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