High Speed Two (HS2) Limited (“HS2”) of One Canada Square, London E14 5AB is applying to the Secretary of State for Transport under section 6 of the Transport and Works Act 1992 for the above-mentioned Order under Sections 1 and 5 of that Act.

This Order would authorise HS2 to construct railway sidings and associated works adjacent to the Aylesbury Link Railway (also known as the Marylebone to Claydon Junction Line) for the loading and offloading of spoil and waste material to the Calvert Landfill and the Greatmoor Energy from Waste Facility in the District of Aylesbury Vale, County of Buckinghamshire. The works are required in connection with Phase One of the proposed High Speed Railway between London and Birmingham and will replace existing railway sidings and facilities for the transfer of waste located near the village of Calvert also in the District of Aylesbury Vale and currently operated by FCC Waste Services (UK) Limited.

The draft Order also makes provision for the stopping up of streets and the use of private roads for construction and the temporary stopping up and diversion of streets. The Order would provide a defence to proceedings in respect of statutory nuisance and for treating any deemed planning permission which is granted in relation to the authorised works as specific planning permission for the purposes of section 264(3)(a) of the Town and Country Planning Act 1990. The Order further provides for powers of disposal and to enter into agreements in respect of the authorised works and for overriding the application of landlord and tenant law in relation to such agreements, the prevention of obstruction of the construction of the works and trespass on the railway or land, provision to make it an offence to disclose confidential information and ancillary provisions. The Order would also modify an agreement made between the Secretary of State for Transport and Network Rail Infrastructure Limited relating to protective provisions in respect of the High Speed 2 Project.

The Order also confers powers for the compulsory acquisition of land for the purposes of the works and for ancillary purposes. The Order would authorise the acquisition of easements or other rights in land and the imposition of restrictive covenants and modifies compensation and compulsory purchase enactments in relation to such acquisition. The Order would confer power to disregard certain interests and improvements in land, for the set-off in any enhancement in the value of land in assessing compensation payable, the acquisition of part only of certain properties, the extinction or suspension of private rights of way and provides a time limit of five years for the exercise of the powers of compulsory acquisition conferred by the Order. In relation to the compulsory acquisition of land under the Order, the Order provides for the application of Part 1 of the Compulsory Purchase Act 1965 and for the application and modification of the Compulsory Purchase (Vesting Declarations) Act 1981.

In anticipation of the coming into force of the High Speed Rail (London – West Midlands) Bill, and by virtue of clause 52 of that Bill, the Order provides for the application of a number of provisions of the Bill in relation to the works sought to be authorised under the Order as well as the repeal of certain provisions which would no longer be required as a consequence of the authorisation of those works by the Order. The provisions of the Bill so applied are - clauses 13 (Extinction of rights of statutory undertakers) and 18 (enforcement of restrictions on land use), paragraphs (2) and (10) of clause 22 (Power to disapply deemed planning permission), clauses 28 (consecrated land), 29 (Commons and open spaces), 30 (trees), 42 (co-operation), 43 (transfer of functions relating to works), 50 (enforcement of environmental covenants) and 63 (arbitration); paragraphs 1 (authority to survey and investigate land etc.), 2 to 6 (support of buildings), 7 (trees on neighbouring land), 8 (discharge of water) and 10 (electronic communications apparatus) of Part 1 (further and supplementary provisions) and paragraphs 12 to 14 of Part 2 (exercise of powers of entry etc) of Schedule 2 (works); paragraph 10, 12, 14, 16 and 17 (construction and maintenance of highways) of Part 3 of Schedule 4 (Highways); paragraphs 1, 2 and 3 (water abstraction and impounding), 5 (floods), 6 (drainage) and 9 (interpretation) of Schedule 21 (water); paragraphs 1 (building regulations), 2 (drain repairs), 3 (drain disconnections) and 6 (interpretation) of Schedule 22 (buildings); paragraph 3 (permit schemes) of Schedule 24 (street works); paragraphs 1 (control of noise on construction sites), 2 (defences to proceedings relating to statutory nuisance) and 4 (disapplication of sections 61(9) and 65(8) of Control of Pollution Act 1974) of Schedule 26 (noise); paragraphs 1 (Highway (Railway Crossings) Act 1839), 3 (Railway Regulation Act 1842), 4 (Railways Clauses Consolidation Act 1845), 5 (Railways Clauses Act 1863) and 7 (British Transport Commission Act 1949) of Schedule 28 (application of other railway legislation etc.); Schedule 29 (arbitration between railway operators) and Parts 2 (electricity, gas, water and sewerage undertakers), 3 (electronic communications code networks) and 5 (land drainage, flood defence, water resources and fisheries) of Schedule 32 (protective provisions). In addition, certain provisions of the Bill relating to the compulsory acquisition of land are applied to the compulsory acquisition of land authorised by the Order.

The application is to be made subject to an environmental impact assessment.

The application contains a statement that a direction for deemed planning permission is being applied for.

A copy of the application for the Order, and of all plans and other documents submitted with it, may be inspected free of charge from 9 August 2016 to 21 September 2016 at the places and at the times set out in the Schedule to this notice.

A copy of the application for the Order, and of all plans and other documents submitted with it, may also be viewed at www.gov.uk/hs2.

Copies of that information may be obtained from Bruce Martin, Bill Deposit Manager, Hybrid Bill Preparation and Powers, High Speed Two (HS2) Limited, 5th Floor, Sanctuary Buildings, 20 Great Smith Street, London SW1P 3BT. A charge may be payable.

Any objections to, or other representations about, the proposals in the applications should be sent to the Secretary of State for Transport c/o Transport and Works Act Orders Unit, Legal Service, Department for Transport, Zone 1/14-18, Great Minster House, 33 Horseferry Road, London SW1P 4DR (e-mail: transportandworksact@dft.gsi.gov.uk). An objection or other representation MUST (i) be received by the Secretary of State on or before 21 September 2016, (ii) be made in writing (whether sent by post or e-mail), (iii) state the grounds of the objection or other representation, (iv) indicate who is making the objection or other representation, and (v) give an address to which correspondence relating to the objection or other representation may be sent. (If you are sending your objection or other representation by e-mail, please provide a postal address.)

The Secretary of State may make complete copies of the objections and other representations public, including any personal information contained in them, and will copy them to the applicant for the Order.

Eversheds LLP, Solicitors and Parliamentary Agents, One Wood Street, London EC2V 7WS

On behalf of High Speed Two (HS2) Limited

Dated: 9 August 2016

SCHEDULE