Document Ref HS2/5/B

Transport and Works Act 1992 Transport and Works (Inquiries Procedure) Rules 2004

The High Speed Rail (London-West Midlands) (Greatmoor Sidings etc.) Order

Appendices to the Proof of Evidence of Gillian E Sinclair Part 2 of 2

FCC Historic and Existing Operations and Further Need

15th June 2017

Greatmoor Railway Sidings Transport and Works Act Order HS2/5/B Appendices: Gillian Sinclair – FCC Historic and Existing Operations and Further Need

CONTENTS

Appendix 9: 11-20000-AWD Section 106 Agreement (1)

Appendix 10: 11-20000-AWD Section 106 Agreement (2) Routing Agreement

Appendix 11: Greatmoor Biodiversity Partnership Terms of Reference

Appendix 12: 2016-2017 Ecological Plan Monitoring Report

Greatmoor Railway Sidings Transport and Works Act Order HS2/5/B Appendices: Gillian Sinclair – FCC Historic and Existing Operations and Further Need

Appendix 9: 11-20000-AWD Section 106 Agreement (1)

Bevan Brittan The public services law firm

DATED '2..,"\1\11\ 5u..l.A; 2012

(1) BUCKINGHAMSHIRE COUNTY COUNCIL

(2) FCC WASTE SERVICES (UK) LIMITED

(3) FIRMIN COATES LIMITED

(4) WASTE RECYCLING GROUP (UK) LIMITED

AGREEMENT PURSUANT TO SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT 1990 AND OTHER POWERS IN RELATION TO:

Land at Greatmoor Farm, Calvert In the County of Buckinghamshire

Kings Orchard 1 Queen Street Bristol BS2 OHQ www.bevanbrittan.com © Bevan Brittan LLP T 08701941000 F 08701941001 Contents Item Page

1 Definitions and Interpretation ...... 2 2 Planning Obligations ...... 7 3 Entry into Force ...... 8 4 No Encumbrance ...... 8 5 General Provisions ...... 8 6 No Waiver ...... 9 7 Interest...... '" ...... 9 8 Severability ...... 9 9 Verification and Enforcement ...... 10 10 Modifications To Be Noted ...... 11 11 Resolution of Disputes ...... 11 12 Notices ...... 12 13 First Owner's actions on exchange ...... 12 14 Deed governed by English Law ...... 12 15 Third Parties ...... 12 16 The Council's Payment Details ...... 12 SCHEDULE 1 - TRAVEL PLAN ...... 14 SCHEDULE 2 - LISTED BUILDING CONTRIBUTION ...... 16 SCHEDULE 3 - RESTRICTION ON DEVELOPMENT ...... 17 SCHEDULE 4 - ECOLOGICAL MANAGEMENT ISSUES ...... 18 SCHEDULE 5 - HIGHWAY ISSUES ...... 19 SCHEDULE 6 - DRAFT SECTION 278 AGREEMENT ...... 22 ~ r. THIS DEED is made the 1.:\ day of :.hA.l"",\ 2012

BETWEEN:

1. BUCKINGHAMSHIRE COUNTY COUNCIL of County Hall, Aylesbury, Buckinghamshire, HP2 1UA of the first part (herein referred to as the "Council")

2. FCC WASTE SERVICES (UK) LIMITED a company registered in England and Wales under Company Registration Number 00988844 whose registered office is at Ground Floor West, 900 Pavilion Drive, Northampton Business Park Northampton NN4 7RG of the second part (hereinafter referred to as the "First Owner")

3. FIRMIN COATES LIMITED a company registered in England and Wales under Company Registration Number 00988478 whose registered office is at Main Street, Cosby, Leicester LE9 1UW of the third part (hereinafter referred to as the "Second Owner")

4. WASTE RECYCLING GROUP (UK) LIMITED a company registered in England and Wales under Company Registration Number 02563475 whose registered office is at Ground Floor West, 900 Pavilion Drive, Northampton Business Park Northampton NN4 7RG of the fourth part (hereinafter referred to as the "Lessee")

RECITALS:

(1) The First Owner wishes to undertake the Development pursuant to the Permission upon the Site

(2) The First Owner is the owner of the freehold in possession of that part of the Site as hatched red on Plan 1 registered at HM Land Registry under Title Number BM232086 subject to the leasehold interests described in Recital 4 and the First Owner has an option dated 17 June 2010 to acquire a leasehold interest in the part of the Site coloured orange on Plan 1, an option dated 13 August 2010 to acquire a freehold interest in the part of the Site coloured dark blue on Plan 1 and an option dated 13 August 2010 to acquire a leasehold interest in the part of the Site coloured light blue on Plan 1

1 (3) The Second Owner is the owner of that part of the Site as edged blue on Plan 2 registered at HM Land Registry under Title Number BM307934 that is subject to an option agreement dated 3 February 2012 in favour of the First Owner

(4) The Lessee has a leasehold interest in the parts of the Site edged purple, green and yellow on Plan 1 and registered at HM Land Registry under Title Numbers BM190511, BM182537 and BM224580 respectively

(5) The obligations contained in this Deed are planning obligations for the purposes of section 106 of the Town and Country Planning Act 1990.

(6) The Council is the local planning authority by whom the obligations contained in this Deed are enforceable.

(7) The parties to this Deed are satisfied that the restrictions and provisions contained in this Deed are relevant to planning considerations concerning the Site, fairly and reasonably relate to the Development, fairly and reasonably relate in scale and kind to the Development and are reasonable in all respects.

(8) Having regard to the provisions of the local plan and the planning considerations affecting the Site the Council considers that the Development ought only to be permitted subject to the terms hereof and resolved to grant the Permission subject to the terms hereof at its Development Control Committee held on 20 April 2012

NOW THIS DEED WITNESSETH:

1 Definitions and Interpretation

1.1 The following words and phrases shall unless the context otherwise requires bear the following meanings:

"Acts" means Section 106 of the Town and Country Planning Act 1990 Section 278 Highways Act 1980 Section 111 of the Local Government Act 1972 and in each case any statutory amendment variation substitution or re-enactment thereof together with all other statutory powers and Acts pursuant to which the parties hereto shall be empowered to enter into this deed

2 "Application" means an application for planning permission with reference number 11/2000/AWD received by the Council for permission to carry out the Development upon the Site

"Butterfly Habitat" means the area of land identified hatched blue on Plan 3 attached

"Butterfly Habitat Management Plan" means the detailed plan for the development, enrichment and management of the Butterfly Habitat that will be approved as part of the Ecological Management Plan for the Site pursuant to condition 4 attached to the Permission

"Commencement of the Development" means implementation of the Permission by the carrying out of any material operation within the meaning of Section 56(2) and (4) of the Town and Country Planning Act 1990 and "Commence" and "Commenced" and cognate expressions will be interpreted in accordance with this definition

"Council" the party of the first part hereto which shall include its successors and assigns from time to time

"Development" means the erection of an Energy from Waste Facility, incinerator bottom ash processing, air pollution control residue treatment and disposal in a monocell in Pit I. 6, access road from A41, continued use of Pit 6 for waste disposal and revision to Pit 6 restoration contours and restoration scheme, commensurate amendments to restoration contours of Pit 5, extension of Pit 6 southwards into part of Pit 8, surface water management and habitat management and the demolition of Upper Greatmoor Farmhouse and Buildings pursuant to the Permission

"Ecological Management Contribution" means the sum of £2,000 (TWO THOUSAND POUNDS) to be used by the Council towards monitoring the implementation of the Ecological Management Plan throughout the operation of the Development

3 "Occupation" means occupation of the Energy from Waste Plant for the purposes of testing and operating the Energy from Waste Plant and shall not include occupation for the purposes of construction or fitting out and "Occupied" shall be construed accordingly

"Planning Manager" means the Council's Planning Manager of the Planning, Advisory and Compliance Service delegated to by the Service Director: Place or any other officer properly exercising the authority of that person for the time being

"Permission" means planning permission granted pursuant to the Application

"Plan 1" means the plan marked 'Plan l' with reference '465A357'

"Plan 2" means the plan marked 'Plan 2'

"Plan 3" means the plan marked 'Plan 3'

"Plan 4 means the plan marked 'Plan 4' with reference '465A358'

"Plan 5" means the plan marked 'Plan 5' with Drawing reference '7493/C/A41/S00'

"Plan 6" means the plan marked 'Plan 6' with Drawing reference 'GR7/2S'

"Second Owner" the party of the third part which shall include its successors and assigns from time to time

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\ , Existing Public Rights Of ~ \ Way: Bridle ways. ,, Ex isting Public Rights Of Way: Footpaths

Reinstated Public Right of W'Y

Existing footpath to be upgraded to Bridleway

Existing off site footpath to be upgraded to Brldleway

Proposed new Bridleway

Proposed public footpath and nature trail to li nk to existing routes.

Proposed new footpaths permissive whilst landfill operations are active. ultimately adopted Public Rights of Way

Existing vegetation

Proposed woodland

Proposed shrub planting

Proposed hedgerows & hedgerow trees

Proposed habitat creation

Proposed scrapes. shallows & wetlands

Open water areas

Existin g vegetation surveyed along access road.

\ \ \ I , "Service Director: Legal & Democratic Services" means the Council's Service Director: Legal & Democratic Services or any other officer properly exercising the authority of that person for the time being

"Site" means all that piece or parcel of land edged red for the purposes of identification only on Plan 1 and the strip of land identified as a butterfly habitat edged blue on Plan 3

"Site Travel Plan Coordinator" means a member of staff based onsite at the Energy from Waste Plant who within the formal remit of their job description will have responsibility for the implementation, management and operation of the Travel Plan, coordination between staff, and liaison between the First Owner, the Lessee and the Council in accordance with the provisions of the Travel Plan

"Travel Plan" means the travel plan prepared by the First Owner and/or the Lessee and approved by the Council the object of which shall be to encourage employees to adopt environmentally friendly modes of travel for work related travel and encourage employees to use private vehicles less particularly for commuting and to use the alternatives of public transport and car-sharing whilst travelling to and from work or whilst on work business

"Travel Plan Fee" means the sum of £2,000 (TWO THOUSAND POUNDS) to be paid to the Council in respect of its role in monitoring reviewing and supervising the implementation of the Travel Plan

"Travel Plan Notice" means a notice in writing by the Council provided to the First Owner and/or the Lessee confirming details of a breach in the implementation or operation of the Travel Plan

"Travel Plan Review" means a written document setting out the results of a review of the operation and effectiveness of the Travel Plan during the previous 12 months

6 1.2 Any covenant by the First Owner, the Lessee, the Second Owner or the Council not to do any act or thing shall be deemed to include an obligation not to permit or suffer such act or thing to be done by another person where knowledge of the actions of the other person is reasonably to be inferred;

1.3 Any references to any particular statute include any statutory extension, modification, amendment or re-enactment of such statute and also include any subordinates instruments, regulations or orders made in pursuance of it;

1.4 Where under this Deed any notice, approval, consent, certificate, direction, authority, agreement, action, expression of satisfaction is required to be given or reached or taken by any party or any response is requested any such notice, approval, consent, certificate, direction, authority, agreement, action, expression of satisfaction or response shall not be unreasonable or unreasonably withheld or delayed;

1.5 The headings appearing in this Deed are for ease of reference only and shall not affect the construction of this Deed;

1.6 Where reference is made to a Clause, Part, Plan, Paragraph, Recital or Schedule such reference (unless the context requires otherwise) is a reference to a clause, part, plan, paragraph, recital or schedule of or to (or in the case of Plan attached to) this Deed; and

1.7 In this Deed the singular includes the plural and vice versa and masculine includes the feminine and vice versa.

2 Planning Obligations

This Deed is made pursuant to the Acts and both the positive and restrictive covenants and undertakings herein on the part of the First Owner, the Second Owner and the Lessee are entered into with the intent that the same shall be enforceable without limit of time not only against the First Owner, the Second Owner and the Lessee but also against their successors in title and assigns and any person corporate or otherwise claiming through or under the First Owner, the Second Owner and the Lessee an interest or estate created hereafter in the Site or any part or parts thereof as if that person had also been an original

7 covenanting party in respect of such of the covenants and undertakings which relate to the interest or estate for the time being held by that person PROVIDED THAT no party hereto shall be liable for a breach of covenants relating to any part of the Site which occur once he, she or it has parted with all interests relating to that part of the Site but without prejudice to liability for any antecedent breach.

3 Entry into Force

This Deed shall come into effect upon the grant of the Permission.

4 No Encumbrance

The First Owner, the Second Owner and the Lessee HEREBY COVENANT with the Council that it will not enter into any covenant or agreement relating to any part of the Site whose effect would be to preclude the carrying out of the planning obligations and covenants contained in this Deed Provided That for the avoidance of doubt this Clause will not prevent any disposal or dealing by the grant of lease or otherwise with the First Owner's, the Second Owner's or the Lessee's interest in any part of the Site.

5 General Provisions

IT IS HEREBY AGREED AND DECLARED that:

5.1 the covenants on behalf of the parties hereto to be observed and performed under this Deed shall be treated as Local Land Charges and registered at the Local Land Charges Registry for the purposes of the Local Land Charges Act 1975.

5.2 Nothing in this Deed shall prejudice or affect the rights powers duties and obligations of the Council in the exercise by it of its statutory functions and the rights powers duties and obligations of the Council under private or public statutes bye laws orders and regulations may be as fully and effectively exercised as if it were not a party to this Deed.

5.3 The First Owner hereby agrees to observe and perform the covenants set out in Schedules 1 to 5 (inclusive) hereof

8 5.4 The Second Owner hereby agrees to observe and perform the covenants set out in Schedule 4 and paragraph 1.1 of Schedule 5 hereof

5.5 The Lessee hereby agrees to observe and perform the covenants set out in Schedules 1, 3 and 5 hereof

5.6 The Council will on written request from the First Owner and on payment of its reasonable costs and expenses certify whether or not an obligation under this Deed has been satisfied; and

5.7 Nothing in this Deed shall be construed as granting permission to the parties to the Agreement or their agents or servants from time to time to carry out works on a highway for which the Council is the highway authority.

6 No Waiver

No waiver (whether express or implied) by the Council of any breach or default by First Owner, the Second Owner and the Lessee performing or observing any of the covenants undertakings obligations or restrictions contained in this Deed shall constitute a continuing waiver and no such waiver shall prevent the Council from enforcing any of the said covenants undertakings obligations or restrictions or from acting upon any subsequent breach or default in respect thereof by First Owner, the Second Owner and the Lessee.

7 Interest

Without prejudice to any other right remedy or power herein contained or otherwise available to the Council if any payment of any sum referred to herein shall have become due but shall remain unpaid for a period exceeding fourteen days the First Owner, the Second Owner or the Lessee shall pay on demand to the Council interest thereon at the interest rate of Three per centum per annum above the base lending rate of the National Westminster Bank pic from the date when the same became due until payment thereof.

8 Severability

Each Clause Sub-clause Schedule or paragraph shall be separate distinct and severable from each other to the extent only that if any Clause Sub-clause Schedule or paragraph becomes or is invalid because of a change of circumstances or any other unforeseen

9 reasons or if anyone or more or such Clause Sub-clause Schedule or paragraph shall be held by the Courts to be void for any reasons whatsoever but would be valid if severed or any wording was deleted or any time period reduced or scope of activities or area covered diminished then any modifications necessary to ensure such Clause Sub-clause Schedule or paragraph be valid shall apply without prejudice to any other Clause Sub-clause Schedule or paragraph contained herein.

9 Verification and Enforcement

9.1 The First Owner, the Second Owner and the Lessee shall permit the Council and its authorised employees and agents upon reasonable notice to enter the Site at all reasonable times for the purpose of verifying whether or not any obligation arising hereunder has been performed or observed.

9.2 Without prejudice to the terms of any other provision herein the First Owner, the Second Owner or the Lessee shall pay the reasonable legal charges and expenses (including without prejudice to the generality thereof reasonable legal costs and reasonable Surveyor's fees) incurred by the Council for the purpose of or incidental to the enforcement of any right of power of the Councilor of any obligation of the First Owner, the Second Owner or the Lessee arising hereunder.

9.3 Without prejudice to any other right remedy or power herein contained or otherwise available to the Council if there is a breach of a requirement in a planning obligation herein to carry out any operations in on under or over the Site the Council may:

(a) Enter the Site and carry out the operations complying with the First Owner's, the Second Owner's or the Lessee's reasonable health and safety requirements; and

(b) Recover from the First Owner, the Second Owner or the Lessee any expenses reasonably incurred by the Council in doing so as a debt due and owing.

PROVIDED THAT before taking such remedial action the Council shall give the First Owner, the Second Owner or the Lessee written notice of the matter in default and allow not less than 21 days from the date of such notice to elapse without the First Owner, the

10 Second Owner or the Lessee remedying the matter in default or such other time in the case of any emergency.

10 Modifications To Be Noted

In the event of the planning obligations contained in this Deed being modified a note or memorandum thereof shall be endorsed upon this Deed.

11 Resolution of Disputes

11.1 In the event of any dispute between the parties hereto any party may invite any other party to resolve the dispute by mediation in such manner as the parties may agree.

11.2 In the event of a dispute between the parties (other than a dispute relating to a matter of law or in relation to the interpretation of this Deed) the parties agree that the matter in dispute will on the application of either of them be referred to a person acting as an expert (hereinafter referred to as the "Expert") being a person with not less than 10 years' recent and relevant experience of the matter in dispute whose identity will be agreed between the parties or in default of agreement appointed by or on behalf of the president for the time being of the RTPI on the application of any party and it is further agreed that:

11.2.1 the determination of the Expert will be final and binding on the parties save in the case of manifest error;

11.2.2 the parties will be entitled to make representations and counter representations in accordance with such timetable as the Expert shall direct; and

11.2.3 the Expert's costs will be borne in such proportions as he may direct failing which each party will bear its own costs of the reference and determination and one-half each of the Expert's costs.

11 12 Notices

12.1 Any notice to be served in accordance with this Deed shall be validly served if served in accordance with Section 196 of the Law of Property Act 1925 as amended by the Recorded Delivery Service Act 1962

12.2 Any notice to be served on the Council shall be addressed to the Service Director: Legal & Democratic Services and shall quote the reference number referred to in the definition of "Application" in clause 1.1 hereof.

13 First Owner's actions on exchange

The First Owner will on completion of this Deed pay the Council's reasonable legal sealing administrative and other professional costs incurred in the negotiation and preparation of this Deed.

14 Deed governed by English Law

This Deed is subject to and will be construed in all respects in accordance with the provisions of English Law.

15 Third Parties

Without prejudice to the definitions of the "Council" the "First Owner" and the "Second Owner" and the "Lessee" given in clause 1.1 hereof it is not intended that this agreement should give rights hereunder to a third party arising solely by virtue of the Contract (Rights of Third Parties) Act 1999.

16 The Council's Payment Details

Payments can be made via BACS payment to Buckinghamshire Council Receipts Account - Lloyds TSB Bank Pic - Account Number 01336512 - Sort Code 30-00-02 or via cheque made payable to "Buckinghamshire Council". The First Owner must notify Matthew Robins at [email protected] and copy the email to [email protected] on the same day as a BACS payment is transferred to the Council so the Finance Team can allocate the incoming payment accurately.

12 IN WITNESS whereof the parties hereto have executed this Deed the day and year first before written

13 SCHEDULE 1 - TRAVEL PLAN

1 The First Owner and the Lessee shall:

101 not Commence the Development unless and until the First Owner and/or the Lessee has submitted the Travel Plan to the Council and received the written approval of the Council to the Travel Plan

102 not cause or permit the Energy from Waste Plant comprised in the Development to be Commenced until the First Owner and/or the Lessee has implemented the Travel Plan

103 continue to implement the Travel Plan in accordance with its terms until the Energy from Waste Plant shall cease to operate

1 A monitor and review the Travel Plan and submit a Travel Plan Review for approval by the Council not later than 12 months after the date on which the Energy from Waste Plant is first Occupied and then annually thereafter until the said plant ceases to operate

105 discuss the Travel Plan Review with the Council and implement such changes to the Travel Plan as are agreed in writing by the Council as soon as reasonably practicable following receipt of the written agreement from the Council

106 appoint a Site Travel Plan Co-ordinator prior to the Occupation of the Energy from Waste Plant and continue the said appointment until the said plant ceases to operate

107 pay to the Council the Travel Plan Fee prior to the Occupation of the Energy from Waste Plant

108 following receipt of a Travel Plan Notice the First Owner and/or the Lessee shall use reasonable endeavours to meet with the Council within 28 days of service of the relevant Travel Plan Notice to discuss and where possible agree actions to remedy failures in respect of the implementation and operation of the Travel Plan

14 1,9 implement actions to remedy failures identified as may be agreed with the Council pursuant to paragraph 1,8 of this Schedule 1 above or otherwise as directed by the Council in its sole discretion in the absence of such an agreement or if directed by the Council to pay a sum to the Council to implement measures to remedy failures or to achieve a similar mitigation effect

1,10 any consents that are required pursuant to this Schedule 2 shall not be unreasonably withheld or delayed and any disputes arising from the provisions of this Schedule 2 shall be referred to an Expert for determination pursuant to the provisions of Clause 11 of this Agreement

15 SCHEDULE 2 - LISTED BUILDING CONTRIBUTION

1.1 The First Owner covenants that the value of the works to be carried out pursuant to the detailed management plan required by condition 15 attached to the Permission relating to the maintenance, repair and improvement of Lower Greatmoor Farmhouse and the improvement of its setting shall be not less than £75,000 (SEVENTY FIVE THOUSAND POUNDS).

1.2 Following Commencement of the Development the First Owner shall use reasonable endeavours to enter into an agreement with the owners of Finemerehill House to facilitate the use of the Finemerehill House Contribution and shall upon request by the Council provide written evidence to the Council of the actions that it has taken pursuant to the provisions of paragraph 1.2 of this Schedule 2 and a copy of the form of the agreement with the owners of Finemerehill House when it is completed

1.3 In the event that the First Owner has not entered into an agreement pursuant to paragraph 1.2 of this Schedule 2 prior to Occupation of the Development the First Owner shall not Occupy the Development until it has transferred the Finemerehill House Contribution to the Council to enable the Council to utilise the Finemerehill House Contribution towards the protection and enhancement of Finemerehill House

16 SCHEDULE 3 - RESTRICTION ON DEVELOPMENT

1 The First Owner and the Lessee covenant that they shall not following Commencement of the Development win work or extract or permit the winning working or extraction of any minerals within the Site pursuant to planning permission 97/2002/AMI or otherwise other than within the land shown hatched green on Plan 2

17 SCHEDULE 4 - ECOLOGICAL MANAGEMENT ISSUES

1.1 The First Owner and the Second Owner shall not commence the construction of the New Access Road comprised in the Development until the Butterfly Habitat Management Scheme has been approved by the Council

1.2 The First Owner and/or the Second Owner shall implement the provisions of the Butterfly Habitat Management Scheme approved pursuant to Paragraph 1.1 of this Schedule 4 prior to the Occupation of the Energy from Waste Plant and shall continue to implement the said provisions for the duration of the operation of the Energy from Waste Plant pursuant to the Permission

1.3 The First Owner and the Second Owner shall grant all rights to the Council that the Council may require to enable the Council to inspect the Butterfly Habitat and the implementation of the Butterfly Habitat Management Scheme

1.4 The First Owner and/or the Second Owner shall not Commence the Development unless and until it has paid the Ecological Management Contribution to the Council

18 SCHEDULE 5 - HIGHWAY ISSUES

Highway Works

1.1 The First Owner, the Second Owner and the Lessee hereby covenant with the Council that they shall enter into the Highway Works Agreement within 3 months of Commencement of the Development so as to secure the construction of the Highway Works as shown in principle on Plan 5

1.2 The First Owner and the Lessee hereby covenants with the Council not to cause or permit the Occupation of the Development until the Highway Works have been completed and are fit for public vehicular use

Rights of Way

1.3 The First Owner and/or the Lessee shall implement the alterations and improvements to the rights of way described in the entries for PROW Numbers 1 to 4 (inclusive) in Table 1 below in accordance with the details and timescales set out in Table 1 and in accordance with the details shown on Plan 6

1.4 The First Owner and the Lessee covenant with the Council not to cause or permit the Occupation of the Development until the relevant owners and any lessees have entered into an agreement with the Council under section 25 of the Highways Act 1980 to facilitate the creation of the new rights of way described in the entries for PROW Numbers 5 to 10 (inclusive) in Table 1 below

1.5 The First Owner and the Lessee covenant with the Council to implement the creation of the new rights of way described in entries 5 to 10 (inclusive) in Table 1 below in accordance with the details and timescales set out in Table 1 and in accordance with the details shown on Plan 6

19 Table 1 -Improvements to existing rights of way and creation of new rights of way

PROW NO. PROW Route Impact of Proposed Changes Anticipated date for Type Proposed Implementation Development 1 CAG/4/3 Footpath UPGRADE to bridleway to Within 12 months of completion form part of circular of landfilling on pits 4/5unless bridleway route round site otherwise agreed with the Council. 2 EDGE/1211 Footpath Partly off-site. UPGRADE Within 12 months of completion to bridleway to link with of landfilling on pits 4/5unless CAG/4/3 (with local otherwise agreed with the authority approval for off- Council. site section) 3 GUN/23/1 Footpath UPGRADE to bridleway to Within 12 months of completion link with EDGE/1211 of landfilling on pits 4/5unless otherwise agreed with the Council. 4 GUN/24/1 Footpath UPGRADE to bridleway to Within 12 months of completion link with GUN/23/1 of landfilling on pits 4/5unless otherwise agreed with the Council. 5 New ROW Footpath Linking footpath CREATION to form part of Within 12 months of completion across Pit 5 CAG/511 with network of ROW across of landfilling on pits 415unless upgraded bridleway the restored site. otherwise agreed with the EDGEI1211 See A - B on GR7/25. Council. 6 New ROW Bridleway Linking CAGI413 CREATION to form part of Within 12 months of completion along N (SW boundary of circular bridleway route of landfilling on pits 415unless boundary of landfill) with round site otherwise agreed with the site CAG/311 (NE Council. boundary of landfill) 7 New ROW Footpath Linking new ROW CREATION to form part of Long term - within 12 months of across Pits along N boundary network of ROW across completion of Pit 6 or relevant 4. 5 and 6 (above) to footpath the restored site. phases over which the route CAGI511 and to See C - D on GR7125. runs unless otherwise bridleway CAG/3/2. agreed with the Council. to also form link

20 PROW NO. PROW Route Impact of Proposed Changes Anticipated date for Type Proposed Implementation Development with footpath CAG/2/1 8 New ROW Sridleway CREATION of new Within 12 months of completion across bridleway link across of EfW and ISA development undeveloped application site to link and landscaping works. unless land QUAl36/1 with GUN/36/1 otherwise agreed with the and GUN 1314. Council (Yellow line on GR7/25). 9 New ROW Footpath Linking GUN/36/1 CREATION to form part of Within 12 months of completion to form at entrance to network of Row round site. of EfW and ISA development nature trail Lower Greatmoor See F -G -H on GR7/25. and landscaping works. unless on Farm with new otherwise agreed with the undeveloped bridleway (above) Council land and running on to join EDGE/12!1 10 New ROW Footpath Linking new ROW CREATION to form part of Long term - within 12 months of across Pit 6 across Pits 4. 5 and network of ROW across completion of Pit 6 or relevant 6. from point E to the restored site phases over which the route two points on new runs unless otherwise nature trail. agreed with the Council.

21 SCHEDULE 6- DRAFT SECTION 278 AGREEMENT

22 THE COMMON SEAL of BUCKINGHAMSHIRE COUNTY COUNCIL was hereunto affixed in the presence of:-

/ c '<\-1------~ .- ----rt-/;'1 } . Authorised Signatory U

EXECUTED as a DEED by FCC WASTE SERVICES (UK) LIMITED acting by:-

Director

EXECUTED as a DEED by

FIRMIN COATE::;,Z;t~

Director / ,rlt/lCOa; /» DirectorlSi8Fetury N~

EXECUTED as a DEED b . WASTE RECYCLING GROUP (UK) LIMITED acting by (r-_-I+---,c.:::l.,-.

Director

l3ifaatorlSecretary

23 DATED 20

FCC WASTE SERVICES (UK) LIMITED

- and-

BUCKINGHAMSHIRE COUNTY COUNCIL

-and-

{

Draft!

DEED

SECTION 278 AGREEMENT concerning land at Lower Greatmoor Farm, Calvert in the County of Buckinghamshire

ANNE DAVIES HEAD OF LEGAL AND DEMOCRATIC SERVICES COUNTY HALL AYLESBURY BUCKINGHAMSHIRE TEL: 01296 395000 FAX: 01296 382421 DX: 97401 AYLESBURY REF: TP.1/9 [ 1DV0002.[ 1 T HIS DEE D is made the day of Two thousand and [

BETWEEN

(1) FCC WASTE SERVICES (UK) LIMITED (Company Registration Number 00988844 ) whose registered office is at Ground FloorWest, 900 Pavilion Drive, Northampton Business

Park, Northampton NN4 7RG (hereinafter called "the Developer" which expression shall include its successors and assigns)

(2) I (Company Registration Number) whose registered office is at [

(hereinafter called ["the Owner"] which expression shall include its successors and assigns)

(3) I (Company Registration Number) whose registered office is at [

(hereinafter called "the Mortgagee")

(4) I (Company Registration Number) whose registered office is at [

(hereinafter called "the Surety") and

(5) BUCKINGHAMSHIRE COUNTY COUNCIL at County Hall Walton Street Aylesbury

Buckinghamshire HP20 1 UA (hereinafter called "the Council")

WH E REAS:

INTERPRETATION

IN this Deed the following expressions unless the context otherwise requires have the following meanings:-

(1) '~he Bond" means a bond of [ ] POUNDS (£[ ]) in which

sum the [Developer] [Owner] and the Surety are [to

be] bound to the Council in accordance with Clause

[8/9]

(1) "the Deposit" means a deposit of [ ]POUNDS(£[ ]) to be

lodged with the Council in accordance with the terms

of Clause [8/9]

1 (2) "the Contract" means the contract described in Clause 2(3)

(3) "the Design" means the design or designs for the Improvement

Works including all pre-condition surveys, drawings,

specifications, technical details, adopted standards

and any other information required in connection with

the Improvement Works

(4) "the Designer" means the person or organisation appointed by the

Developer or its contractor for the purpose of

preparing the Design

(5) "the Development" means the erection of an Energy from Waste Facility,

incinerator bottom ash processing, air pollution control

residue treatment and disposal in a monocell in Pit 6,

access road from A41, continued use of Pit 6 for

waste disposal and revision to Pit 6 restoration

contours and restoration scheme, commensurate

amendments to restoration contours of Pit 5,

extension of Pit 6 southwards into part of Pit 8, surface

water management and habitat management and the

demolition of Upper Greatmoor Farmhouse and

Buildings pursuant to planning permission granted

under Planning Application Number 11/2000/AWD

(6) "the Final Certificate" means the final certificate to be issued by the Head of

Transport for Buckinghamshire on expiry of the

Maintenance Period in accordance with Clause 6

(7) "the Head of

Transportation" means the Head of Transport for Buckinghamshire

from time to time delegated representative of the

2 Council Highway Authority

(8) "the Highway Land" means the public highway[s] known as [ ] and

identified on drawing number[s] [ ] annexed

(9) "the Conditions" means the Institution of Civil Engineers Standard

Conditions of Contract Measurement or such other

industry recognised standard form of contract

approved by the Head of Transport for

Buckinghamshire

(10) "the Improvement Works" means the improvement works described in the

Second Schedule

(11) "the Land" means the land described in the First Schedule

(12) "the Maintenance Period" means a period of twenty four months from the date

on which the Head of Transport for Buckinghamshire

shall issue the Provisional Certificate

(13) "the Operative Provisions" means [Section 106 of the Town and Country

Planning Act 1990 (as substituted by the Planning and

Compensation Act 1991) and] Section 278 of the

Highways Act 1980 (as substituted by the New Roads

and Street Works Act 1991) and [Section 111 of the

Local Government Act 1972 and Section 2 of the

Local Government Act 2000]

(14) "Pre-Condition Survey" means a survey to determine the suitability of the

highway to accommodate the Improvement Works

(15) "the Programme" means the proposed plan of execution of the

Improvement Works, identifying key work stages,

activities, site operations, tasks and associated

timescales including dates of commencement,

3 duration and completion

(16) "the Provisional Certificate" means a provisional certificate of completion to be

issued by the Head of Transport for Buckinghamshire

on completion of the Improvement Works in

accordance with Clause 5(1)

(17) "Statutory Undertakers" means any Undertakerwithin the meaning of the New

Roads and Street Works Act 1991

RECITALS

(1) The [Developer] [Owner] is entitled for an estate in fee simple free from encumbrances [but subject to a mortgage] to the Land

(2) By a Mortgage or Legal Charge dated the [ ] day of [ ] One thousand nine hundred and [ ] [("the Mortgage")] [("the Legal Charge")] and made between the

[Developer] [Owner] of the one part and the Mortgagee of the other part the Land was

[mortgaged] [charged] to the Mortgagee

[(3) The Owner has agreed by a contract dated the [ ] day of [ ] One thousand nine hundred and [ ] to sell the Land to the Developer upon the terms and conditions therein contained] [106 only]

( ) Pursuant to the Highways Act 1980 the Council is the highway authority for the

County of Buckinghamshire and as such has control of the Highway Land and is satisfied that the Improvement Works will be of benefit to the public

( )The Council has granted planning permission for the Development subject to completion by the Developer of such arrangements as would secure the execution of the Improvement

Works.

( ) The Mortgagee consents to the giving of the covenants on the part of the [Developer]

[Owner] as provided herein

( ) The Surety has agreed to join in this Deed as provided herein

NOW THIS DEED WITNESSES

4 1. COVENANTS

(1) For the purpose of completing the arrangements referred to above the [Developer]

[and the Owner] has [have] agreed to enter into this Deed [and are hereinafter together

referred to as "the Developer"] and to give the Council the covenants appearing below to the

intent that the Improvement Works shall form part of the highways maintainable althe public

expense

(2) Covenants made hereunder:-

(i) if made by a party consisting of more than one person are made jointly and

severally by those persons and

(ii) are to the intent that the same shall bind whomsoever shall become a

successor or successors in title to the Land and

[(iii) are to the intent that the same shall operate as a charge on the Land and

shall be registered in the Register of Local Land Charges] [106]

[(3) Covenants on the part of the Developer [Owner] contained in this Deed are planning

obligations for the purposes of Section 106 of the Town and Country Planning Act 1990 (as

amended as aforesaid) and are enforceable by the Council as Local Planning Authority][1 06]

2. OPERATIVE PROVISIONS

IN pursuance of the Operative Provisions the Developer [with the consent of the Mortgagee

testified by its execution of this Deed] for itself and its successors in title to the Land hereby

covenants with the Council to the intent that this Deed shall be enforceable in accordance

with the aforementioned statutory provisions or each or any of them as follows:-

(1) Improvement Works

The Developer shall not [commence construction of][occupy] [permit occupation of] [ ] any

building or buildings comprised in the Development or any part thereof until the Improvement

Works shall have been completed to the reasonable satisfaction of the Head ofTransportfor

Buckinghamshire and are available for use by public [vehicular] traffic and for the avoidance

of doubt the expression "completed" shall be the date of issue by the Council of the

5 Provisional Certificate

(2) Approval of Plans

The Developer shall submit the Design to the Head of Transport for Buckinghamshire for his approval and subject to the approval of the Head of Transport for Buckinghamshire of the

Design the Developer shall at its own expense secure the execution of the Improvement

Works in accordance with the plans and specifications as approved and in accordance with such other plans and specifications as may be notified from time to time and before the issue of the Provisional Certificate by the Head of Transport for Buckinghamshire to the Developer in addition to or in variation of the DeSign provided that any such other plans and specifications shall only supplement or vary the Design as to matters of detail and not as to substance or extent of the Improvement Works and provided further that the carrying out of any works shown on any such other plans and specifications shall not unreasonably delay or cause unreasonable additional cost to the Developer in the execution of the Improvement

Works

(3) The Contract

(a) The Developer shall secure the execution of the Improvement Works by

engaging a contractor first approved by the Head of Transport for Buckinghamshire

under the Contract which will incorporate the Conditions and no works shall

commence until a copy of the Contract together with evidence that it has been legally

executed has been produced to the Head of Transport for Buckinghamshire

(b) The Improvement Works shall be completed with all due diligence in

accordance with both the Design and the Programme and in accordance with the

terms of this Deed to the reasonable satisfaction of the Head of Transport for

Buckinghamshire

reasonable written instructions to "the Engineer" appointed under the Contract and

the latter shall comply with any such reasonable instructions so as to ensure that the

6 Improvement Works are executed in accordance with the matters specified in sub

clause 2(3)(b)

(4) Commencement of Improvement Works

No Improvement Works shall be commenced until the Developer has first:

(a) paid all fees due to be paid to the Council prior to commencement of the

Improvement Works

(b) given the Head of Transport for Buckinghamshire not less than two month's

written notice of its intention to commence the Improvement Works

accordance with Design Manual for Roads and Bridges HD 19.03 and submitted

copies of the same to the Head of Transport for Buckinghamshire for approval

(d) The Developer shall ensure the following are complied with during the

execution of the Improvement Works:-

(i) all drainage alterations other ancillary works and alterations to mains

services and apparatus belonging to Statutory Undertakers shall be carried

out as necessary

(ii) at the interfaces with existing works all new works shall tie in by line

and level with any existing kerb footway and carriageway and existing works

shall be made good

(iii) alterations and additions to the existing street lighting system as may

be required by the Head of Transport for Buckinghamshire

(iv) alterations to the road and traffic signs road markings and other street

furniture as may reasonably be required by the Head of Transport for

Buckinghamshire

(v) management and control of traffic on [ 1during the course of the

works shall be strictly by agreement with the Head of Transport for

Buckinghamshire. No changes may be made to any traffic layout without the

7 prior agreement of the Head of Transport for Buckinghamshire unless under

instruction from the Police or other emergency service, Temporary traffic

signal may be used (between the hours of 9,30 and 16,30 only) but the Head

of Transport for Buckinghamshire reserves the right to secure their removal at

times of heavy traffic flow or for any other emergency

(5) Maintenance

The Developer shall at its own expense for the duration of the Maintenance Period to the satisfaction in ali respects of the Head of Transport for Buckinghamshire:-

(a) maintain the Improvement Works

(b) in relation to the Improvement Works reinstate and make good any defect or

damage that may arise from any cause whatsoever or be discovered during the

Maintenance Period and between the expiry thereof and the issue of the Final

Certificate

Audit in accordance with Design Manual for Roads and Bridges HD 19/03 to be

conducted in relation to the completed Improvement Works and execute at the

Developer's expense any additional items of work identified in these audits

PROVIDED THAT the Maintenance Period shall be deemed to continue until any necessary remedial works or additional items arising as a result of safety audits have been properly completed and the Final Certificate issued

(6) Insurance

The Developer shall

(a) during the course of implementing the Improvement Works and without

prejudice to any policies of insurance at its own expense reinstate or repair any

damage caused or occurring through the fault of the Developer or its contractors

servants agents or workmen to any public highway or to any apparatus or services

therein belonging to any Statutory Undertakers and

8 (b) without prejudice as aforesaid be solely liable for and indemnify the Council in

respect of and shall insure with insurers reasonably acceptable to the Council against

any liability loss damage claims or proceedings whatsoever arising under any statute

or common law in respect of damage to property or personal injury or to the death of

any person whomsoever arising out of or in the course of or caused by the

performance of the Improvement Works unless due to the direct negligence of the

Councilor its servants or agents

Transport for Buckinghamshire with a copy of the relevant insurance policy together

with evidence that premiums have been paid up to date and thereafter provide such

evidence of such insurance as the Councilor its officers may properly require

(7) Statutory Notices

The Developer shall be responsible for serving all appropriate notices required by statute and shall be entirely responsible for meeting any proper costs in diverting or altering Statutory

Undertakers' services and for the avoidance of doubt the Developer has delegated authority to act on behalf of the Council for the purposes of issuing notices under section 84 of the

New Roads and Street Works Act 1991

(8) Construction (Design and Management) Regulations 2007 ("the CDM

Regulations")

(a) The Developer hereby acknowledges its responsibilities under the CDM

Regulations and in particular its responsibility to appoint a CDM Co-ordinator in

relation to the Improvement Works

(b) The Developer shall advise the Council in writing of the names and addresses

of the said CDM Co-ordinator, of the Designer, and of the Principal Contractorwithin

the meaning of the CDM Regulations prior to commencement of the Improvement

Works

9 responsibility to prepare and maintain a health and safety file for the Improvement

Works and prior to the issue of the Final Certificate the Developer shall procure that

the Council shall have been provided with a copy of the said health and safety file

(9) Council Powers

Subject as mentioned in Clause 3 if the Developer shall fail to execute and complete the

Improvement Works in accordance with sub-clauses (2) and (3) or comply with its obligations contained in sub-clauses (5) (6) and (7) the Council shall be entitled to execute or complete the Improvement Works or remedy any defect or damage by their own employees or by contract in such manner as they see fit and the reasonable and proper cost thereof as

properly certified by the Head of Transport for Buckinghamshire shall be recoverable on demand from the Developer or the Surety [as defined in Clause 9( 1)]

(10) Inspection

The Developer shall permit the Head of Transport for Buckinghamshire to enter on the Land and to have access to the Improvement Works at all reasonable times for the purpose of inspecting and supervising the execution or maintenance of the Improvement Works and to ensure compliance with this Deed but not so as to cause damage nor so as to impede progress

(11) Costs

(a) The Developer shall pay to the Council the sum of [ ] (£ Jon execution of this Deed in respect of the fees of the Head of Transport for Buckinghamshire in inspecting both the execution and maintenance of the Improvement Works in accordance with the terms of this

Deed, the Engineer's administrative costs and the Design Check fees

(b) The Developer shall pay to the Council, on execution of this Deed, the reasonable legal costs incurred during the preparation of this Deed

(c) Payments can be made via BACS payment to Buckinghamshire County Council Receipts Account - Lloyds TSB Bank Pic - Account Number 01336512 - Sort Code 30-00-02 or via cheque made payable to "Buckinghamshire County Council". The Developer must notify «case_b_6_Name1» at «case_b_6_Email» and copy the email to

10 [email protected] on the same day as a BACS payment is transferred to the Council so the Finance Team can allocate the incoming payment accurately. (12) Testing of Materials

The Developer shall pay to the Council the costs reasonably incurred in connection with the laboratory testing of materials required in connection with the execution of the Improvement

Works

(13) Technical Standards

The Developer shall bear all additional costs in connection with the Improvement Works including additional land acquisition and design costs that become payable as a result of any changes in technical standards between the approval and completion of the Improvement

Works

(14) Safety Audit Inspection Fees

The Developer shall pay to the Council the reasonable fees per safety audit on demand in respect of the fees of the Head ofTransport for Buckinghamshire for inspecting a safety audit o Commuted Sums

The Developer shall pay to the Council the sum of [ ] POUNDS (£) [prior to the commencement of the Improvement Works] [on the execution of this Deed] [on the issue of the Final Certificate] in respect of the commuted sums in accordance with the Councils' prevailing policy for the future maintenance/charging/replacement costs of the following:

(i)

(ii)

(iii)

(15) Indexation

Any sum referred to in the Deed as payable or to be applied by any party other than the

Councils under this agreement shall be paid or applied TOGETHER WITH if such payment or application is being made after the date of this Deed a further sum ("A") being equal to the original sum ("B") multiplied by a figure being a fraction of with the Index figure last published

11 at the date hereof is the denominator ("X") and the last Index figure published before the date

such payment or application is made ("Y") less the last published Index figure at the date

hereof eX") is the numerator so that

A = B xCV-X)

3. ACTIVATION OF DEED

FOR the avoidance of doubt it is hereby declared that no obligation to execute the

Improvement Works shall arise unless and until the Developer or its successors in title as the

case may be of the Land signifies its intention in writing to the Council to commence

development of the Land or any part of it in accordance with any planning permission granted

pursuant to the application aforesaid or with the renewal orvariation of such permission AND

if the Developer shall fail to give such notice but commence either the Development or the

Improvement Works then such action by the Developer shall activate this Deed and the

Council's rights and powers hereunder shall immediately arise and be of full force and effect

4. ACCESS TO HIGHWAY LAND

THE Council shall permit the Developer its contractor servants and agents full and free

access to the Highway Land for the purpose of enabling the Developer to execute and to

carry out the maintenance of the Improvement Works in accordance with this Deed

5. PROVISIONAL CERTIFICATE

(1) UPON the completion of the Improvement Works to his reasonable satisfaction the

Head of Transport for Buckinghamshire shall issue the Provisional Certificate and deliver the

same to the Developer

(2) From the date of the Provisional Certificate the Improvement Works shall be and

remain for ever open to the use of the public for all highway purposes

(3) Upon the issue of the Provisional Certificate the Developer shall supply to the Head of

Transport for Buckinghamshire a full set of electronic drawings as modified to show the

Improvement Works as constructed including a coloured copy of the plan showing all areas

12 which shall have become public highway as stated in sub-clause 5(2)

6. ADOPTION OF IMPROVEMENT WORKS

THE Council as highway authority hereby agrees that upon the expiration of the Maintenance

Period and after the Developer has made good any defects or damage to the satisfaction of

the Head of Transport for Buckinghamshire the Head of Transport for Buckinghamshire shall

forthwith issue the Final Certificate indicating that the works have been executed and

maintained to his satisfaction and the Council shall thereafter maintain such part of the

Improvement Works that have been executed on the Highway Land and on any part of the

Land adjoining the Highway Land (but without prejudice to the Developer's obligation to make

good any defect or damage in accordance with sub-clause 2(5» and the Improvement Works

aforesaid shall become a part of the roads known as [ 1and be forever thereafter

highways maintainable at the public expense PROVIDED THAT before any certificate under

this Clause becomes effective the Developer shall ensure that there is declared and

delivered to the Council (at the expense of the Developer) such consents or dedication

agreements as the Council shall require and approve duly executed by the fee simple owners

and any mortgagees for the time being of the Land (if such owners and mortgagees for the

time being are not named as parties to this Deed) to ensure that there is available to and

retained by the Council the necessary evidence of dedication to give effect to the adoption of

the Improvement Works

7. LAND COMPENSATION ACT

THE Developer hereby covenants with the Council that the Developer will upon demand

reimburse the Council with and hold the Council harmless in respect of all sums of

compensation which the Council is obliged to pay under Part I of the Land Compensation

Act 1973 or any statutory modification or re-enactment thereof from time to time in force in

connection with the Improvement Works and shall indemnify the Council against the cost of

insulating buildings against noise in the discharge of its duties or the exercise of its powers

under Part II of the Land Compensation Act 1973 or any subordinate legislation thereto or

13 any statutory modification or re-enactment thereof for the time being in force in connection

with the Improvement Works AND this covenant shall continue in full force and effect until

such claims shall have been determined settled and discharged and the Council reimbursed

in full notwithstanding the issue of the Final Certificate PROVIDED ALSO that the Council

shall not settle or agree the amount of any compensation without first consulting the

Developer

8. CONSENT OF MORTGAGEE

THE Mortgagee hereby covenants with the Council that upon this Deed taking effect its

interest arising under the [Mortgage] [Legal Charge] shall immediately be subjectto the terms

of this Deed as if this Deed had been executed immediately prior to the [Mortgage] [Legal

Charge] being executed

9. SURETY

EITHER

(1) From the date of the Notice referred to in Clause 2(4) the Developer and the Surety

acknowledge themselves their successors in title and assigns jointly and severally bound by

these presents unto the Council in the sum of [ 1POUNDS (£[ ]) PROVIDED THAT if

the Developer shall duly perform and observe all the terms provisions covenants conditions

and stipulations contained in this Deed on the Developer's part to be performed and

observed according to the true purport intent and meaning thereof then this obligation shall

cease but otherwise shall be and remain in full force and effect

(1) The Developer shall not commence the Development nor any part of it nor commence

execution of the Improvement Works nor any part of them unless and until the Developer has

provided the Council with the Bond in the form set out in the Third Schedule executed and

delivered to the Council by a surety which shall be a financial institution ("the Surety")

approved by the Council

(2) Within twenty-eight days of the issue of the Provisional Certificate the amount of the

14 Bond may be reduced by up to seventy-five per cent at the discretion of the Head of

Transport for Buckinghamshire and without prejudice to the Developer's obligations to

remedy any defects or damage in accordance with Sub-Clause 2(5)

(3) The Surety shall not be discharged or released from the Bond or guarantee by any

arrangement between the Developer and the Councilor by any alteration in the Developer's

obligations or by any forbearance whether as to payment performance time or otherwise

whether made with or without the assent of the Surety

(4) For the avoidance of doubt it is hereby declared that upon the issues of the Final

Certificate then:-

(a) If there are no claims whatsoever outstanding under this Deed then the Bond

or guarantee shall cease and be void OR

(b) If there are claims outstanding then the Bond or guarantee shall not be

released but shall remain in full force and effect until such time as all such claims

have been fully settled or compromised up to the full value of the Bond or guarantee

(but not beyond) and thereupon the Bond or guarantee shall be deemed fulfilled and

cease to be of effect AND in this event the activating of Clause 6 shall not prejudice

or affect claims outstanding at the date of the said final certificate which shall remain

to be dealt with under the terms of this Deed and Bond or guarantee

9. DEPOSIT

THE Developer on the execution of this Deed shall deposit with the Council the sum of [

POUNDS (£) as a cash security and guarantee for the due performance by the Developer of

all the terms and provisions of this Deed and the Deposit shall be held by the Council on the

following terms:-

(1) If the Council shall exercise all or any of the rights and powers reserved it by this

Deed then the Council shall on each and every such occasion forthwith reimburse itself in

respect of any expenses so incurred and the right hereby conferred on the Council shall be

15 without prejudice to their rights to recover by civil action or otherwise any sum or sums due to

it under the terms of this Deed

(2) Upon the issue of the Provisional Certificate by the Head of Transport for

Buckinghamshire the Council may if the Head of Transport for Buckinghamshire in his sole

discretion shall so direct release or refund to the Developer a part of the Deposit as

determined by the Head of Transport for Buckinghamshire provided that the amount so

refunded shall not exceed seventy-five per cent of the Deposit (less any part thereof

deducted under the provision of sub-clause 9(1)) at that date held by the Council and to the

amount to be then refunded shall be added interest from the date of this Deed until the date

of such repayment interest being calculated at the simple rate of two per cent below HSBC

PLC base rate or rates current during the period for which the interest is due

(3) Upon the issue of the Final Certificate the Council shall refund the Developer the

Deposit or such part of it as is then held by the Council less any amount deducted under the

provisions of sub-clause 9( 1) and to the refunded sum shall be added interest from the date

of this Deed until the date of such repayment interest being calculated at the simple rate of

two per cent below HSBC PLC base rate or rates current during the period for which the

interest is due

(4) No refund of the Deposit or any part thereof shall be made either under sub-clause

9(2) or sub-clause 9(3) if at the relevant date there are any claims outstanding under this

Deed and such claims have not been determined or settled or compromised

10. INTEREST

Without prejudice to any other right, remedy or power contained in this Deed or otherwise

available to the Council if any payment of any sum referred to in this Deed shall have

become due but shall remain unpaid for a period exceeding seven days the Developer shall

pay on demand to the Council interest at the interest rate of three per centum per annum

above the base leading rate of the HSBC PLC from the date when the same became due

until the date of the payment

16 11. [EMERGENCY TRAFFIC MANAGEMENT MEASURES CONTRIBUTION

(1) THE Developer shall not commence the Improvement Works until it has paid the

Emergency Traffic Management Measures Contribution ("the ETMMC") in the sum of TEN

THOUSAND POUNDS (£10,000.00) to the Council

(2) The Council shall apply the ETMMC towards any emergency traffic management

measures that are required in connection with the Improvement Works PROVIDED THAT 6

hours prior notice of such measures is given to the Developer to afford the Developer the

opportunity of undertaking such measures itself

(3) From the date of payment in accordance with sub-clause (1) and until the ETMMC or

any part thereof is expended in accordance with sub-clause 2 the Council shall hold or

ensure that the ETMMC is held in an interest bearing account (with or without other funds)

with such financial institution as the Council may in its reasonable discretion decide and to

accumulate any interest actually accruing thereto and hold it in the same account the said

interest accruing thereon to be part of the ETMMC

(4) On issue of the [Provisional] [Final Certificate] if the ETMMC or any part thereof

remains unexpended or committed the Council shall within twenty eight (28) days repay the

ETMMC or the part remaining unexpended or uncommitted (as the case may be) to the

Developer]

11/12. NOTICES

ANY notice to be served on the Council shall be hand delivered or posted or sent by

facsimile or recorded delivery post or document exchange to its Head of Legal and

Democratic Services at County Hall Aylesbury Buckinghamshire HP20 1 UA and any notices

to be served on either the Developer or the Mortgagee or the Surety shall be hand delivered

or posted or sent by facsimile or recorded delivery post to the address of each of anyofthem

as the same may be as shown in this Deed

IN WITNESS whereof the parties hereto have executed this Deed in the manner shown

below and it has been delivered by them or on their behalf the day and year first before

17 written

THE FIRST SCHEDULE

The Land

ALL THAT piece or parcel of land having a frontage to [ 1and shown delineated in red for the purposes of identification only on the attached drawing number [

THE SECOND SCHEDULE

The Improvement Works

(1 ) Pre-condition surveys to determine the suitability of the existing

highway construction to accommodate the Improvement Works

(2) Undertake such works to ensure the existing highway structure is

suitable to accommodate the Improvement Works

as shown for indicative purposes only on the attached drawing number [

THE THIRD SCHEDULE

Form of Bond

BY THIS BOND we [ 1 whose registered office is at [ 1(hereinafter called "the

Developer") and [ 1whose registered office is at [ 1(hereinafter called "the Surety") are bound to BUCKINGHAMSHIRE COUNTY COUNCIL (hereinafter called "the Council") pursuant to a Deed entered into under (inter alia) Section 278 of the Highways Act 1980 dated the [ 1day of [ 1and made between [ 1(hereinafter called "the Deed") in the sum of [[ II increased by the amount (if any) equal to the rise in the The Road Constuction

Tender Price Index issued by the Department for Trade and Industry from the date of the

Deed to the date of commencement of the Improvement Works or the Development as defined in the Deed for the payment of which sum to the Council the Developer and the

Surety bind themselves jointly and severally by this Bond

WHEREAS under and by virtue of the Town and Country Planning Act 1990 the district planning authority by a planning permission issued under the reference number [

18 granted permission to the Developer for the Development (as defined in the Deed) subject to

certain conditions and after the Deed had been completed

NOW THEREFORE THE CONDITIONS of the above written Bond are such that:-

1. If the Developer or its successors or assigns shall duly perform and observe all the

clauses covenants stipulations agreements and provisions contained in the Deed and on

their part to be performed and observed then the above written Bond shall be void and of no

effect but otherwise shall remain in full force and effect and ANY alterations to the Deed

which may be made by agreement between the Developer or its successors or assigns and

the Council in the terms of the Deed its clauses covenants stipulations and provisions and

the Improvement Works to be done or otherwise in relation thereto or the giving by the

Council of any extension of time for performing the said Improvement Works or any of the

stipulations contained in the Deed or any other forgiveness or forbearance on the part of the

Council to the Developer or its successors or assigns shall not in any way release the Surety

from the liability under the above written Bond and the Deed

2. The Surety is bound by all the clauses covenants stipulations and provisions

contained in the Deed on the part of the Surety as therein defined

IN WITNESS WHEREOF this Bond has been executed and delivered in the manner shown

below this [ 1day of[ 1Two Thousand and [

THE COMMON SEAL of [ was affixed to this Deed in the presence of:-

Director

Director/Secretary

THE COMMON SEAL of BUCKINGHAMSHIRE COUNTY COUNCIL was hereunto affixed in the presence of:-

Authorised Signatory

19 SIGNED as a DEED by FCC WASTE SERVICES (UK) LIMITED acting by its

(Sgd) ...... Director

(Sgd) ...... Director/Secretary

THE COMMON SEAL of [ 1 was affixed to this Deed in the presence of:-

Director

Director/Secretary

THE COMMON SEAL of BUCKINGHAMSHIRE COUNTY COUNCIL was hereunto affixed in the presence of:-

Authorised Signatory

20 Greatmoor Railway Sidings Transport and Works Act Order HS2/5/B Appendices: Gillian Sinclair – FCC Historic and Existing Operations and Further Need

Appendix 10:

11-20000-AWD Section 106 Agreement (2) Routing Agreement