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Aylesbury Park Golf Club Limited

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Aylesbury Park Golf Club Limited IN PARLIAMENT HOUSE OF COMMONS SESSION 2014 HS2 PETITION Against the Bill - On Merits - Praying to be heard. TO THE HONOURABLE THE COMMONS OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND IN PARLIAMENT ASSEMBLED. THE HUMBLE PETITION OF AYLESBURY PARK GOLF CLUB LIMITED SHEWETH as foUows:- 1. A Bill (hereinafter referred to as "the Bill") has been introduced and is now pending in your honourable House entitled "A Bill to make provision for a railway between Euston in London and a junction with the West Coast Main Line at Handsacre in Staffordshire, with a spur from Old Oak Common in the London Borough of Hammersmith and Fulham to a junction with the Channel Tunnel Rail Link at York Way in the London Borough of Islington and a spur from Water Orton in Warwickshire to Curzon Street in Birmingham; and for connected purposes" 2. The Bill is presented by Mr Secretary McLoughlin, supported by the Prime Minister, the Deputy Prime Minister, Mr Chancellor of the Exchequer, Secretary Theresa May, Secretary Vince Cable, Secretary Iain Duncan Smith, Secretary Eric Pickles, Secretary Owen Paterson, Secretary Edward Davey, and Mr Robert Goodwill. 3. Clauses 1 to 36 set out the Bill's objectives in relation to the construction and operation of the railway mentioned in paragraph 1 above. They include provision for the construction of works, highways and road traffic matters, the compulsory acquisition of land and other provisions relating to the use of land, planning permission, heritage issues, trees and noise. They include clauses which would disapply and modify various enactments relating to special categories of land including burial grounds, consecrated land, commons and open spaces, and other matters, including overhead lines, water, building regulations and party walls, street works and the use of lorries, 4. Clauses 3 7 to 42 of the Bill deal with the regulatory regime for the railway. 5. Clauses 43 to 65 of the Bill set out a number of miscellaneous and general provisions, including provision for the appointment of a Nominated Undertaker ("the Nominated Undertaker") to exercise the powers under the Bill, transfer schemes, provisions relating to statutory undertakers and the Crown, provision about the compulsoiy acquisition of land for regeneration, reinstatement works and provision about further high speed railway works. Provision is also made about the application of Environmental Impact Assessment Regulations. Clause 47 of the Bill deals with powers of compulsory acquisition of land. The works proposed to be authorised by the Bill are specified in clauses 1 and 2 of and Schedules 1 and 2 to the Bill, They consist of scheduled works, which are described in Schedule 1 to the Bill and other works, which are described in clause 2 of and Schedules 2 and 3 to the Bill. 1 Petitioner Your Petitioner is the Aylesbury Park Golf Club Limited. The company has a leasehold of 25-years from the Emest Cook Trust, the freehold owner or the larger estate with several leaseholders. The officers of the company are Geoffrey Legouix, Chairman Jack Woodford and Carole Barnes. Geoffrey Legouix is the petitioner officer who is authorised to represent the interests of the company, the golf club, the members and employees who are directly and specially affected by the Bill froni the surface works, land take and alignment of 1.75Km of rail route across the course and leasehold land. Your Petitioner is located at Aylesbury Park Golf Club Limited Andrews Way, Coldharbour Way, Aylesbury Buckinghamshire HP 17 8QQ and is a local community amenity. Your Petitioner has the leasehold for 173 acres of park land protected by Covenants from English Heritage and English Nature and loses most of the course area through land take and construction. Your Petitioner practices ecological and environmental stewardship to preserve, conserve, protect and manage the flora and fauna and mussels, fish, reptiles, bats and birds. Your Petitioner's petitioner officer is representing the interests of the golf club members for some of the hundreds of local people who want to continue to use the facility. Some members including the Chairman are also directly and specially affected by the HS2 works across the adjacent farms and River Thame, as are the 11 employees who would lose their jobs on closure of the business. 2 Concerns Under the Bill the scheme receives deemed planning permission and details the terms under which a Local Planning Authority may refuse to approve plans and specifications of any operation, or works. The terms are unnecessarily restrictive and fail to offer sufficient protective interests and property. Your Petitioner is concerned that the recent failure of Aylesbury Vale District Council to complete the local plan to the satisfaction of the Govemment arid the reduction in resources in the Councils when HS2 iinpacts have imposed more requirements for such a large number of planning considerations to be assessed and the best route, changes to roads and land use objectives may not have been achieved. Permanency and amount of land take Your Petitioner objects to the disclosures in the draft and Environmental Statements ahd in the Bill plans and sections to the increasing extent of land take particularly for the Aylesbury Park Golf Club course, the adjoining football pitches and the Chairman's adjacent field and the Sedrup farm, all within the Emest Cook Trust freehold, a total rail length of 4Km. The land take destroys the Club and course. This is not compliant with SEA and Environniental Impact Assessment outcomes and this loss was not included in the public consultation, or represented by the Appraisal of Sustainability (AOS) or the Buckinghamshire County Council environmental baseline. A one track each way railway does not require the widths of land take for the corridor and for safeguarding land which are currently used as an amenity for the golf course and football pitches. From Wendovfer to Chipping Warden the Environmental Statement and the Bill exhibit extensive land take areas over and above requirements for the diversion of utilities, access and construction of a HS2 route and roads resulting in petitions. Land Acquisition The Environmental Statement prepared for the Department of Transport and the HS2 project which outlines the permanent and temporary works to be carried out along the HS2 route sections was not presented in 2010/2011 for the public consultation. Your Petitioner objects to and requires clarification for why the extent of land is required and the nature of uses of open spaces of land and the periods of time each area of land is required. Your Petitiorier submits that the land acquisition and acquisition of rights sought in respect of the land interests go beyond that which is reasonably required and other solutions can be investigated by the Promoter which do not require the extent of surface land take, or require construction traffic to use the property, resulting in the loss of 13 of the golf holes / fairways and some other play areas as well. Construction Your Petitioner is concemed about the construction and seeks undertakings and assurances from the Promoters as regards the detailed management of construction worksites so as to prevent loss of amenity to residents, including loss of golf course playing areas and open spaces during the construction period. The physical area of each proposed worksite should be kept to a minimum with the safety of the public, whether golfer, walker, visitor, pedestrians, or road users, being of paramount importance. Impacts during Construction Your Petitioner submits that the Promoter should be compelled to use Best Available Techniques (BAT) in the construction of infrastructure, roads and the railway and its associated works and structures to ensure that the noise, vibration, emissions, disruptions and construction period adverse effects are minimised. Your Petitioner submits that strict standards should be set beyond those currently envisaged by the Promoter and to which the Promoter must be made Uable to comply. (a) Visual amenity Your Petitioner is concemed that the proposed construction activities will give rise to significant impacts on the visual amenity of the users of the golf club. The works will also be intrusive to your Petitioner's club and course. (b) Noise Your Petitioner is concerned by the nuisance effects of noise arising from the construction of the proposed works and seeks provision in this regard within the Bill or binding assurances from the Promoter in this regard including the matters referred to in this petition. Throughout the whole of the construction period your Petitioner's occupation and enjoyment of the property will be detrimentally affected by noise associated with the works. Your Petitioner operates a golf club and course which relies on the ability of its employees, members to conduct their services and leisure activities without interruption or disturbance. The Environmental Statement acknowledges that peak noise and other levels at some properties are expected to exceed recommended levels. Your Petitioner is concerned at the prospect of high levels of noise in the club house and course emanating from the worksite adjacent to and in its property. Works may include piling and diaphragm walling rigs, cranes and excavators and as a consequence will have a substantial impact on your Petitioner's occupation and uses of the property, creating disruption and nuisance for all and transform the current environment. Construction traffic will also contribute to the increased noise associated with the works. The construction works for the cutting and embankment will involve considerable disturbance to the areas in question with the consequent danger of unearthing or disturbing the large water pipeline and turf and surface by wheel rutting and plant/vehicle movements and compromising drainage/ditches. The Bill makes no provision for adequate measures in terms of pre-excavation site investigation and safety measures to be employed in working in such sensitive areas.
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