to extend or vary this Order or for further directions.
20. Save as provided for above, the Claim be stayed generally with liberty to restore.
Costs
21. There shall be no order as to the costs of these proceedings to date.
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10 22. If the Claimants intend to seek a costs order against any person in respect of any future applications in these proceedings or any future hearing, then they shall seek to give reasonable advance notice of that fact to that person.
Communications with the Court
23. All communications to the Court about this Order (which should quote the case number) should be sent to:
Court Manager High Court of Justice Chancery Division Rolls Building 7 Rolls Building Fetter Lane London EC4A 1NL
The telephone number is 020 7947 7501. The officer are open weekdays 10.00am to 4.30pm. The out of hours telephone number (for urgent business only) is 020 7947 6260.
24. The Claimants’ solicitors and their contact details are:
Eversheds Sutherland (International) LLP of:
1 Callaghan Square Cardiff CF10 5BT
DX: 33016 Cardiff Tel: 020 7497 9797 Ref: DILCOCJ/335547-000045
AND UPON the Fourth Defendant’s application, made orally by Mr Powlesland, for permission to appeal
25. Permission to appeal is refused
26. This order will be served by the Claimant on the Defendants
Service of the order
The Court has provided a sealed copy of this order to the serving party:
Eversheds Sutherland (International) LLP of:
7
11 1 Callaghan Square Cardiff CF10 5BT
DX: 33016 Cardiff Tel: 020 7497 9797 Ref: DILCOCJ/335547-000045
8
12 The electronic official copy of the register follows this message. Please note that this is the only official copy we will issue. We will not issue a paper official copy.
13 Title number AGL492136 Edition date 15.11.2019
– This official copy shows the entries on the register of title on 10 MAR 2020 at 12:34:15. – This date must be quoted as the "search from date" in any official search application based on this copy. – The date at the beginning of an entry is the date on which the entry was made in the register. – Issued on 10 Mar 2020. – Under s.67 of the Land Registration Act 2002, this copy is admissible in evidence to the same extent as the original. – This title is dealt with by HM Land Registry, Wales Office.
A: Property Register This register describes the land and estate comprised in the title. HILLINGDON 1 (13.07.1939) The Freehold land shown edged with red on the plan of the above title filed at the Registry and being Land on the west side of Harvil Road, Harefield, Uxbridge. 2 (30.10.2019) The mines and minerals together with ancillary powers of working are excepted (paragraph 4(2) of Schedule 6 of the High Speed Rail (London - West Midlands) Act 2017) 3 The pumping main and the electricity line and apparatus in the positions approximately indicated on the title plan by a brown broken line and a blue broken line respectively are excluded from the title and no right is included in this title which is inconsistent with the following clause in a conveyance of this land dated the 4th of July 1939 by Leslie Stuart Rose and others (the personal representatives of George Rose who died on the 28th of February 1938 and therein called the Vendors) to the County Council of the Administrative County of Middlesex. "IT IS HEREBY FURTHER DECLARED by the parties hereto that no right of light or air or other easement shall pass or be deemed to pass by virtue of this Conveyance which shall in any way prevent or interfere with the development of the adjoining land now held by the Vendors as such Personal Representatives as aforesaid for building purposes or prevent the Vendors their successors or assigns from erecting buildings thereon as they may think fit." 4 The land has the benefit of the following rights reserved by the Transfer dated 22 October 1990 referred to in the Charges Register:- "THE property is transferred:- Subject to the rights specified in the Second Schedule to this Transfer THE SECOND SCHEDULE 1. All rights of way and passage of water gas or other piped fuel the drainage and disposal of water sewage smoke or fumes the use and maintenance of the pipes and installations for the said passage drainage and disposal hereby specified and the use and maintenance of cables and other installations for the supply of electricity (and for the use of any telephone) or the receipt directly or by landline of 1 of 6 14 Title number AGL492136 A: Property Register continued visual or other wireless transmission and which serve not only the Property but also adjoining or neighbouring properties and the right of support for any buildings or any part of a building and the access of light and air to any building or part of a building All to the extent that the same are necessary as specified in paragraph 2(2) of the Sixth Schedule to the Act TOGETHER with the right of entry for the Council and all persons authorised by it and the owners and occupiers of such adjoining or neighbouring properties onto the Property or any part thereof for the purpose of inspecting repairing maintaining and cleansing the said pipes installations and cables used jointly with the Property the persons exercising such rights doing as little damage as possible and making good all damage done occasioned to the Property by the exercise of such rights 3. The right for the Council and its successors and assigns within 80 years after the date of this Transfer to connect up any such pipes installations and cables as are referred to in paragraph 1 above. PROVIDED that the exercise of all rights specified in paragraphs 1 2 and 3 of the Schedule shall be subject to the contribution by those claiming to exercise the same of a share of reasonable costs on a like basis to that specified in the proviso to the First Schedule hereto" 5 The land has the benefit of the rights reserved by the Transfer dated 17 December 1990 referred to in the Charges Register which rights are identical with those reserved by the Transfer dated 22 October 1990 referred to above. 6 The land has the benefit of the rights reserved by the Transfer dated 19 August 2002 referred to in the Charges Register which rights are identical with those reserved by the Transfer dated 22 October 1990 referred to above.
B: Proprietorship Register This register specifies the class of title and identifies the owner. It contains any entries that affect the right of disposal. Title absolute 1 (30.10.2019) PROPRIETOR: THE SECRETARY OF STATE FOR TRANSPORT of The Department for Transport, Great Minster House, 33 Horseferry Road, London SW1P 4DR.
C: Charges Register This register contains any charges and other matters that affect the land. 1 The following Conveyances of the land referred to below contain restrictive covenants by the Vendor affecting respectively the land in this title or the parts thereof referred to in such Conveyances:-
29.1.1930 Harefield Place and 1. George Rose (Vendor) adjacent land 2. Barclays Bank Limited containing 22a.2r.Op. 3. Horatio Greenfield or thereabouts. (Purchaser) 28.11.1935 Tinted mauve on 1. George Rose (Vendor) the title plan 2. The North Central Wagon Company Limited 3. Harmans Uxbridge Brewery Limited (Purchasers) Copies of the covenants above referred to are set out in the Schedule of Restrictive Covenants hereto. 2 The roadways or strips of land tinted blue on the title Plan are
2 of 6 15 Title number AGL492136 C: Charges Register continued subject to rights of way. 3 So far as affected thereby the land in this title together with other land of greater value is subject to an annual payment of £24 to the Perpetual Curate of Harefield but with the benefit of a covenant contained in a Deed dated 17 October 1877 made between (1) Charles Newdigate Newdegate and (2) Henry Richard Cox whereby the said annual sum was made payable in respect of other land in exoneration of the land in this title. 4 The part of the land affected thereby is subject to rights in connection with a pumping main in the position approximately indicated on the title plan by a broken brown line granted by a Deed dated 15 March 1929 made between George Rose (therein called the Vendor) of the first part Barclays Bank Limited of the second part and the Rural District Council of Uxbridge (therein called the Council) of the third part and to the covenant on the part of the said George Rose therein contained. NOTE: Copy deed filed under MX119237. 5 The land is subject with other land to a perpetual annual rentcharge of £24 created by a deed dated the 17th October 1877 made between Charles Newdigate Newdegate of the one part and Henry Richard Cox of the other part in favour of the perpetual curate of Harefield. 6 A Conveyance dated 28 November 1935 made between (1) George Rose and his mortgagees and (2) Harmans Uxbridge Brewery Limited contains the following covenants:- not at any time hereafter to use or permit to be used the premises or any part thereof or any building now or hereafter to be erected thereon for the trade or business of a licensed victualler or seller of beer and/or wines and spirits. 7 The parts of the land affected thereby are subject to the rights to lay construct erect use maintain and renew mains or pipes for the transmission or storage of gas or other materials and all necessary apparatus ancillary thereto granted by a Deed dated 23 February 1972 made between (1) The Mayor Aldermen and Burgesses of The London Borough of Hillingdon and (2) North Thames Gas Board. The said deed also contains restrictive covenants. NOTE: Copy filed under MX123958 (NGL) 8 The part of the land affected thereby is subject to the rights granted to the Central Electricity Board in connection with the electricity line and apparatus in the position approximately indicated on the title plan by a blue broken line by an Agreement dated the 29th of May 1931. NOTE: Copy filed under MX119237. 9 The parts of the land affected thereby are subject to the rights granted by a Deed dated 14 May 1984 made between (1) Greater London Council and (2) British Gas Corporation. The said Deed also contains restrictive covenants. NOTE: Copy filed under MX56068. 10 The parts of the land affected thereby are subject to the following rights granted by a Transfer of 2 Dewes Farm Cottages dated 22 October 1990 made between (1) The Mayor and Burgesses of The London Borough of Hilingdon and (2) Albert John Ryall and Ivy Lily Ryall:- "THE Property is transferred with the benfit of the rights specified in the First Schedule to this Transfer so far as the Council can grant the same THE FIRST SCHEDULE
1. Rights granted in accordance with Part 1 of the Sixth Schedule to the Act of
3 of 6 16 Title number AGL492136 C: Charges Register continued (i) support for any building or part of a building (ii) access of light and air to any building or part of a building (iii) the passage of water gas or other piped fuel (iv) the drainage and disposal of water sewage smoke or fumes (v) the use and maintenance of pipes and other installations for the said passage drainage and disposal specified in paragraphs (iii) and (iv) of this Clause (vi) the use and maintenance of cables and other installations for (a) the supply of electricity (b) the use of any telephone or the receipt directly or by land line of visual or other wireless transmissions All to the extent that the same are necessary as specified in paragraph 2(2) of the Sixth Schedule to the Act 2. Any other rights licences easements or quasi easements (so far as the Council can grant the same) as are at present appurtenant to or enjoyed with the Property 3. A right of way (with or without vehicles) in common with the Council and all others entitled to the like right over and along the roadway shown coloured green on the said plan for the purposes of access to and egress from the Property TOGETHER with the right of entry onto the Council's adjoining or neighbouring properties for the purpose of inspecting repairing maintaining and cleansing the said pipes installations and cables used jointly with such adjoining or neighbouring properties and the Property the Transferee doing as little damage as possible and making good all damage done or occasioned to such adjoining or neighbouring properties by the exercising of such rights PROVIDED that the exercise of all rights specified in this Schedule shall be subject to the contribution by those claiming to exercise the same of a share of reasonable costs of keeping all structures apparatus and rights of way affected by such rights in good repair and working order (including replacement where necessary) proportionate to the number of properties using the same any dispute over the necessity for repair or replacement the reasonableness of costs or the number of properties to be settled by the decision of an independent expert agreed between the Council and the Transferee and all others potentially liable to contribute or in default of such agreement appointed by the President for the time being of the Royal Institution of Chartered Surveyors PROVIDED FURTHER that the exercise of all rights specified in this Schedule shall also be subject to the Transferee keeping all structures apparatus and rights of way on and over the Property affected by the rights specified in the Second Schedule hereto in good repair and working order (including replacement where necessary) and any dispute over the necessity for repair or replacement and the reasonableness of costs being settled in case of dispute by the like process to that set out above". NOTE: The roadway coloured green referred to is tinted blue on the title plan as far as it affects the land in this title. 11 The parts of the land affected thereby are subject to the rights granted by a Transfer of 1 Dewes Farm Cottages dated 17 December 1990 made between (1) The London Borough of Hillingdon and (2) Ernest Painter and Rose Painter which rights are identical with those granted by the Transfer dated 22 October 1990 referred to above. 12 The parts of the land affected thereby are subject to the rights granted by a Transfer of Dewes Farm House dated 19 August 2002 made between (1) The Mayor and Burgesses of the London Borough of Hillingdon and (2) Jean Florence Ryall which rights are identical with those granted by the Transfer dated 22 October 1990 referred to above. 13 (30.10.2019) The land in this title having been acquired under the High
4 of 6 17 Title number AGL492136 C: Charges Register continued Speed Rail (London - West Midlands) Act 2017 ("the Act"), any easements or restrictive covenants (not otherwise set out on this title) affecting the land at the appropriate time (as defined in Schedule 15 to the Act) have been extinguished under Section 12 of the Act (except to the extent provided for in Schedule 15 to the Act) 14 The land is subject to the lease set out in the schedule of leases hereto.
Schedule of restrictive covenants 1 The following are details of the covenants contained in the Conveyance dated 29 January 1930 referred to in the Charges Register:- "The Vendor hereby further covenants with the Purchaser not at any time hereafter to use or allow any part of the said Harefield Place Estate for the time being remaining vested in him to be used as a Hotel or Country Club but this shall not preclude the Vendor his heirs executors administrators or assigns the owner or owners for the time being of the residue of the said Harefield Place Estate from erecting or allowing to be erected on such site as he or they may desire in the neighbourhood of South Harefield Station an Inn or Tavern or Public House or other provisions for the ordinary accommodation of travellers (not to be used however for residential purposes) or from using or allowing to be used any part of the said Harefield Place Estate or any premises that are now or may hereafter be erected thereon for the purposes of Golf Tennis or other Sports or Games Clubs with club houses and the usual accommodation and further that on any sale or lease by the Vendor of all or any part of such part of the said Harefield Place Estate as is now vested in him the Vendor will impose such a restrictive covenant or covenants as will prohibit the lessee or Purchaser from committing any breach of the said covenant by the Vendor in this Clause contained and upon his so doing the Vendor shall be released from all personal liability under the covenants in this Clause contained." 2 The following are details of the covenants contained in the Conveyance dated 28 November 1935 referred to in the Charges Register:- "For the benefit of the premises described in the said First Schedule and so as to bind the premises described in the said Second Schedule the Vendor with the Concurrence of the Mortgagees (so far as required in order to bind effectually the last mentioned premises into whosesoever hands the same may come and to enable the Purchasers to effect the registration of this covenant as a Land Charge Class D II in the names of both the Vendor and the Mortgagees but not so as to impose on the Mortgagees any liability in damages) hereby covenants with the Purchasers to observe at all times hereafter the restriction contained in the Fifth Schedule hereto. Provided always that the Vendor or other the owners or occupiers for the time being of the premises described in the said Second Schedule shall not be personally liable in damages for any breach of the aforesaid covenant which may occur after he or they shall have parted with all interest in the land in respect of which such breach shall occur Provided also that if and when a building shall be erected on the land described in the said First Schedule and used for any purpose other than an Inn Tavern or Public House the covenant in this clause contained shall cease to have effect. THE FIFTH SCHEDULE Not at any time hereafter to use or permit to be used such part of the Vendors Harefield Place Estate as is described in the said Second Schedule or any part thereof or any buildings now or hereafter to be erected thereon for the trade or business of a licensed Victualler or seller of beer and/or wines and spirits." NOTE: The land described in the First Schedule is the land tinted pink on the title Plan and the land described in the Second Schedule includes the land in this title.
Schedule of notices of leases
5 of 6 18 Title number AGL492136 1 09.12.2006 Park Lodge Farm 01.04.2011 AGL382235 24 years from 1 April 2011 NOTE: The lease comprises also other land
End of register
6 of 6 19 These are the notes referred to on the following official copy
The electronic official copy of the title plan follows this message.
Please note that this is the only official copy we will issue. We will not issue a paper official copy.
This official copy was delivered electronically and when printed will not be to scale. You can obtain a paper official copy by ordering one from HM Land Registry.
This official copy is issued on 10 March 2020 shows the state of this title plan on 10 March 2020 at 12:34:15. It is admissible in evidence to the same extent as the original (s.67 Land Registration Act 2002). This title plan shows the general position, not the exact line, of the boundaries. It may be subject to distortions in scale. Measurements scaled from this plan may not match measurements between the same points on the ground. This title is dealt with by the HM Land Registry, Wales Office .
20 21 This official copy is incomplete without the preceding notes page. 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Schedule 16 Land
Parcel label on Plan Date of Service of Date on which Possession was Notices taken C111_008 17/07/2018 30 days’ notice was given.
Second Claimant entitled to possession from 16/08/2018.
Possession was taken on 04/11/2019.
C111_165 22/05/2019 89 days’ notice was given.
Second Claimant entitled to possession from 19/08/2019.
Possession was taken between 19/11/2019 and 01/06/2020.
C111_173 18/10/2019 94 days’ notice was given.
Second Claimant entitled to possession from 12/01/2020.
Possession was taken on 17/02/2020.
C111_173_R01 21/11/2019 28 days’ notice was given.
Second Claimant entitled to possession from 19/12/2019.
Possession was taken on 17/02/2020.
C111_173_R02 21/11/2019 28 days’ notice was given.
Second Claimant entitled to possession from 19/12/2019.
Possession was taken on 17/02/2020.
C111_177 05/12/2019 74 days’ notice was given.
Second Claimant entitled to possession from 17/02/2020.
Possession was taken on 26/02/2020.
43
Notification
Notice of works at Dews Lane & footpath closure February 2020 | www.hs2.org.uk
High Speed Two (HS2) is the new high speed railway for Britain. As part Duration of works f he ai a c c i e a e c i i g e a a i hi Hillingdon. Work is continuing and will be complete by U34 Footpath Closure Summer 2020. The U34 Public Right of Way is currently partially closed from Dews Lane Work will be from 8am to to Harvil Road. This closure is being extended northwards to the 6pm with a one-hour junction with Bridleway 7 from 2nd March to June 2020. Signage will quiet start-up and shut indicate the section of footpath that is closed (see map overleaf) and an down outside either side alternative route will be available along Harvil Road and Bridleway 7 of these hours. which is currently diverted across Harefield Moor. This is to ensure public safety during the works including works to modify access around What to expect Dews Lane. Some additional traffic Tree planting on local roads Further tree planting will be undertaken at our site to the north of Dews Noise from equipment Lane. This work is expected to be undertaken in the Spring. used for the works Fencing work continues Site storage and welfare Fencing works will continue on land in the vicinity of Dews Lane to vehicle with 24hr security secure the area for contractors to work in a safe manner. This will Footpath closed from 2nd include areas of vegetation clearance, including some trees. Some of March to June 2020. this work will require temporary stopping of traffic on Dews Lane under traffic control. These works will be ongoing until late May. What we will do Archaeological work continues
We have been carrying out works to get a better understanding of any Manage any impacts, significant archaeological remains which are in this area. Excavation of such as traffic and trial trenching is almost complete in some areas and mitigation works to noise with the aim of protect areas of interest have commenced. This work is expected to reducing them continue until late May. Take care to respect If you have a question about HS2 or our works, please your community and contact our HS2 Helpdesk team on 08081 434 434 the environment or email [email protected]
Call our HS2 Helpdesk team on 08081 434 434
44
Notice of public right of Notification way U34 closure
www.hs2.org.uk Public Right of Way U34 Closure
Contact our HS2 Helpdesk team on 08081 434 434
45
What else is happening in your area? www.hs2.org.uk Contact our new HS2 Helpdesk team Our new Helpdesk team is based in our Head Office in Birmingham. This is so that we can provide you with the best service possible. Our team is here to listen and respond to your enquiry, complaint or feedback to help us be a good neighbour. You can contact our Helpdesk team all day, every day of the year on: Freephone: 08081 434 434 Minicom: 08081 456 472
Email: [email protected]
Keep up-to-date with your local community website T fi d e ab ha ha e i g i a ea a d ecei e regular email updates, you can sign up to our local community websites at: www.hs2inyourarea.co.uk.
About our Community and Business Funds We are offering two funds that are available to local communities and businesses between the West Midlands and London, to help with the disruption caused by our construction work. These are the Community and Environment Fund (CEF) and the Business and Local Economy Fund (BLEF). The CEF is designed to give communities the opportunity to share in the benefits of HS2. It is an allocated fund that communities are able to apply for, to help to support local projects that aim to improve their local area. The BLEF is designed to support local economies that may be disrupted by the construction of HS2. BLEF grants are for local business support organisations and local authorities to help maintain business activity in local communities. For more information about each of these funds, including how to apply, please visit: https://www.groundwork.org.uk/hs2funds
Contact our HS2 Helpdesk team on 08081 434 434
46
Keeping you informed We are committed to keeping you informed about work on HS2. This includes ensuring you know what to expect and when to expect it, as well as how we can help. Re iden Char er and Commissioner The Re ide Cha e i i e Contact Us communicate as clearly as we possibly can with people who live along or near the HS2 route. Contact our HS2 Helpdesk team all day, www.gov.uk/government/publications/hs2- every day of the year on: residents-charter We a ha e a i de e de Re ide Freephone 08081 434 434 Commissioner whose job is to make sure we keep Minicom 08081 456 472 to the promises we make in the Charter and to keep it under constant review. Find reports at: Email [email protected] www.gov.uk/government/collections/hs2-ltd- residents-commissioner Write to: You can contact the Commissioner at: FREEPOST [email protected] HS2 Community Engagement
Construction Commissioner Website www.hs2.org.uk The C c i C i i e e i edia e and monitor the way in which HS2 Ltd manages To keep up to date with what is and responds to construction complaints. You can happening in your local area, visit: contact the Construction Commissioner by www.hs2inhillingdon.co.uk emailing: [email protected]
Property and compensation Please contact us if o d like a free cop You can find out all about HS2 and properties along of this document in large print, Braille, the line of route by visiting: audio or easy read. You can also contact www.gov.uk/government/collections/hs2-property us for help and information in a different Fi d if e e igib e f c e a i a : language. www.gov.uk/claim-compensation-if-affected-by-hs2 HS2 Ltd is committed to protecting personal information. If you wish to know more about Holding us to account how we use your personal information If you are unhappy for any reason you can make a please see our Privacy Notice complaint by contacting our HS2 Helpdesk team. https://www.gov.uk/government/publication For more details on our complaints process, please s/high-speed-two-ltd-privacy-notice visit our website: www.hs2.org.uk/how-to-complain
Reference number: AWNC1020819
High Speed Two (HS2) Limited, registered in England and Wales. Registered office: Two Snowhill, Snow Hill Queensway, Birmingham B4 6GA. Company registration number: 06791686. VAT registration number: 181 4312 30.
47 The electronic official copy of the register follows this message. Please note that this is the only official copy we will issue. We will not issue a paper official copy.
48 Title number MX257218 Edition date 30.10.2019
– This official copy shows the entries on the register of title on 31 JAN 2020 at 10:26:57. – This date must be quoted as the "search from date" in any official search application based on this copy. – The date at the beginning of an entry is the date on which the entry was made in the register. – Issued on 31 Jan 2020. – Under s.67 of the Land Registration Act 2002, this copy is admissible in evidence to the same extent as the original. – This title is dealt with by HM Land Registry, Wales Office.
A: Property Register This register describes the land and estate comprised in the title. HILLINGDON 1 (20.05.1952) The Freehold land shown edged with red on the plan of the above Title filed at the Registry and being Dewes Farm House, Harvil Road, Harefield, Uxbridge (UB9 6JN). NOTE: As to the parts edged and numbered in brown on the title plan, only the freehold mines and minerals are included in the title. 2 The land edged and numbered in green on the title plan has been removed from this title and registered under the title number or numbers shown in green on the said plan. 3 The title plan has been amended. 4 The land edged and lettered A and B in red on the title plan has been added to the title on 2 December 1977. 5 The land edged and lettered A in red on the title plan has the benefit of the rights to lay two sewers and a pumping main granted by the Conveyance dated 15 March 1929 referred to in the Charges Register. 6 The surface water drain the approximate position of which is indicated by a brown broken line on the title plan has been removed to title NGL312510. 7 (23.11.1990) The transfers of those parts edged and numbered in green on the title plan which were made pursuant to Part V of the Housing Act, 1985 took effect with the benefit of and subject to the easements and other rights prescribed by paragraph 2 of Schedule 6 of that Act. 8 (23.11.1990) The land has the benefit of the following rights reserved by the Transfer dated 22 October 1990 referred to in the Charges Register:- "THE property is transferred:- Subject to the rights specified in the Second Schedule to this Transfer THE SECOND SCHEDULE 1. All rights of way and passage of water gas or other piped fuel the drainage and disposal of water sewage smoke or fumes the use and
1 of 9 49 Title number MX257218 A: Property Register continued maintenance of the pipes and installations for the said passage drainage and disposal hereby specified and the use and maintenance of cables and other installations for the supply of electricity (and for the use of any telephone) or the receipt directly or by landline of visual or other wireless transmission and which serve not only the Property but also adjoining or neighbouring properties and the right of support for any buildings or any part of a building and the access of light and air to any building or part of a building All to the extent that the same are necessary as specified in paragraph 2(2) of the Sixth Schedule to the Act TOGETHER with the right of entry for the Council and all persons authorised by it and the owners and occupiers of such adjoining or neighbouring properties onto the Property or any part thereof for the purpose of inspecting repairing maintaining and cleansing the said pipes installations and cables used jointly with the Property the persons exercising such rights doing as little damage as possible and making good all damage done occasioned to the Property by the exercise of such rights 3. The right for the Council and its successors and assigns within 80 years after the date of this Transfer to connect up any such pipes installations and cables as are referred to in paragraph 1 above. PROVIDED that the exercise of all rights specified in paragraphs 1 2 and 3 of the Schedule shall be subject to the contribution by those claiming to exercise the same of a share of reasonable costs on a like basis to that specified in the proviso to the First Schedule hereto" 9 (24.12.1990) The land has the benefit of the rights reserved by the Transfer dated 17 December 1990 referred to in the Charges Register which rights are identical with those reserved by the Transfer dated 22 October 1990 referred to above. 10 (13.12.1991) The land marked B edged yellow on the title plan is no longer of any significance and should be ignored since the entry in the register which gave rise to this reference has been cancelled. 11 (13.09.2002) The land has the benefit of the rights reserved by the Transfer dated 19 August 2002 referred to in the Charges Register which rights are identical with those reserved by the Transfer dated 22 October 1990 referred to above. 12 (13.09.2004) The land has the benefit of the rights granted by a Transfer of the land edged and numbered AGL132914 in green on the title plan dated 9 August 2004 made between (1) The Mayor and Burgesses of The London Borough of Hillingdon and (2) The Members of The Council of Dogs Trust. NOTE: Copy filed under AGL132914. 13 (16.10.2019) The description of the registered estate is an entry made under rule 5(a) of the Land Registration Rules 2003 and it is not a note to which paragraph 2 of Schedule 8 to the Land Registration Act 2002 refers that the registered estate includes the mines or minerals under the land edged brown on the title plan. The mines and minerals under the land edged brown on the title plan are only included in the registration to the extent that they were so included before the General Vesting Declarations in favour The Secretary of State for Transport set out in the Schedule below. 14 (16.10.2019) Schedule of General Vesting Declarations excepting and reserving mines and minerals Registration date Plan Reference Deed date Registered title number 16 October 2019 edged and 13 May 2019 AGL490874 numbered 1 in brown 17 October 2019 edged and 13 May 2019 AGL378571 numbered 2 in brown
30 October 2019 edged and 13 May 2019 AGL492136 numbered 3 and
2 of 9 50 Title number MX257218 A: Property Register continued 4 in brown 15 (17.10.2019) A new title plan based on the latest revision of the Ordnance Survey Map has been prepared.
B: Proprietorship Register This register specifies the class of title and identifies the owner. It contains any entries that affect the right of disposal. Title absolute 1 (23.11.1990) PROPRIETOR: THE MAYOR AND BURGESSES OF THE LONDON BOROUGH OF HILLINGDON of Civic Centre, High Street, Uxbridge UB8 1UW and of DX45101, Uxbridge. 2 (23.11.1990) The Transfer to the proprietor(s) contains a covenant to observe and perform the covenants referred to in the Charges Register and of indemnity in respect thereof.
C: Charges Register This register contains any charges and other matters that affect the land. 1 The following Conveyances of the land referred to below contain restrictive covenants affecting respectively the land in this title or the parts thereof referred to in such Conveyances:- 29.1.1930 Harefield Place and 1. George Rose (Vendor) adjacent land 2. Barclays Bank Limited containing 22a.2r.Op. 3. Horatio Greenfield or thereabouts. (Purchaser) 28.11.1935 Edged and lettered C 1. George Rose (Vendor) in yellow on the Filed 2. The North Central Plan. Wagon Company Limited 3. Harmans Uxbridge Brewery Limited (Purchasers)
Copies of the covenants above referred to are set out in the Schedule of Restrictive Covenants hereto. 2 The roadways or strips of land hatched brown on the title Plan are subject to rights of way. 3 So far as affected thereby the land in this title together with other land of greater value is subject to an annual payment of £24 to the Perpetual Curate of Harefield but with the benefit of a covenant contained in a Deed dated 17 October 1877 made between (1) Charles Newdigate Newdegate and (2) Henry Richard Cox whereby the said annual sum was made payable in respect of other land in exoneration of the land in this title. 4 The land hatched yellow on the title plan together with other land is subject to the rights to lay construct erect use maintain and renew mains or pipes for the transmission or storage of gas or other materials and all necessary apparatus ancillary thereto granted by a Deed dated 23 February 1972 made between (1) The Mayor Aldermen and Burgesses of The London Borough of Hillingdon and (2) North Thames Gas Board. The said deed also contains restrictive covenants. NOTE: Copy filed under MX123958 (NGL) 5 An Agreement under seal dated 12 February 1975 made between (1) Rickmansworth and Uxbridge Valley Water Company and (2) The Mayor Aldermen and Burgesses of The London Borough of Hillingdon relates to the laying of a water main in the position shown by a blue broken line
3 of 9 51 Title number MX257218 C: Charges Register continued on the filed plan and to the supply of water. The said Agreement also contains a grant of easements over the adjoining road and footpath and a restrictive undertaking in the following terms:- "THE Corporation undertakes that no building or erection shall be placed on any part of the land under which the Main or other works of the Company are placed from time to time which might make access to the Main or other works of the Company for the purposes hereinbefore referred to less easy or convenient. NOTE: Copy filed. 6 Such part of the land as is affected thereby is subject to the rights granted by a Deed dated 20 April 1976 made between (1) The Mayor Aldermen and Burgesses of The London Borough of Hillingdon (Grantor) (2) Hoveringham Group Limited (Company) and (3) Central Electricity Generating Board (Board). NOTE 1: The said Deed also contains covenants by the grantor NOTE 2: Copy filed. 7 A Conveyance of the land edged and lettered A in red on the title plan dated 15 March 1929 made between (1) George Rose (Vendor) (2) Barclays Bank Limited (the Bank) and (3) The Rural Council of Uxbridge contains covenants. NOTE: Copy filed. 8 A Conveyance of the land edged and lettered B in red on the title plan dated 19 December 1930 made between (1) George Rose (Vendor) (2) Barclays Bank Limited (the Bank) and (3) Urban District Council of Uxbridge contains covenants details of which are set out in the schedule of restrictive covenants hereto. 9 The lands edged and lettered A and B in red on the title plan are subject to the annual payment of £24 referred to above but have the benefit of the covenant contained in the Deed dated 17 October 1877 also referred to in the said entry. 10 The land tinted blue on the title plan is subject to rights of way. 11 A Transfer of the land remaining in this title dated 24 December 1980 made between (1) The Mayor and Burgesses of the London Borough of Hillingdon and (2) Greater London Council contains restrictive covenants and exceptions and reservations. NOTE: Copy filed. 12 (23.11.1990) The parts of the land affected thereby are subject to the following rights granted by a Transfer of the land edged and numbered AGL21865 in green on the title plan dated 22 October 1990 made between (1) The Mayor and Burgesses of The London Borough of Hilingdon and (2) Albert John Ryall and Ivy Lily Ryall:- "THE Property is transferred with the benfit of the rights specified in the First Schedule to this Transfer so far as the Council can grant the same THE FIRST SCHEDULE 1. Rights granted in accordance with Part 1 of the Sixth Schedule to the Act of (i) support for any building or part of a building (ii) access of light and air to any building or part of a building (iii) the passage of water gas or other piped fuel (iv) the drainage and disposal of water sewage smoke or fumes
(v) the use and maintenance of pipes and other installations for the said passage drainage and disposal specified in paragraphs (iii) and
4 of 9 52 Title number MX257218 C: Charges Register continued (iv) of this Clause (vi) the use and maintenance of cables and other installations for (a) the supply of electricity (b) the use of any telephone or the receipt directly or by land line of visual or other wireless transmissions All to the extent that the same are necessary as specified in paragraph 2(2) of the Sixth Schedule to the Act 2. Any other rights licences easements or quasi easements (so far as the Council can grant the same) as are at present appurtenant to or enjoyed with the Property 3. A right of way (with or without vehicles) in common with the Council and all others entitled to the like right over and along the roadway shown coloured green on the said plan for the purposes of access to and egress from the Property TOGETHER with the right of entry onto the Council's adjoining or neighbouring properties for the purpose of inspecting repairing maintaining and cleansing the said pipes installations and cables used jointly with such adjoining or neighbouring properties and the Property the Transferee doing as little damage as possible and making good all damage done or occasioned to such adjoining or neighbouring properties by the exercising of such rights PROVIDED that the exercise of all rights specified in this Schedule shall be subject to the contribution by those claiming to exercise the same of a share of reasonable costs of keeping all structures apparatus and rights of way affected by such rights in good repair and working order (including replacement where necessary) proportionate to the number of properties using the same any dispute over the necessity for repair or replacement the reasonableness of costs or the number of properties to be settled by the decision of an independent expert agreed between the Council and the Transferee and all others potentially liable to contribute or in default of such agreement appointed by the President for the time being of the Royal Institution of Chartered Surveyors PROVIDED FURTHER that the exercise of all rights specified in this Schedule shall also be subject to the Transferee keeping all structures apparatus and rights of way on and over the Property affected by the rights specified in the Second Schedule hereto in good repair and working order (including replacement where necessary) and any dispute over the necessity for repair or replacement and the reasonableness of costs being settled in case of dispute by the like process to that set out above". NOTE: The roadway coloured green referred to is hatched brown on the title plan. 13 (24.12.1990) The parts of the land affected thereby are subject to the rights granted by a Transfer of the land edged and numbered AGL22532 in green on the title plan dated 17 December 1990 made between (1) The London Borough of Hillingdon and (2) Ernest Painter and Rose Painter which rights are identical with those granted by the Transfer dated 22 October 1990 referred to above. 14 (19.06.2001) The parts of the land affected thereby are subject to the following rights granted by a Deed of Grant dated 15 June 2001 made between (1) The Mayor and Burgesses of the London Borough of Hillingdon (Grantor) and (2) Southern Electric Plc (Company):- "the Grantor with full title guarantee HEREBY GRANTS...... FULL RIGHT AND LIBERTY for the Company its servants workmen and others authorised by them to lay use and thereafter from time to time inspect maintain repair renew replace relay supplement and remove underground electric cables for the transmission and distribution of electricity and the necessary ducts pipes and other apparatus appurtenant thereto ("the Cables") in and under land comprised in the titles above mentioned in the position shown (as near as may be) coloured green ("the Easement Strip") on the plan bound up within ("the Plan") (together with the pole and stay with ancillary equipment (if any) as also illustrated on the Plan) Together with FULL RIGHT AND LIBERTY for the Company its
5 of 9 53 Title number MX257218 C: Charges Register continued servants workmen and others authorised by them on reasonable prior notice (except in case of emergency when no notice shall be required) to enter upon the land comprised in the titles above mentioned for all or any of the purposes aforesaid and to break up and excavate so much of the said land as may from time to time be necessary TO HOLD the rights and liberties hereby granted unto the Company in fee simple 2. THE Company hereby covenants with the Grantor as follows:- (a) that it will make good to the reasonable satisfaction of the Grantor any damage to the land comprised in the title above mentioned or to the buildings thereon caused by the Cables or by the laying or use of the Cables And if for any reason any such damage cannot be made good or if the Company so prefers it shall in lieu of making good such damage fully compensate the Grantor therefor (b) that it will keep the Grantor indemnified against all actions or claims which may be brought or made against the Grantor by reason of any default or neglect on the part of the Company in the exercise of the rights and liberties hereby granted Provided that the Grantor shall as soon as practicable give notice in writing to the Company of any such action claim or demand brought made or threatened against the Grantor under the sub-clause and shall not settle adjust or compromise such action claim or demand without the consent of the Company Provided further that the Company may at its own expense settle adjust compromise or take over the conduct of any action claim or demand in the name of the Grantor and the Grantor shall at the expense of the Company give such information and assistance as the Company may reasonably require (c) construct and maintain the Cables in accordance with the relevant regulations for safety for the time being in force (d) obtain the Grantor's consent which shall not be unreasonably withheld or delayed to the cutting lopping or felling of any tree or hedge on the the land comprised in the titles above mentioned (e) if so required, in the event of determination of the rights and liberties hereby granted, remove the Cables, or if agreed by the Grantor leave them in situ in a safe condition 4. ANY dispute or difference arising hereunder will be referred to arbitration and determined by an arbitrator who will be appointed by agreement between the parties or, in default of agreement, appointed at the request of either party, by the President for the time being of the Royal Institution of Chartered Surveyors" The said deed also contains the following covenants by the Grantor:-
3. THE Grantor with intent to bind the land comprised in the titles above mentioned into whosesoever hands the same may come and for the benefit and protection of the Company's statutory electricity undertaking and Cables HEREBY COVENANTS with the Company that the Grantor and those deriving title under the Grantor will not at any time hereafter (a) erect or construct any building wall fence or structure or plant any tree or shrub over in or on the Easement Strip; or (b) do or suffer to be done anything whereby the cover of soil over or the support of the Cables shall be altered or which may interfere with or prevent the free access to the Cables by the Company or render access to them more difficult or expensive or which may cause them damage; or (c) without the prior written consent of the Company (such consent not to be unreasonably witheld or delayed) erect or construct any building wall fence or structure or plant any tree or shrub over on or in any land which is (in the case of any building wall fence or structure) within two metres of or (in the case of any tree or shrub) within five metres of the Easement Strip"
6 of 9 54 Title number MX257218 C: Charges Register continued NOTE: Copy Deed plan filed under MX145065. 15 (23.01.2002) The parts of the land affected thereby are subject to the leases set out in the schedule of leases hereto. The leases grant and reserve easements as therein mentioned. 16 (13.09.2002) The parts of the land affected thereby are subject to the rights granted by a Transfer of the land edged and numbered AGL107234 in green on the title plan dated 19 August 2002 made between (1) The Mayor and Burgesses of the London Borough of Hillingdon and (2) Jean Florence Ryall which rights are identical with those granted by the Transfer dated 22 October 1990 referred to above. 17 (25.04.2006) Such part of the land as is affected thereby is subject to the rights granted by a Deed dated 24 March 2006 made between (1) The Mayor and Burgesses of the London Borough of Hillingdon and (2) The Official Custodian for Charities (on behalf of the members of the Council of Dogs Trust). The said Deed also contains restrictive covenants by the grantor. NOTE: Copy filed.
Schedule of restrictive covenants 1 The following are details of the covenants contained in the Conveyance dated 29 January 1930 referred to in the Charges Register:- "The Vendor hereby further covenants with the Purchaser not at any time hereafter to use or allow any part of the said Harefield Place Estate for the time being remaining vested in him to be used as a Hotel or Country Club but this shall not preclude the Vendor his heirs executors administrators or assigns the owner or owners for the time being of the residue of the said Harefield Place Estate from erecting or allowing to be erected on such site as he or they may desire in the neighbourhood of South Harefield Station an Inn or Tavern or Public House or other provisions for the ordinary accommodation of travellers (not to be used however for residential purposes) or from using or allowing to be used any part of the said Harefield Place Estate or any premises that are now or may hereafter be erected thereon for the purposes of Golf Tennis or other Sports or Games Clubs with club houses and the usual accommodation and further that on any sale or lease by the Vendor of all or any part of such part of the said Harefield Place Estate as is now vested in him the Vendor will impose such a restrictive covenant or covenants as will prohibit the lessee or Purchaser from committing any breach of the said covenant by the Vendor in this Clause contained and upon his so doing the Vendor shall be released from all personal liability under the covenants in this Clause contained." 2 The following are details of the covenants contained in the Conveyance dated 28 November 1935 referred to in the Charges Register:- "For the benefit of the premises described in the said First Schedule and so as to bind the premises described in the said Second Schedule the Vendor with the Concurrence of the Mortgagees (so far as required in order to bind effectually the last mentioned premises into whosesoever hands the same may come and to enable the Purchasers to effect the registration of this covenant as a Land Charge Class D II in the names of both the Vendor and the Mortgagees but not so as to impose on the Mortgagees any liability in damages) hereby covenants with the Purchasers to observe at all times hereafter the restriction contained in the Fifth Schedule hereto. Provided always that the Vendor or other the owners or occupiers for the time being of the premises described in the said Second Schedule shall not be personally liable in damages for any breach of the aforesaid covenant which may occur after he or they shall have parted with all interest in the land in respect of which such breach shall occur Provided also that if and when a building shall be erected on the land described in the said First Schedule and used for any purpose other than an Inn Tavern or Public House the covenant in this clause contained shall cease to have effect. THE FIFTH SCHEDULE
7 of 9 55 Title number MX257218 Schedule of restrictive covenants continued
Not at any time hereafter to use or permit to be used such part of the Vendors Harefield Place Estate as is described in the said Second Schedule or any part thereof or any buildings now or hereafter to be erected thereon for the trade or business of a licensed Victualler or seller of beer and/or wines and spirits." NOTE: The land described in the First Schedule is the land edged and lettered C in yellow on the title Plan and the land described in the Second Schedule includes the land in this title (except the land tinted blue thereon) 3 The following are details of the covenants contained in the Conveyance dated 19 December 1930 referred to in the Charges Register:-
"THE Council to the intent and so as to bind (so far as practicable) the said land hereby conveyed into whosesoever hands the same may come and to benefit and protect the Estate known as the Harefield Place Estate belonging to the Vendor but not so as to render the Council liable in damages for any breach of any negative covenant committed after they shall have parted with all interest in the Vendor at all times hereafter to observe and perform the stipulations restrictions and conditions set out in the First Schedule hereto. THE FIRST SCHEDULE before referred to 1. BUILDING LINE. The building line is to be at the distance from the road prescribed by the Uxbridge Urban District Council's Town Planning Scheme. 2. PLANS. Plans showing the positions of all buildings proposed to be erected upon the land together with sections showing the height of such buildings are to be submitted to and approved by the Vendor's Surveyors before the Council commences to build but such consent shall not be unreasonably withheld. The Council shall pay the sum of One pound for the approval by the Vendor's Surveyors of the plan or plans submitted to them of any building proposed to be erected on the land. 3. BUILDINGS. No domestic office stable garage or other inferior permanent building shall be erected on the land except for use in connection with a private dwellinghouse. 4. WATER CLOSETS AND PRIVIES. No water closet or privy shall be erected detached from other buildings. 5. TEMPORARY ERECTIONS. No temporary building of any kind is to be erected on the land except sheds or workshops to be used only for the works incidental to the erection of the houses which may be erected and subject to the permission of the Vendor's Surveyors and under their directions.
6. NO clay earth sand or gravel shall without the consent of the Vendor be excavated or removed from the land other than is necessary for the purpose of the buildings to be erected nor shall any brick making be carried on or sale of building materials be held there. 7. NO clay or earth shall be burnt into ballast on the land and no excavation for the purpose of obtaining gravel or sand shall be made thereon in such manner as to withdraw support from any adjoining owner's land or below the level and within six feet of any adjoining building without the consent of such adjoining owner. 8. No building now or hereafter erected upon the land shall be used as a Country Club, Hotel, Inn, Tavern, Public House, Beer Shop or Factory nor as an advertising station nor shall any fence be used for exhibiting advertisements nor shall any hut shed caravan or house on wheels be placed or used upon any portion of the land nor shall the land or any house or building thereon be used for any purpose which may be a nuisance or annoyance to any adjoining owner or to the Vendor his successors or assigns or to the neighbourhood. 9. RIGHTS RESERVED. In respect of the residue of the Harefield Place
8 of 9 56 Title number MX257218 Schedule of restrictive covenants continued Estate the Vendor reserves the right to deal therewith without reference to and independent of these stipulations. 10. NO right of light air or other easement shall pass or be deemed to pass by virtue of the Conveyance to the Purchaser which shall in any way prevent or interfere with the development of the adjoining land of the Vendor for building purposes or prevent the Vendor his heirs executors administrators or assigns from erecting buildings thereon as he or they may think fit."
Schedule of notices of leases 1 Dewes Farm 24.10.1980 NGL413990 Edged and 999 years from Lettered D in 1.1.1977 yellow 2 23.01.2002 Wildlife Trust Land 21.12.2001 AGL98908 Edged and 25 years from lettered E in 21.12.2001 yellow 3 31.05.2016 Hillingdon Outdoor 01.07.2003 AGL378589 edged blue Activities Centre 25 years from 1.7.2003 NOTE: During the subsistence of this lease, the lease dated 24 December 1980 referred to above takes effect as an underlease. 4 09.12.2016 Park Lodge Farm 01.04.2011 AGL382235 Tinted pink 24 years from 01.04.2011 NOTE: The lease comprises also other land.
End of register
9 of 9 57 58
From: Patricia Thompson Sen : 21 August 2019 16:35 To: Alison Holtorp ([email protected]); Ber l Upton ([email protected]); Brian Adams ([email protected]); Brian Cable ([email protected]); Christine Leonard (chri5 @hotmail.com); Cllr Devi; Cllr Susan O'Brien (so'[email protected]); David Crane ([email protected]); Doreen McInt re ([email protected]); Keri Brennan (keribrennan@ ahoo.co.uk); Lottie Jones ([email protected]); Mike Rees ([email protected]); Niki Samuel; Phil Ta lor (pta lor@altro .co.uk); Philip Corthorne ([email protected]); end hobda ( end hobda @ end s orld.co.uk) CC: Andre Mackinnon; Grant Blo ers S bjec : Harvil Road land take - Thursda 22 August A achmen : Notice of load test piling orks off Harvil Road FINAL v2.pdf; Notice of Public Right of Wa U34 closure 02.08.2019 .pdf
Dea All
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In o de o nde ake a chaeolog e and load e piling fo he Colne Valle Viad c e ill be aking po e ion of he land o lined in black in he map belo To en e p blic afe d ing he e o k a o kno he U p blic igh of a foo pa h ill be empo a il clo ed f om A g n il p ing I ha e a ached copie of he no ifica ion ha ha e been en o e iden and a e a ailable on he local HS eb i e HS inHillingdon
59
We a e a a e ha pa of hi land i c en l occ pied b membe of he p blic O Land and P ope eam ha e been o o i e o peak i h hem and p o ide info ma ion of o in en ion o ake po e ion of he land on Th da
Plea e le me kno if o ha e an q e ion
Kind ega d
Pa icia
Pa icia Thom on Senio Engagemen Manage A ea So h HS2 L d Tel: Mob: Contact our HS2 Helpdesk team all da , ever da of the ear b : Freephone 08081 434 434 Minicom: 08081 456 472 Email: HS2en i ie @h 2.o g. k To keep up to date ith hat is happening in our local area, visit: .HS2in ourarea.co.uk
This email is scanned and cleared b Websense. HS2 Ltd is registered in England and Wales. Registration Number 06791686, Registered office High Speed T o (HS2) Limited, T o Sno hill, Sno Hill Queens a , Birmingham, B4 6GA, England. The information contained in this e-mail is confidential and ma also be subject to legal privilege. It is intended onl for the recipient(s) named above. If ou are not named above as a recipient, ou must not read, cop , disclose, for ard or other ise use the information contained in this email. If ou have received this e-mail in error, please notif the sender ( hose contact details are ithin the original email) immediatel b repl e-mail and delete the message and an attachments ithout retaining an copies.
60
Hodge Jones & Allen Solicitors 180 North Gower Street London NW1 2NB
DX 2101 EUSTON HS2 Ltd www.hja.net [email protected] By email: [email protected] Direct tel: 0207 874 8367 Direct fax: 0207 874 8306 Switchboard: 020 7874 8300
Police Station Emergencies 0844 8480222
Our ref: 1034180.0001/RCH Your ref:
9 January 2020
Dear Sirs
Protest Encampment on field at Harvil Road
We have been instructed on behalf of a number of protestors at the above site, which we understand is along the proposed HS2 route.
We understand at HS2, with the National Encampment Team and other enforcement officers sought to evict protestors who had camped in the above the field.
We are aware that HS2 has previously obtained a court order (reg ET20199000798) with regard to the eviction of various sites. However, Harvil Road falls outside the terms of this order.
As such, we request urgent confirmation of your authority to conduct such evictions. We understand that some protestors remain on site and we confirm that we are considering an emergency injunction to protest their position. We would therefore be grateful if you can respond as a matter of urgency.
Yours sincerely
Raj Chada For Hodge Jones & Allen Solicitors
61
Eversheds Sutherland (International) LLP 1 Callaghan Square Cardiff CF10 5BT United Kingdom
T: +44 20 7497 9797 F: +44 20 7919 4919 DX 33016 Cardiff
eversheds-sutherland.com
Hodge Jones & Allen Solicitors Date: 9 January 2020 DX 2101 EUSTON Your ref: 1034180.0001/RCH Our ref: JENKINSW\335547-000116 Direct: +44 29 2047 7698 Email: [email protected]
By email only [email protected]
Dear Sirs,
Our clients: The Secretary of State for Transport and High Speed Two (HS2) Limited Former Protest Encampment on field at land at Harvil Road ( he Una hori ed Encampmen )
We ac n behalf f he Sec e a f S a e f T an ( DfT ) and High Speed Two (HS2) Limited ( HS2 ) and have been passed a copy of your letter dated today addressed to HS2.
Y make he in ha Ha il R ad ( e assume here you are making reference to the Unauthorised Encampment) does not form part of land which is subject to a High Court Order dated 28 November 2019 obtained by HS2; Claim No. PT-2019-000798 ( he P e i n O de ). Tha i c ec . The P e i n Order does not cover the Unauthorised Encampment.
The High Court Enforcement Officers carrying out the enforcement explained and made clear to protesters at the Unauthorised Encampment, prior to the eviction taking place, that the eviction of that land was not pursuant to the Possession Order but was being undertaken by execution of a warrant issued pursuant to our clients statutory powers under the High Speed Rail (London - West Midlands) Act 2017 ( 2017 Ac ) and section 13 of the Compulsory Purchase Act 1965. We understand that a copy of the warrant was also shown to protesters at the Unauthorised Encampment. That statutory process authorises our clients to issue warrants where unauthorised occupiers refuse to give up possession of land which is subject to those statutory regimes and land to which they are entitled to possession of. For the avoidance of doubt, a court order is not required.
The Unauthorised Encampment was situated on land vested in the DfT pursuant to a general vesting declaration executed on 13 May 2019. Our client is therefore entitled to possession of the land on which the Unauthorised Encampment is situated and your clients continued unauthorised occupation hinde ed clien abili en e n and take possession of it. Our client was therefore entitled to issue a statutory warrant in respect of the land on which the Unauthorised Encampment was situated and to direct High Court Enforcement Officers to obtain and deliver possession of it to them.
We are also informed that some protesters remain on other land at Harvil Road to which our clients are entitled to possession of. Where land falls outside of the land covered by the Possession Order, and depending on where the protesters are currently located, enforcement is being undertaken either pursuant to a statutory warrant issued by DfT (where the land is vested in the DfT pursuant to a general vesting declaration) or pursuant to a statutory warrant issued by HS2 where it is land to which HS2 is entitled to possession of pursuant to Schedule 16 of the 2017 Act.
car_lib1\17311973\1\jenkinsw
Eversheds Sutherland (International) LLP is a limited liability partnership, registered in England and Wales (number OC304065), registered office One Wood Street, London EC2V 7WS. A h i ed and eg la ed b he S lici Reg la i n A h i . A li f he membe name and hei fe i nal alifications is available for inspection at the above office.
Eversheds Sutherland (International) LLP is part of a global legal practice, operating through various separate and distinct legal entities under Eversheds Sutherland. For a full description of the structure and a list of offices, please visit www.eversheds-sutherland.com. 62 Date: 9 January Page: 2
We n e clien h ea f inj nc i e ac i n. We clien n n ice ha in he e en that they issue injunctive proceedings, our client will be seeking a costs order against your clients for any costs it incurs in dealing with those proceedings which we trust you will advise your client would likely be substantial.
Yours faithfully
Eversheds Sutherland (International) LLP
car_lib1\17311973\1\jenkinsw 63 Sector C1 - Harvil Road Area Indicative Construction Timeline 1st June 2020 – July 2024
Works start Works complete Description of work Location Contractor/Utility (Target)
June 2020 December 2020 Archaeological investigations trial trenching and HOAC, Dews Lane and Harvil Fusion mitigation where required Road areas
June 2020 August 2020 Fencing and installation of security measures HOAC & Dews Lane areas Fusion
June 2020 September 2020 Tree and vegetation clearance, invasive species HOAC & Dews Lane areas Fusion treatment, badger mitigation & construction of bat house
June 2020 November 2020 Installation and commissioning of a new gas main Harvil Road Cadent Gas
June 2020 February 2022 Overhead powerline diversionary works including Harvil Road, Dews Lane, National Grid the construction of temporary access roads, GI, new Denham County Park and pylons and restringing of powerline, testing and Bucks Golf Course areas commissioning, decommissioning of existing pylons and site demobilisation
June 2020 September 2020 Test piling for viaduct piers Harvil Road Align
June 2020 September 2020 Geotechnical Investigations (GI) Harvil Road, Dews Lane and Align HOAC areas
July 2020 June 2021 Site set-up and new bellmouth construction adjacent Dews Lane Align to Harvil Road/Dews Lane junction, enabling works and the construction of the parallel access road
64 Works start Works complete Description of work Location Contractor/Utility (Target)
August 2020 October 2020 Surveys of farmhouse and outbuildings. Bat roost Dews Lane Fusion relocation
October 2020 December 2020 Demolition of farmhouse and outbuildings Dews Lane Align
November February 2024 Construction of south embankment including Harvil Road and Dews Lane Align 2020 compound set up and haul roads areas
January 2021 December 2022 Construction of Ickenham ATFS platform including Harvil Road Align civils works
March 2021 June 2021 Mitigation planting HOAC and Dews Lane areas Fusion
June 2021 May 2022 CVV Dews Lane HOAC Satellite Compound Haul Road HOAC and Dews Lane areas Align Construction and Jetty Construction
February 2022 February 2024 Piling and viaduct pier construction Harvil Road, Dews Lane and Align HOAC areas
January 2023 TBC Installation of Ickenham ATFS, testing and Harvil Road HS2 Rail Systems commissioning
November July 2024 Construction of the viaduct Harvil Road, Dews Lane and Align 2023 HOAC areas
65 Sector S2 - Harvil Road Area Indicative Construction Timeline 1st June 2020 – July 2024
Works start Works complete Description of work Location Contractor/Utility (Target)
June 2020 December 2020 Archaeological investigations trial trenching and Land East of Harvil Road, CSJV mitigation where required North of Newyears Green Lane and South of the Chiltern Line
June 2020 October 2020 Tree and vegetation clearance, ecology mitigation Land East of Harvil Road CSJV/ SCS
June 2020 August 2020 Fencing and installation of security measures Land East of Harvil Road SCS
June 2020 November 2020 Installation and commissioning of a new gas main Harvil Road Cadent Gas
August 2020 September 2021 Harvil Road Chiltern Line overbridge - abutment Harvil Road SCS construction
September July 2024 Site set-up, sustainable placement and landscaping Land East of Harvil Road, SCS 2020 (North) North of Newyears Green Lane
September July 2024 TBM spoil treatment North & south of the Chiltern SCS 2020 Line in Copthall Cutting
October 2020 March 2021 Temporary Harvil Road diversion construction (in use Harvil Road SCS until permanent diversion in place) & temporary construction haul road connections
66 Works start Works complete Description of work Location Contractor/Utility (Target)
March 2021 July 2024 Site set-up, earthworks/treatment, sustainable Land East of Harvil Road, SCS placement and landscaping (South) South of the Chiltern Line railway
April 2021 October 2021 Permanent Harvil Road diversion - embankments Harvil Road SCS
April 2021 June 2022 Excavation and piling of Copthall cut and cover Land East of Harvil Road SCS tunnel
August 2021 October 2021 Harvil Road Chiltern Line overbridge – bridge deck Harvil Road SCS installation
August 2021 December 2021 Construction of permanent Newyears Green Bourne Harvil Road SCS culvert for Harvil Road diversion
October 2021 August 2022 Road construction, including permanent Harvil Road Harvil Road SCS diversion & temporary construction haul road connections
October 2021 March 2024 Construction of Copthall cut and cover tunnel and Land East of Harvil Road SCS headhouse and backfilling
August 2022 October 2022 Existing Harvil Road Chiltern Line overbridge - Harvil Road SCS demolition
November July 2024 Landscaping and mitigation planting Land East of Harvil Road SCS 2023
67 GOV.UK
1. Home (https://www.gov.uk/) 2. Transport (https://www.gov.uk/transport) 3. Rail (https://www.gov.uk/transport/rail) 4. HS2 (https://www.gov.uk/transport/hs2) 5. HS2 Phase One (https://www.gov.uk/transport/hs2-phase-one)
News story Government provides construction sector certainty by confirming 'Notice to proceed' on High Speed 2
HS2 Ltd today marks next step for the project, issuing ‘Notice to proceed’ on Britain’s new railway.
Published 15 April 2020
From: Department for Transport (https://www.gov.uk/government/organisations/department-for-transport), High Speed Two (HS2) Limited (https://www.gov.uk/government/organisations/high-speed-two- limited), and Andrew Stephenson MP (https://www.gov.uk/government/people/andrew-stephenson)
•High Speed 2 (HS2) project reaches its next stage as joint venture companies receive approval to begin detailed design and construction phase •‘Notice to proceed’ process marks formal approval for main construction works to begin, following decision earlier this year to proceed with the project •construction to begin in line with Public Health England advice during the coronavirus outbreak
Following the decision to proceed with HS2 earlier this year, HS2 Ltd has today (15 April 2020) marked the next step for the project after issuing ‘Notice to proceed’ to the companies that will undertake construction on Britain’s new railway.
68 After careful consideration of the independent Oakervee review (https://www.gov.uk/government/publications/oakervee-review-of-hs2), the Prime Minister confirmed to Parliament in February 2020 (https://www.gov.uk/government/speeches/pm-statement-on-transport- infrastructure-11-february-2020) that the project should go ahead, to deliver vital improvements to capacity and connectivity across the Midlands and North, alongside a reform package to improve governance at HS2 to ensure the project is delivered better and more efficiently. ‘Notice to proceed’ marks the formal approval for the project to begin the construction phase and HS2 Ltd is now entering Stage 2 of the main works civils contracts, with each held by a specific joint-venture.
At a time when the construction sector faces uncertainties during the coronavirus outbreak, issuing ‘Notice to proceed’ provides a vote of confidence in construction companies and the wider supply chain supporting HS2.
HS2 Minister Andrew Stephenson said:
While the government’s top priority is rightly to combat the spread of coronavirus, protect the NHS and save lives, we cannot delay work on our long-term plan to level up the country.
HS2 will be the spine of the country’s transport network, boosting capacity and connectivity while also rebalancing opportunity fairly across our towns and cities.
Following the decision earlier this year to proceed with the project, this next step provides thousands of construction workers and businesses across the country with certainty at a time when they need it, and means that work can truly begin on delivering this transformational project.
The 4 work packages are for full detailed design and construction of Phase One of the HS2 railway. Through these contracts, small and medium businesses have the guarantee of a pipeline of activity for the future, helping to protect jobs and boost certainty for them in the current climate.
The joint-ventures that are responsible for each package of work will be able to commence work in line with Public Health England’s guidance around construction work continuing during the coronavirus outbreak (https://www.gov.uk/guidance/social-distancing-in-the-workplace-during-coronavirus- covid-19-sector-guidance#construction), in a way both safe to their workers and the public.
The joint ventures, originally awarded contracts by HS2 Ltd in July 2017, are:
•SCS Railways (Skanska Construction UK Ltd, Costain Ltd, STRABAG AG) •Align JV (Bouygues Travaux Publics SAS, a subsidiary of Bouygues Construction, Sir Robert McAlpine and VolkerFitzpatrick, a subsidiary of VolkerWessels UK) •EKBF JV (Eiffage Genie Civil SA, Kier Infrastructure and Overseas Ltd, BAM Nuttall, Ferrovial Agroman) •BBV JV (Balfour Beatty Group Ltd, VINCI Construction Grands Projets, VINCI Construction UK Ltd, VINCI Construction Terrassement)
69 As well as contracts being awarded today, the Department for Transport has today published the new Full business case High Speed 2 Phase One (https://www.gov.uk/government/publications/hs2- phase-one-full-business-case), setting out the strategic and economic case for the project and outlining how it will deliver a positive return on investment, alongside boosting capacity and connectivity needed in towns and cities across the country, delivering on the government’s levelling up agenda.
HS2 and major projects media enquiries
Media enquiries 020 7944 3021
Out of hours media enquiries 020 7944 4292
Switchboard 0300 330 3000
Published 15 April 2020
Related content
•Oakervee Review of HS2(https://www.gov.uk/government/publications/oakervee-review-of-hs2) •HS2 Phase One plan and profile maps: index and key plans (https://www.gov.uk/government/publications/hs2-plan-and-profile-maps-london-to-the-west-midlands- index-and-key-plans) •PM statement on transport infrastructure: 11 February 2020 (https://www.gov.uk/government/speeches/pm-statement-on-transport-infrastructure-11-february-2020) •HS2 Phase One full business case(https://www.gov.uk/government/publications/hs2-phase-one-full- business-case) •Treasury Direction made under Sections 71 and 76 of the Coronavirus Act 2020 (https://www.gov.uk/government/publications/treasury-direction-made-under-sections-71-and-76-of-the- coronavirus-act-2020)
Explore the topic
•HS2 Phase One(https://www.gov.uk/transport/hs2-phase-one) •HS2 business case(https://www.gov.uk/transport/hs2-business-case)
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Consent with introductory note The High Speed Rail (London - West Midlands) Act Schedule 33 Protective Provisions
HIGH SPEED TWO (HS2) LIMITED
2 Snowhill Queensway Birmingham England B4 6GA
Consent number HS2/P10089
Consent number HS2/P10089 1 72 Introductory note
This introductory note does not form a part of the consent
The main features of the consent are as follows. Installation of fencing in the floodplain Installation of temporary platform in floodplain
The status log of the consent does not form part of the consent. It sets out the consenting history, including changes to the consent or consent reference number.
Status log of the consent Description Date Comments Application HS2/P10089 22/01/2019 Application for installation of temporary platform and fencing within floodplain Supplementary information 12/03/2019 Extra supporting information as requested submitted Consent determined HS2/P10089 01/04/2019 Consent issued
End of introductory note
Consent number HS2/P10089 2 73 Consent
The High Speed Rail (London - West Midlands) Bill Schedule 33 Protective Provisions
Consent number HS2/P10089 The Environment Agency hereby authorises, under schedule 33 of the High Speed Rail (London- West midlands) Bill
HIGH SPEED TWO (HS2) LIMITED
(“the operator”) Whose registered office is 2 Snowhill Queensway Birmingham England B4 6GA company registration number 06791686 to operate the following activities: Installation of fencing and platform, borehole activity and associated material storage within floodplain. National Grid Reference(s) Site location: TQ0587087680 (Harvil Road) to the extent authorised by and subject to the conditions of this consent.
Name Date
01/04/2019
Matthew Wales Project Manager -Permitting
Authorised on behalf of the Environment Agency
Consent number HS2/P10089 3 74 Conditions
1 Management
1.1 General management
1.1.1 The operator shall manage and operate the activities: (a) in accordance with a written management system that identifies and minimises risks of flooding, impact on drainage and environmental harm so far as is reasonably practicable, including those risks arising from operations, maintenance, accidents, incidents, non-conformances and those drawn to the attention of the operator as a result of complaints; and (b) using sufficient competent persons and resources. 1.1.2 Records demonstrating compliance with condition 1.1.1 shall be maintained. 1.1.3 Any person having duties that are or may be affected by the matters set out in this consent shall have convenient access to a copy of the consent.
2 Operations
2.1 Consented activities
2.1.1 The operator is only authorised to carry out the activities specified in schedule 1 table S1.1 (the “activities”).
2.2 The site
2.2.1 The activities shall not extend beyond the site, being the land shown in schedule 2 to this consent.
2.3 Operating techniques
2.3.1 The operator shall use appropriate measures, including but not limited to those in the Method of Work: (a) to minimise sediment mobilisation (b) to minimise impact on biodiversity (c) to ensure there is no increase to flood risk or detrimental impact on drainage; (d) for the storage and disposal or waste produced; and (e) to prevent and minimise environmental harm. 2.3.2 All liquids in containers, whose emission to water or land could cause pollution, shall be provided with secondary containment, unless the operator has used other appropriate measures to prevent or where that is not practicable, to minimise, leakage and spillage from the primary container. 2.3.3 Measures shall be taken to ensure that the activities do not cause the spread of invasive non-native species or plant or animal diseases.
Consent number HS2/P10089 4 75 3 Information
3.1 Records
3.1.1 All records required to be made by this consent shall: (a) be legible; (b) be made as soon as reasonably practicable; (c) if amended, be amended in such a way that the original and any subsequent amendments remain legible, or are capable of retrieval; and (d) be retained, unless otherwise agreed in writing by the Environment Agency, for at least 6 years from the date when the records were made. 3.1.2 The operator shall maintain convenient access, in either electronic or hard copy, to the records, plan and management system required to be maintained by this permit.
3.2 Reporting
3.2.1 The operator shall send all reports and notifications required by the consent to the Environment Agency using the contact details supplied in writing by the Environment Agency.
3.3 Notifications
3.3.1 The Environment Agency shall be notified no less than 14 days before the commencement of the activities. 3.3.2 The Environment Agency shall be notified no less than 7 days after the activities are completed. 3.3.3 The Environment Agency shall be notified without delay following the detection of any breach of a limit specified in the consent or any significant environmental effects resulting from the activities or of any breach of the consent. 3.3.4 Written confirmation of actual or potential incidents or effects and breaches referred to in 3.3.3 shall be submitted within 24 hours. 3.3.5 The Environment Agency shall be notified within 14 days of the occurrence of the following matters, except where such disclosure is prohibited by Stock Exchange rules: Where the operator is a registered company: (a) any change in the operator’s trading name, registered name or registered office address; and (b) any steps taken with a view to the operator going into administration, entering into a company voluntary arrangement or being wound up. Where the operator is a corporate body other than a registered company: (a) any change in the operator’s name or address; and any steps taken with a view to the dissolution of the operator.
3.4 Interpretation
3.4.1 In this consent the expressions listed in schedule 3 shall have the meaning given in that schedule. 3.4.2 In this consent references to reports and notifications mean written reports and notifications, except where reference is made to notification being made “without delay”, in which case it may be provided by telephone.
Consent number HS2/P10089 5 76 3.4.3 Any reference to a distance of a number of metres from a flood defence structure, drainage work, remote defence or sea defence is a reference to that distance as measured from the foot of the foregoing as the case may be. 3.4.4 Any reference to a distance of a number of metres from a river control work is a reference to that distance as measured from the nearest part of the river control work. 3.4.5 Any reference to a distance of a number of metres from a watercourse is a reference to that distance as measured horizontally from the foot of the bank on the landward side of the watercourse
Consent number HS2/P10089 6 77 Schedule 1 – Operations
Table S1.1 activities Activity Description of activities Limits of activities reference Temporary or enabling works
T1 Installation of temporary fencing in the The activities shall be carried out in floodplain accordance with the application form as received on 22/01/19 and plans:
Load Test Pile Compound
Arrangement Plan View
Colne Valley Viaduct – Test Piles – Locations 1, 2 and 3 Phase 1 Supporting information for consent Site Drainage Plan
The activities shall, unless otherwise agreed in writing by the Environment Agency, be a minimum 2 metres set back from top of bank of the main river. The activities shall, unless otherwise agreed in writing by the Environment Agency, be commenced within 1 month of the date of the grant of the consent and completed within 5 months of commencement.
T2 Installation of temporary structure within The activities shall be carried out in floodplain to facilitate test piling works accordance with the application form as received on 22/01/19 and plans: Load Test Pile Compound Arrangement Plan View Colne Valley Viaduct – Test Piles – Locations 1, 2 and 3 Phase 1 Supporting information for consent Site Drainage Plan
The activities shall, unless otherwise agreed in writing by the Environment Agency, be a minimum 8 metres set back from top of bank of the main river. The activities shall, unless otherwise agreed in writing by the Environment Agency, be commenced within 1 month of the date of the grant of the consent and completed within 5 months of commencement. All excavated materials shall be returned to the place they were removed from or removed from the flood plain entirely.
Consent number HS2/P10089 7 78
Schedule 2 – Site Plan
Consent number HS2/P10089 8 79
©Crown Copyright. All rights reserved. Environment Agency, 100024198, 2019
Consent number HS2/P10089 9 80 Schedule 3 – Interpretation
“application” means the application for this consent, together with any additional information supplied by the operator as part of the application. “main river” means a watercourse or part of a watercourse designated as main river on the statutory main river map held by the Environment Agency. “Method of Work” means a document forming part of the operator’s management system, setting out the working methods for carrying out the activity and what measures will be taken to avoid or minimise the risks of environmental effects. “environmental effects” means: (a) flooding or risk of flooding; (b) harm to the environment or risk of harm to the environment; and (c) detrimental impact on drainage or risk of detrimental impact on drainage. “environmental harm” means a result of human activity which may: (a) cause harm to the conservation, protection and enhancement of any species and habitats designated under any enactment as having special protection or priority; (b) prevent the achievement of environmental objectives within the meaning of the Water Framework Directive 2000/60/EC; (c) cause pollution; or (d) otherwise adversely affect the protection and enhancement of the environment.
END OF CONSENT
Consent number HS2/P10089 10 81