PUBLIC SESSION

MINUTES OF ORAL EVIDENCE

taken before

HIGH SPEED RAIL COMMITTEE

On the

HIGH SPEED RAIL (LONDON – WEST MIDLANDS) BILL

Tuesday, 17 November 2015 (Morning)

In Committee Room 5

PRESENT:

Mr Robert Syms (Chair) Mr Henry Bellingham Sir Peter Bottomley

Geoffrey Clifton-Brown Mr David Crausby _____________

IN ATTENDANCE

Mr James Strachan QC, Counsel, Department for Transport

WITNESSES

Mr Robert Lewis Mr Greg Porter

Mr William Avery Mr Mark Dearnley Ms Sophie Maggs Mr Peter Bassano

Mr Neil Duckworth Mr Martin Thomas Ms Marian Elwood Ms Helen Blakeman Ms Rosanne Adam

_____________

IN PUBLIC SESSION

INDEX

Subject Page

Springfield Farming Limited

Introduction from Mr Strachan 3

Submissions by Mr Lewis 4

Response from Mr Strachan 15

Closing submissions by Mr Lewis 18

The Wood Lane Residents’ Association et al.

Introduction from Mr Strachan 22

Submissions by Mr Porter 23

Response from Mr Strachan 41

Closing submissions by Mr Porter 44

The Parochial Church Council of the Ecclesiastical Parish of St Mary the Virgin

Wendover, and others

Introduction by Mr Strachan 46

Submissions by Mr Avery 46

Evidence of Mr Dearnley 61

Evidence of Ms Maggs 63

Evidence of Mr Bassano 64

Evidence of Mr Duckworth 66

Evidence of Mr Thomas 67

Evidence of Ms Elwood 68

Evidence of Ms Blakeman 69

Evidence of Ms Adam 71

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(At 9.30)

1. CHAIR: Order, order. Welcome to the HS2 Select Committee, another bright and

sunny day. We start off with petition number 15, AP13, Robert Lewis, Springfield

Farming Limited in person.

Springfield Farming Limited

2. CHAIR: Could you do a brief introduction please, Mr Strachan?

3. MR STRACHAN QC (DfT): Yes. P10280 on the screen now shows the location

of Springfield Farming Limited land, and you can see we’re just north west of

Wendover. And if I just show you the original construction Hybrid Bill plan to give you

a bit more detail, P10283, this shows the construction plan that was proposed under the

Hybrid Bill, and again the petitioner’s land shown outlined in red. You can see that the

line has come out of the Wendover green tunnel at this point. The line itself doesn’t go

over the petitioner’s land, but there is, in the top corner of the petitioner’s land, there

was at this point provision for a satellite compound, and just to the north of that the haul

road, and to the south of that you can see the pink line there. That’s utilities works.

There are the pylons across the land, and as a result of diversions of pylons further down

the line there has to be some restringing of the pylons or the conductors, and so rights

taken in order to enable one to do that.

4. The petitioner wasn’t content with the proposal, and as a result of changes that are

now reflected in AP4 the compound is proposed to be moved. Can I just show you that?

P10284. So this is what’s currently proposed under AP4, and you can see the orange

compound that was on the petitioner’s land we’ve proposed to put to the north west in

that location. The pylon works of course remain, as does the need for the haul road in

the top part of the petitioner’s land, and the pink area just to the south of it is where the

compound would have been, which we’re retaining in the Bill in case there’s some

overriding objection to the proposal for AP4. But assuming AP4 is successful as a

proposal then we wouldn’t need to use the land for the compound on the petitioner’s

land. We would just need to use the land for the haul road.

5. And finally, just in case it would shorten things, could I just show you P10290(1)

and (2), because we have been in discussion with Mr Lewis on behalf of the petitioner,

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and we have provided a number of assurances to Springfield Farming. If I just skip to

the key points, at the bottom we provide an assurance about maintaining access to the

petitioner’s property across the haul road as far as reasonably practicable. That’s at the

bottom of the page. P10290(2), we’ve explained that the use of that pink land for the

pylons is only for the purpose of restringing the pylons, and then we provided three

assurances about returning land to the petitioner, 3.1, 3.2 and 3.3, all about we’re using

temporary powers if we can. And the last assurance relates to the movement of the

satellite compound that was previously of concern.

6. And just finally, can I show you the operational picture P10285? You can see that

once the railway is built and the Nash Lee Road has been realigned there’s a new access

onto the petitioner’s property but the petitioner’s property is not affected by the scheme.

7. CHAIR: Alright. Thank you Mr Lewis.

8. MR LEWIS: Good morning chairman, gentlemen on the Committee. Allow me

to say please up front that you’ll hear this morning – you’ll hear from me some harsh

things said about the promoter. After the way they’ve treated me, and no doubt others,

over the past two years, or more or less two and a half years now, I trust you’ll

understand just how frustrating a process this has been. Could I have the slides? Thank

you.

9. This is actually Springfield Farming petition, both of them, not me as an

individual. I’m a director of the company. It’s a small family business and owns about

130 acres, which Mr Strachan has just depicted on his graph, which is prime arable land,

grade 2, grade 3, off Nash Lee Road. 1595, slides we need, sorry.

10. MR STRACHAN QC (DfT): You want this one? 1595, that one?

11. MR LEWIS: That’s the one. Thank you. And before I get into the arguments, I

should like to say, chairman, that it should have been possible to avoid the arguments

you’re going to hear this morning through negotiation, but the other side here is the

promoter, HS2 Limited, and no doubt you’ve already been told by other petitioners that

they pride themselves on not negotiating with affected parties. They just like to tell us

what they intend to do, and that’s as far as they’re prepared to go.

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12. I’ll start with petition 50 and slide 2 please. Thank you. As proposed in the

environmental statement, this storage compound marked blue would effectively put us

out of business. The promoter proposed to acquire our entrance and just under 10 acres

of land just within the boundary, which would effectively – and they would have done

that for seven years. That would totally obstruct our access to the rest of our 130 acres

and they failed to make any adequate alternative provision. Appendix AG of the

technical appendices claims under disruptive effects that there were no impacts on

agricultural activity, and under severance that there was none. Well, patently those

claims were not true. There are more details set out in the petition, but, chairman, may I

take that as read?

13. We’ll deal with, if I may, the pink areas shown here in the second petition. Slide 3

please. This, chairman, is what I’m asking, and after two years of disagreement it

appears the promoter has at last accepted that there is a better solution for the siting of

the compound, which would allow us to continue in business. They’ve brought this

forward in AP4 and I believe the purpose of this morning is for me to briefly outline

what was wrong with the original arrangement and otherwise reserve my position for

any hearing that’s required on AP4.

14. CHAIR: Do you actually need to do that, because they’ve actually moved the

compound, told you that unless there are other objections to moving – they’ve got to

reserve their position. They’ve actually done what you want.

15. MR LEWIS: Well, if I may, chairman, just for a few minutes, I’ll take you

through the story because I think it’s important for the rest of what I’m saying that you

hear what actually happened. Could I have slide 4 please? This is a view of the

entrance from across the road and one of you only, Chairman, you were on the coach, so

you’d have been parked opposite this on the original visit to the Wendover area. Please

note the excellent vision splays giving access to the present road. Could I have the next

slide please? This gives you the view from further into the entrance, and they would

have taken the entire area from that hedgerow along the left right across to the fence on

the right. And there’s no guarantee at the moment – although it’s been proposed under

AP4, there’s no guarantee that isn’t still going to go ahead unless we persuade you to the

contrary.

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16. Briefly, the sequence of events were as follows. The original proposal for the

siting of this compound was not, shall we say, diplomatically, fully detailed in the

environmental statement. The promoter knew full well there was a problem but refused

to talk to me in the period following publication of the draft environmental statement

right through until the final version in November 2013. They did then agree to a site

meeting on 2 December, but the promoter refused to have an engineer present and chose

to be represented by two ladies. Now, I’m sure these ladies had important roles within

their organisation but neither had any qualifications in agriculture or agricultural

engineering. There was an immediate impasse in that the promoter refused to recognise

there was any problem with their proposal, and my response under the consultation

process, which went in on 12 January, was of course ignored.

17. Many months followed and there was no recognition still by the promoter that it

was a problem, and so I enlisted the help of my hardworking MP, David Lidington. He

found the time to come out and have a look and was duly incredulous at what had been

proposed, and wrote to the then chief executive of the promoter. Ms Munro’s reply on

16 April was full of beautiful prose, reassuring my MP that the promoter was always

striving to find ways of reducing the impact of their proposals on affected parties, and

promising that an engineer would come out and meet me. The reality, however, was

rather different. Can I have slide 6 please?

18. In this email dated 1 July you’ll see that the promoter’s staff stated clearly they

had no intention of changing anything. They also cancelled the meeting, which by then

had been arranged, as promised by Ms Munro. I don’t blame the staff member. This

lady was not acting alone. She was no doubt simply carrying out the instructions of her

management. I therefore invoked a complaints process, on 4 July 2014 sent in a

complaint. Then for over six months it went upwards through the box ticking exercise

of the complaints process at the promoter, and finally on 19 January my complaint was

referred to an independent claims assessor for the Department for Transport. This

person moved much more decisively, despite the promoter’s further delaying tactics.

The assessor’s report was sent to me on 20 March, I think the promoter had had it a few

days before, and the assessor told me that his report could have been done in one month

rather than two months.

19. Could I have slide 7 please? This slide tells me that the assessor’s report

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recommended that a board member from the promoter should telephone me with an

explanation of what was going on. And at 6 p.m. on Monday evening of the 23rd

Ms Munro herself, now managing director of development, rang me, so you’ll note the

speed of action when the promoter’s sufficiently motivated. Ms Munro stated the

promoter had now found a much better site for the compound and the promoter would

not be troubling me further. It was arranged that Mr Wells from the promoter and, at

my request, the excellent engineer from Atkins would meet me on site on the 25th, so

only two days later.

20. At that meeting I was given a fleeting look on a handheld computer of what was

proposed and told it was far too sensitive for an affected party to be shown anything

more. That was the location proposed for the new compound. But far from the

promoter not troubling me anymore, as stated by Ms Munro, Mr Wells then verbally

came up with the requirement for a haul road. No maps or explanations, but a haul road

right across our land and right through the very entrance that we’d sought to protect. It

took until 20 August before I was finally given a map showing both the new site and the

proposed new haul road.

21. At the March meeting, however, I did learn that the promoter’s original choice of

location for the compound was a last minute decision made by the promoter’s

management against the advice of the highly qualified engineers, who’d recommended a

different location. I trawled through the internet, chairman, and here is the drawing of

precisely what the engineers had originally proposed. That didn’t block off anyone’s

access and it used land that the promoter intended to keep long term to plant trees on to

screen the railway. So it was clear that the management of the promoter had stubbornly

refused and defended their original design because it was their design and they’d

overruled their own experts. Slide 8, please.

22. In this slide dated 13 July it’s stated that the promoter’s revised proposal can be

found in AP2, published that day. I trawled through AP2 and of course that it was again

false information. I don’t blame the lady. She deserves credit. She is the one person at

the promoter who’s tried very hard to communicate, but she’s clearly hampered by

internal confusion, shall we call it, within the promoter’s management. Anyway, AP4

has been published in October, finally promoting a different compound location, and a

consultation process is underway. In fact I believe the petition deadline was last Friday.

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23. There have been various promises and assurances, but not a single assurance had

been produced until Thursday afternoon, two working days before today’s hearing. The

letter would not win awards from the Plain English Campaign, so I’ll end up with yet

more expense over legal advice, but as I read there are effectively only two assurances

within that recent letter, neither of which are satisfactory and neither of which accord

with what the promoter has told me verbally and in emails. And then the three

paragraphs that Mr Strachan bracketed, loosely translated, as I understand it, it says they

might or might not acquire land temporarily or permanently, and they might or might

not return the land to us after they use it.

24. The removal of the compound will still leave two lesser issues. The first one is we

question the safety of the new entrance. Could I have slide 9 please? On this slide

you’ll see that the highways department of Bucks County Council also question the

safety of this new junction. Now, the issues will come up in detailed planning, so it’s

yet another issue that’s been kicked into the long grass. I just want to point out that we

currently enjoy an unrestricted view for 500 metres. Slide 10 please. Under the new

proposal the junction is here and the visibility is down to about 170 metres only. That

happens to be pretty close on the legal minimum, but special attention is supposed to be

paid when slow moving agricultural vehicles emerge onto well-used roads. There

appears to be no special attention, a point that Bucks County Council agree with.

25. So unless the Select Committee rules otherwise, chairman, as I understand it the

promoter reserves the right to increase the height of this bridge here over the railway

line by up to three metres, and what’s causing the visibility problem at the moment is

the hump is already five metres in height. That’s pretty much up to the shoulders of the

gentleman on the painting to my right. Any reduction in the height of this new bridge

over the line and any ability to move this junction to the left, which is the sensible thing

to do so that we get more visibility, would be welcome improvements to road safety,

because this is likely to be a future accident blackspot.

26. The second point, chairman, is the haul road. Could I have the promoter’s slide

10283 please? And could I ask you to zoom in on this area there? Can you go any more

or…? Okay. I don’t see much wrong with the original plan for the haul road, which of

course they’ve changed under AP4. With a minor adjustment this haul road could be off

our land and off our neighbour’s land. The route then would appear to be satisfactory,

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and what I have in mind is whether they would cross the road here rather than here –

you note the crossing there is right on the apex of the bend. I couldn’t think of a less

safe place to do it. If they cross the road here the other side of the road there are no

houses, there are no commercial buildings, there’s a very wide verge.

27. They could then reconnect with their haul road here and that would avoid – I’ve

spoken to the three neighbours affected. The first one here, Craycraf, chairman, they

have four children aged between three and 10. The haul road goes straight up their

driveway past the stable block and turns more or less in front of their front door, so as

you imagine the lady is extremely concerned about the safety of her children. Two

more people on the other side of the road also have young children. None of these

people have been told about this haul road by HS2 Limited. I found out by accident at

the meeting in March. This new haul road in my view needs to be justified, and the only

justification I’ve seen at the moment is they want to avoid crossing the edge of this

pond. I think that’s a very poor justification for putting children’s lives at risk and

causing disruption to us. Could I have slide 10 of my own slides back now please?

Thank you.

28. As far as we’re concerned the – no, I need to go to the right. Yes, here we are.

The bit that’s of concern is just here where they’ve rerouted the haul road across our

land and across the entrance. Now, if this haul road is so essential in that position,

which is contested by myself and by my neighbours, we, for our part, could live with

our section subject to assurances on five detailed points, but we don’t know how long

they’ll need it. They refuse to tell me what they need it for, how frequently they’ll use it

and for how long they’ll use it. The promoter, in the shape of Mr Sebastian Jew, on 20

August verbally agreed my emailed list of these five detailed assurances, only verbally

and that’s the last we’ve heard of it. What we need, chairman, is unfettered access to

our land. What they promised in March was a set of traffic lights giving us absolute

priority over the entrance, because even the promoter can’t control the weather or the

seasons, and being good farmers we need to timely carry out certain activities, and we

don’t need to be waiting until it’s convenient for the promoter to be able to get through

our access to our land, and the promoter has failed to deliver that assurance.

29. Under the AP4 proposals all that they now need is this small area to the top right

of our land and, as I say, that’s contested and our neighbours contest even more. If the

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compound is agreed under AP4, chairman, I would like please to ask you to remove that

pink area. That’d give us absolute assurance. If you take it out of the Bill the promoter

will not be tempted to make further mistakes. That’s what I wanted to say, chairman,

about petition 50, which is concerning the entrance, and if I may now… If we could

now move on to the other slide set please and go onto slide 2.

30. The subject matter for the second petition, chairman, is the restringing of these

pylons. That’s a picture of it. You see an aerial view of the conductors. This is a

400,000 volt National Grid electricity line, which passes right over our land and

normally doesn’t cause any trouble at all. As pointed out in the petition, this work is

only required if the promoter is allowed to build a cut and cover tunnel at Wendover. If

there was a bored tunnel or a mined tunnel of sufficient length they would go

underneath the pylon rather than through it, and this work wouldn’t be needed.

According to a Freedom of Information request this work will cost many, many millions

of pounds. Slide 3 please.

31. That’s what I’m asking you to do, chairman. I’m not disputing that the conductors

might need to be restrung but I am disputing the land take required to achieve that.

Could I have slide 6 now? They’re slightly out of order. Thank you. This petition now

logically takes in the pink areas which were on the petition 50 map. What the promoter

wants to do is to acquire this feed in track here, a 50 metre strip all the way down to

here, and then 50 metres all around the pylon that you’ve just seen a picture of, 100

metres across, and you’ll note that that it also – the red lines also go across the road and

through the road.

32. Can I take the detail of AP1 petitioner’s, Chairman, and just highlight a few

details? Can I have slide 7 please? These are the issues that concern me, six points.

Could I take the first one, which is slide 4 now? We have a contract with Vodafone,

chairman. This green box here contains electronics that run mobile phones in this area.

This is fed by power cables coming in underground from the right to this box of

electronics. That’s in an area that the promoter intends to acquire, and from this cabin

to the pylon there are a series of underground communication cables, which again is in

an area that the promoter wishes to acquire. Could I have the next slide please, slide 5?

33. This is what it’s all about. Up here is a microwave dish, which – it controls

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signals over a long distance and these two antennae here, chairman, are the ones that

keep your mobile phones going in that locality. Now, Vodafone pay us a rental for the

provision of this equipment on our land, which is important to us, and you won’t be

surprised to know that there’s a clause in that agreement which says that if we restrict

access to it for them to maintain their equipment then the agreement is voided. And this

is an income stream that could go on in perpetuity for us, so it’s a very important point

from our point of view. Can I have slide 8 now please?

34. Vodafone have access from this very small gap that you see in the hedge. They

built this access. It’s suitable for light vehicles only and you’ll see it’s not very wide.

Can we go on to slide 9 please? Another reason it’s only suitable for light vehicles is

that the culvert is formed of very thin concrete rings with a thin strip of concrete above

and then soil, so it’s made for vans, light vans, car, pickup trucks. It’s certainly not

made for heavy goods vehicles. Slide 10 please.

35. A third reason why we’re concerned is this provision which HS2 have in their

environmental statement that they will dig up the land and create roadways and then

take it away and put the earth back again and so on. Under the ground here, for

instance, there are three utilities which are rather important. One is from this brick

building, which is a Thames Water pumping station. There’s a foul water sewer which

runs towards us along here on the edge of this grass strip, underground of course. The

cables I’ve already told you about from this Vodafone cabin here go across to the right

where the pylon is, also underground, and a whole series of land range moving from

right to left from the – taking water from the springs at the outfall of the Chilterns under

our land and into the ditch which is the other side of that hedge. All those are important.

What we’d rather than do is use trackway, which is a proprietary system, interlocking

system of metal tracks on the ground, which would support heavy vehicles, rather than

digging it all up and all the consequent problems that might occur. Slide 11 please.

36. Sorry, I’ve lost my… Farming in the UK is only financially viable with support

from Defra and the Rural Payments Agency. With the promoter taking – acquiring all

this land, there’s ample scope for them to upset the rules. As you imagine, Defra don’t

part with money without us keeping to various strict rules, so there’s ample opportunity

for the promoter to upset all that, which is another reason why I’d rather they didn’t

have the land. Also, chairman, they’ve shown neat rectangles and right angles for the

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land they want to take. I’ve spent two years explaining to them that agricultural

machinery doesn’t turn through 90 degrees. It requires a large radii, and therefore we

will lose production of considerably more than is shown on this map.

37. Finally, the issue of Nash Lee Road. You notice that the lines go across the road,

so they’re taking – acquiring it says in the Bill, that road as well. We need it to be kept

open at all times and so do the local businesses around us. Now, on 25 March,

chairman, this meeting with Mr Wells, he suggested it was time to involve the

promoter’s property department. My land agent made four attempts to arrange a

meeting with their land – property people before August, and was rebuffed at every

attempt. At a meeting arranged by my MP, because the only time I ever get to see HS2

appears to be with my MP organising it, at the promoter’s office in London, I pointed

out what had happened, and eventually, towards the end of September, the promoter’s

land agent did ring my land agent, but that promoter’s land agent had not been

adequately briefed about the subject at hand.

38. He was sent all the papers by my land agent and there was no further contact until

Thursday, when their agent rang me. Despite me pointing out it was rather late in the

day to be suggesting a meeting he assured me that this was normal, he’d many times on

the day before a hearing. So I arranged for my land agent and myself to be available for

a meeting on Monday at 10 o’clock, then at six o’clock on Friday the promoter

cancelled the meeting. The rationale now is that they might agree for a meeting after

royal assent. As will be obvious, chairman, that’s no good to me. I get one opportunity

to make my point to you and the Select Committee and after royal assent the Select

Committee will have finished its work. If the promoter doesn’t listen to me now you

can be sure they definitely won’t listen to me if they get royal assent on their terms.

39. The promoter also sent an email on assurances during the afternoon of Thursday,

after the land agent had rung. I’ve already told you about that in the earlier petition.

You’ve got a simple solution to all this. The rationale for my ask is there’s no need for

the promoter to have the powers requested in the Bill. The promoter wishes to acquire

the whole area marked pink for 12 months, maybe even longer. There’s another

reference to two years. They want the right to cut away all the crops, to dig up the

surface soil to create roadways, with all the attendant risks that I’ve explained to you.

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40. National Grid have a wayleave agreement with us. That same agreement has been

in place since March 1957 when this pylon line was built. This agreement stays with the

land through whoever owns the land at any point in time. It gives National Grid the

right to access their equipment at all times, no matter what particular operation they

need to perform and no matter why the operation needs to be performed. Chairman,

you’ve got on your Committee a graduate of an important UK university specialising in

agriculture. He will, I’m sure, know all about wayleave agreements.

41. It so happens that National Grid are at this moment planning to restring this line

anyway in 2017. They’ve already opened discussions with me about it. This routinely

happens for maintenance reasons. The National Grid don’t start by having a special Act

of Parliament with red lines on maps. They’ve got all the powers that they need.

National Grid rely on the wayleave agreement and they take relationships with farmers

seriously. They do write to us. They do come and see us. They do sort out precisely

what needs to happen and when. The work is only likely to take two to three weeks, not

12 months or two years and we’ll hardly know. I’ve talked to other farmers when this

has happened locally. We’ll hardly know that they’ve been there.

42. Now, National Grid’s a well-structured organisation with clear lines of command.

There is one person responsible for this line, and they go to a lot of trouble to survey

what needs to be done and to agree it with me, and they do pay very promptly if they

cause any damage. I doubt that National Grid will let the promoter anywhere near their

pylons, so the sensible way forward in my view is to let National Grid take control of

this work and keep the promoter well away. National Grid have earned my confidence

over the years by how they actually perform. The promoter has not.

43. So my ask, chairman, is can you please take the land out of the Bill. In the past

two years we’ve seen at first hand, and that’s why I wanted – I’m sorry if I went on, but

I needed to explain just how they operate and how they behave. No one takes

responsibility. They don’t care one jot for affected parties. They’re only interested to

dictate how they intend to build a railway without genuine consultation or concern for

anyone else. It’s taken on average six months to arrange a meeting for anything, and it

usually ends up with my MP having to get involved to force the issue. So apart from not

caring, the promoter doesn’t seem to have the organisation in place to deal with us.

Chairman, please keep the promoter out of this.

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44. The promoter issued well-scripted prose about their good intentions, but the

management doesn’t behave in that way. They do not deliver remotely acceptable

communication, and having the promoter involved will simply mean that they get in the

way, they’ll be as destructive as possible, as I’ve explained, with the land, they won’t

consult me and they will cost us money. So in asking you to take this land out of the

Bill the railway will still get built, if that’s what Parliament decides. There are only

good consequences resulting from what I’ve asked you to do. It will actually cost less

money if the promoter’s not involved. The work will get done very much more

efficiently.

45. If, however, you decide that the land has to remain in the Bill then my fall back

ask is that each of the six key points that I described is dealt with please, with firm

undertakings from the promoter. Assurances are no good really. As I understand

assurances they will simply oblige the promoter to use their best endeavours, and I’ve

yet to see them use their best endeavours. No doubt they’ll be able to wriggle out of any

assurances if they decide it suits them, and I don’t see any consequences for them.

46. I give you a final example of how the promoter operates. We decided, chairman,

last May to do the honourable thing and give the promoter access to this land for

ecological surveys. Many land owners have chosen not to but we did the honourable

thing. You’d have thought they would reciprocate. The promoter has conducted a lot of

ecological surveys looking at the plants in and near the streams and looking for newts,

water voles, badgers and so on. I’ve saved them hours of searching by pointing out the

salient features, the springs and water courses, and it’s been a good relationship on site,

in sharp contrast to most of the people I meet over the railway itself. Slide 12.

47. The promoter’s administration is very poor. You’ll note from the slide that the

promoter gets around to attempting to pay for a service provided in June some three

months later. The promoter’s letter states that they credited our bank with a payment

three days before their letter, and also that they sent a remittance advice by email. In

fact no such payment had been made electronically, nor had an email been sent. This

happens routinely. On a previous occasion I rang up, got the usual voicemail, and so I

left a message enquiring what they intended to do. It took a month for a further letter to

arrive, enclosing the remittance advice this time and enclosing a handwritten cheque.

Can you believe it? It was actually a handwritten cheque.

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48. Chairman, this is an organisation that’s asking Parliament to appoint it to run a

£50 billion project at 2011 prices, probably £80 to £100 billion before it’s all over. I

hope that Parliament will think long and hard before letting this organisation be in

charge of such a serious venture. That’s my case. I’m sorry to have been so blunt but

the last two years have been very trying of my patience, and I hope that you’ll see fit to

direct that the promoter now enters meaningful negotiations with me now and not after

royal assent. Thank you.

49. CHAIR: Mr Strachan?

50. MR STRACHAN QC (DfT): Thank you. I’m not proposing to revisit all events

of the past. I know Mr Lewis obviously has strong views about the promoter. The way

I can hopefully deal with this as neutrally as possible is this. There is a lot of

correspondence, there’s been a lot of meetings, there’s been a lot of disagreement;

Mr Lewis referred to some of that. He referred to a complaint he made as a

consequence of that, and, if I put it as neutrally as possible in this way, that complaint

was referred up through the system and then to an independent complaints assessor, who

reported in March 2015, and who rejected Mr Lewis’s complaint and found there’d been

no maladministration on the part of HS2. Now, underlying that there is a lot more

detail. I don’t think it’s necessary for the Committee to get into it but I just merely put it

on the record as we don’t accept the account, but I don’t want to raise temperatures by

going through it again, but there is a process which has been gone through to look at

what happened in the past, and that process has concluded.

51. Taking things forward, if I can do that in the most constructive way possible for

Mr Lewis and the farm, what – there are two issues. The first related to the haul route

and the satellite compound, and the second is the pylon works. On the question of the

satellite compound, I think you’ve already heard and I’ve explained that we have moved

the satellite compound as a result of Mr Lewis’s raising the matter with us, and that’s

the proposal in AP4 and we just wait to see whether there’s any sufficiently strong

objection to that, which would then potentially require the case for the original location

to be looked at again, but we are not proposing to move it back, absent those objections.

So that brings me onto the haul route. There’s always been a haul route proposed on the

petitioner’s land, and the reason for that is because it’s skirting around the edge of the

construction works as close as we can get it as possible, but inevitably here it clips

16

Springfield Farming Limited land.

52. Can I just show you P10283 again? This was the original Bill proposal, so this

has always been there. It’s not a new haul road and it’s always been there for people to

comment on, including anyone in Nash Lee Road. It’s marked on the plans as – the

bottom down here as a temporary site access and haul route, and it always was crossing

the top of Springfield Farming land, then it has to go round, down past Nash Lee Road

in this loop and back up, and the reason for that is that under the scheme we are keeping

Nash Lee Road open whilst the alignment, the realignment is constructed. And so in

order to keep the road open whilst the construction work is going on, we have to bring

the haul route away from the elevated section of where the new overbridge is being

constructed, bring it south and then cross in what is a safe place. And of course you’ll

be aware that our proposals will – are subject to road safety audits and we’re satisfied

this is a safe location. We don’t understand the highway authority to differ from us on

that.

53. I think Mr Lewis was suggesting taking the haul route across here, higher up on

Nash Lee Lane. That’s not possible, both because of the construction work that’s going

on to keep the bridge open – sorry the road open, and indeed it would potentially be

more unsafe than what we’re proposing, so that’s the construction Hybrid Bill proposal

in AP4. 10284 we have a very similar arrangement. The satellite compound’s gone so

we can take the road slightly straighter, but the same arrangement of crossing Nash Lee

Road, and we have provided a series of slides, which Mr Lewis has, which show how it

is that we keep Nash Lee Road open.

54. P0286(1), can I just show you very briefly? This explains how we’re achieving a

permanent realignment with a permanent offline overbridge, and I’ll just take you

through this series of slides, if we could go through to 2 first of all. This is the current

situation. 3, we are constructing the Nash Lee Road overbridge offline, so we continue

to keep the road open, hence, as I explained, why we need to have the haul road where it

is. 4, there you can see the offline diversion of Nash Lee Lane comes into use once

we’ve constructed it, and that concludes the construction. So it’s carefully designed in

order to keep that road open, which I think Mr Lewis earlier said was important to the

farm and other businesses, and that’s the reason for the location of the haul route.

17

55. In terms of access to the property at Springfield Farming Limited at this point, we

did – Mr Lewis didn’t refer to this, but we did have a meeting with him on 19 August,

and I’ll just show you some minutes of that P10757. We had a meeting with Mr Lewis

and we discussed a number of things, including about the assurances, which I’m going

to show you again in a moment. If we could just go to the second page of these minutes,

we dealt with the issue about visibility of the access. It’s in this penultimate paragraph.

Mr Lewis raised his concerns about the visibility from his exit onto Nash Lee Road.

BS, that’s someone from HS2, confirms the road had been designed to highway

standards. Mr Lewis was concerned there wouldn’t be enough time for his slow

agricultural vehicles to exit the farm, the road was not designed to agricultural

standards. And BS said the road had been through the road safety audit and that with

the road gradient plus the height of the agricultural vehicles visibility would be more

than the required 160 metres. NC noted that detailed design there may be an

opportunity to slightly reduced road levels depending on bridge design requirements.

And so whatever Mr Lewis may think we have actually designed that road, that access

to meet the road safety audit requirements and the road requirements for agricultural

vehicles turning in and out.

56. I now understand Mr Lewis is concerned about it. We have sent him some plans

of that access road in profile to show the visibility splays. If he’s got any further

questions about that we’re very happy to answer those, but we have endeavoured to

show him some of the – more detail as to why that access will be available and a safe

one whilst the construction’s going on.

57. Can I turn to the pylons? The land required, as I’ve shown you, for the pylons is

for restringing. And the important thing to note about restringing work – if I show you

P10284, the restringing of the conductors requires, as you can imagine, access

underneath the lines of the pylons as they run across Springfield Farming land. At this

point here, if you just zoom in, there is a larger area of pink shown, but that is where the

lines would cross, the conductors cross Nash Lee Road. And you may have seen this

around and about but what happens is that it has a scaffold erected at the road edge,

obviously for safety reasons. If you’re going to keep the road open you need to have the

scaffolding and a slightly wider area of works in order to do your restringing, and that’s

why for these purposes a slightly larger area of pink is shown to enable those works to

18

go ahead.

58. The pylon de-stringing takes place first. The pylons are moved further down the

line and then the restringing takes place one those pylons have been moved. So it’s in

duration for that whole period expected to be two years, but actual works on the land

itself will be limited to the de-stringing and restringing, which will be a much shorter

period for those works to take place. What we’re taking under the Bill are the rights to

do that work for this project, for this statutory project, rather than National Grid doing it

for their own purposes, which is why we take, this location as anywhere else, the powers

to do it. And it’s important to do that because this is an HS2 project not a National Grid

project, and that’s why we require the powers in the Bill. That said, the works that will

be carried out we would expect to be of the – exactly the same sort that Mr Lewis was

perfectly comfortable to take place by National Grid. There’s no reason why they’d be

any different in substance.

59. CHAIR: We discussed this issue with another farmer a few weeks ago.

Essentially, providing there’s an agreement with the landowner, there is no intention at

all of buying the land or –

60. MR STRACHAN QC (DfT): No, absolutely and we’ve made that clear. Can I

just show you P10290(2) just to make that clear. We have tried to give Mr Lewis the –

that reassurance. If you look at the top assurance: ‘The Secretary of State will require

the nominated undertaker to use the land identified on plans 232 and 233 only for the

purpose of reconductoring pylons, except in unforeseen circumstances outside the

nominated undertaker’s control.’ That’s the only reason we require that land and that’s

the nature of the work that we’d be doing.

61. So I appreciate Mr Lewis doesn’t see eye to eye with us on many things, but we

have so far as we can at this stage given him comfort and assurances in this letter, and I

hope I’ve explained some of the other points that he’s raised today, why we have

actually looked at them without burdening the Committee with the many other parts of

correspondence and minutes of meetings that exist.

62. CHAIR: Brief final comments?

63. MR LEWIS: Yes. The assessor, chairman, indeed didn’t find maladministration,

19

but he did give a very strong recommendation to the management of – or the directors,

the board of the promoter. And I wasn’t going to mention it but since he has, the reason

it took two months was that the promoter claimed to have a complete dossier of their

internal complaints procedure, and when the assessor asked to see it it didn’t exist, so

that’s why it took two months.

64. AP4 and the haul road, we asked for five detailed assurances, assurances on five

detailed points. They’ve not responded at all, so we don’t have this absolute control

over the access that we’ve asked for. Now, whether they could move the haul road to a

position that doesn’t inconvenience our neighbours, and their children in particular,

which is the worry, is, I think, a matter of contention. The road has very wide verges.

One would have thought completely sufficient for the promoter to build a haul road

there and not put children at risk. I think that’s terribly important, far more important

than our access, that those children shouldn’t be exposed. We don’t know what the

road’s going to be used for. They won’t tell me. They won’t tell me how frequently nor

for how long.

65. Regarding the pylons, chairman, I understand exactly – when I was an

undergraduate engineer I worked for one of the old electricity boards for one summer.

I’ve worked on this kind of thing. I know exactly what’s done. They don’t need to

acquire the land. That’s my basic point.

66. CHAIR: They’re not intending to acquire the land.

67. MR LEWIS: I’m so sorry –

68. CHAIR: Not intending to acquire land. We’ve told them they shouldn’t acquire

land which they don’t need, all the way up and down the line.

69. MR LEWIS: I know it says that but I – the basic problem is that I don’t trust them

anymore.

70. CHAIR: Well, there is one way you can get them to acquire the land. That’s to

refuse an agreement for them to access the land to do their work. If you refuse them

they will – in the Bill they will take the land, so it’s actually up to you.

71. MR LEWIS: The problem, chairman, is the term it’s under. They say they want

20

to dig up the land and they want to cut away the crops. It’s completely unnecessary, but

they won’t listen. This is the problem. This is what you’ve just heard that I made these

various points, all they do is come back and say, ‘We’ve decided that’s the best thing to

do and that’s the end of it.’ Well, you know, I’m sorry but I’m not satisfied, so what

I’ve asked you to do is to prevent them taking the land and have asked you to insist that

they do consult with me instead of avoiding me.

72. CHAIR: There are discussions with the NFU, and the Country Land and Business

Association provide a template document that sets out how the approach will be taken

for the project with farmers. And all the way that we’ve discussed this, with quite a lot

of farmers up and down the route, is the approach the project will take is to cooperate

with the farmers as far as possible, not to disrupt their businesses, because if they disrupt

their businesses there’s potential compensation claims. So the reality is there has to be

some give and take, but I don’t see that there’s the problem. I understand your concerns

and your worries, Mr Lewis.

73. MR LEWIS: I see plenty of take and no give, chairman.

74. CHAIR: Okay. Alright, Mr Clifton-Brown?

75. MR CLIFTON-BROWN: I don’t know the merits of this correspondence and

how you’ve been treated, Mr Lewis, but in order to try and give me and the Committee a

flavour of this, could I ask Mr Strachan how many cases like Mr Lewis’s have been

referred to the panel and how many have been upheld?

76. MR STRACHAN QC (DfT): Is that the panel, the independent complaints

assessor?

77. MR CLIFTON-BROWN: Correct.

78. MR STRACHAN QC (DfT): I don’t have that information obviously at my

fingertips but I can find out.

79. CHAIR: Okay, good. Thank you very much, gentlemen. Okay, Mr Bellingham.

80. MR BELLINGHAM: Mr Strachan – and I apologise I couldn’t be here earlier, I

had to go to the doctor – but I’m a bit concerned about Mr Lewis’s comments about not

21

having correspondence responded to, having a breakdown in communications, only

being able to get through to HS2 through his MP. Now, I really don’t think that is

acceptable if that really is the case. I mean, what more can HS2 do to make sure this –

you know, regardless of the merits of the case, to actually make sure there’s a proper

dialogue going on and Mr Lewis’s reasonable requests are taken care of and heeded?

81. MR STRACHAN QC (DfT): I think there’s an element of proportionality in how

I can respond to these sorts of things, because I did make clear at the outset we don’t see

eye to eye in relation to his account of events. And I can certainly agree that it’s

important that there is dialogue and we like it to be constructive. Sometimes because

there are two sides and sometimes people are agitated about certain things it’s not

always possible to reach agreement in correspondence, but the important thing is to try

and maintain dialogue.

82. In this particular instance things obviously – Mr Lewis wasn’t satisfied, so there is

a process, as I indicated, for taking complaints further and he did, and the consequence

of taking it was the complaint was rejected by the independent complaints assessor, who

had the opportunity to review all of the correspondence that took place. What I don’t – I

could of course provide the Committee with that sort of material, but it’s unnecessary to

do it in most cases because that’s really the function of the independent complaints

assessor, and it will add to the burdens of the Committee to have that sort of satellite

issue to resolve.

83. So what I can assure you – what I can provide comfort to the Committee on is that

there is that process there for people who are concerned, and it is an independent

complaints assessor, and I’ll provide the Committee, as requested, with a flavour of how

many complaints have been referred and how many upheld. For Mr Lewis, he did

exercise that, and the complaint was rejected. So beyond that, unless I were to provide

with all the material again –

84. MR BELLINGHAM: I don’t think, Mr Strachan, that’s necessary, but we don’t

like petitioners coming to the committee and saying they can only get meetings with

HS2 through their MP. I think that is something that really does need to be addressed.

85. MR STRACHAN QC (DfT): I quite understand that, and certainly that’s not our

intention; it’s not our position and we do have very, very many meetings with all

22

petitioners throughout this process, most of which the committee, thankfully, doesn't

have to see. But it’s a very detailed exercise. But we can’t make everyone happy all of

the time, but there is a process to deal with that.

86. MR CLIFTON-BROWN: Nevertheless, Mr Strachan, basic courtesies is

arranging meeting within a reasonable space of time, responding to correspondence,

making payments expeditiously when you say you will and they’re agreed. These are

basic courtesies. I do get the flavour from Mr Lewis that these haven't necessarily been

followed?

87. MR STRACHAN QC (DfT): That’s certainly his perspective; it’s not our

perspective. But I totally agree with you that in principle – and we certainly endeavour

to follow those processes – we should have meeting when people want to have them,

and they’re going to be useful, and we should try and have meetings and arrange them in

suitable timescales. But I hope, from what I’ve seen from a large number of these

things, that the process is one that’s going on behind the scenes.

88. CHAIR: Right, we need to crack on. Thank you gentlemen. We now move to

petition 1165, 679, 1067, 1091, 649, 648, 1071, 1092, 1069, 1086, 128, 1068, 1070,

Greg Porter? You’ve got a fair number of slides. We are familiar with South Heath, so

I hope you move through in a speedy way?

The Wood Lane Residents’ Association et al.

89. MR PORTER: Measured progress you said?

90. CHAIR: Yes. Right, Mr Strachan, can you do a brief introduction then we’ll get

on with it?

91. MR STRACHAN QC (DfT): Yes, sorry. Can I take you to P10320? Sorry, I’ve

taken you to the wrong plan. Can I just outline that we’re in the region of South Heath –

we’ve got the wrong plan, we’ll just get the right one up for you in a moment. If I take

you to P8120(10)? Sorry, we’re just getting the right slide. If I just explain? We’re

back at South Heath and the petitioners are at Wood Lane, which is a location we looked

at in South Heath before. It may be easier to get their own slide up. A1599(6) I think is

going to be quickest.

23

92. Wood Lane is shown to the right, over here; it’s a road running down South Heath

and they’ve helpfully drawn the distances from their properties to the edge of the tunnel

as it comes out to the west of South Heath at this point here. You’ll recall from what we

previously discussed, that the promoters have proposed an extension of the bored tunnel

to this location to mitigate the effects both in construction terms and in operational

terms on South Heath and Wood Lane as well.

93. MR PORTER: Thank you gentlemen, good morning. Can I have the first slide

please, go back to the start? Well, gentlemen, I’m here to represent the Wood Lane

Residents' Association, in South Heath. It is a group petition, covering a number of

petitioners. Next slide please? There are 15 petitioners represented here; they all live in

Wood Lane and the average length of time they’ve been there is 18 years. Of those 15

petitioners, eight are retired, so just over 50%.

94. Next slide please? Where we live, Wood Lane, is a 400 metre little lane; it’s

unadopted, and it’s a no-through country lane in the village of South Heath. It has 21

properties along its length, and South Heath itself – as you probably are aware – about

340 dwellings, approximately 900 people. They are totally dependent on access,

particularly the nearby facilities of Great Missenden, Chesham and Amersham. The last

point there: members of South Heath REPA organisation, who you’ve heard of

regarding the tunnelling parts.

95. Next slide please? Wood Lane – here’s an aerial map with just a montage of the

petitioner’s properties along the length of Wood Lane, coming in at the end, to Kings

Lane, and the other end obviously a no-through road.

96. Next slide please? The proximity to the C6 portal is key to much of what I’m

about to say, in the next few minutes. The portal is shown there as planned with the

dotted line, as regards to the tunnel extension, reflected in the decision under AP4. So

the tunnel portal is just on the left hand side of the slide; and there is the village of South

Heath and our Wood Lane. Obviously one of the points I will be making is the close –

very close – proximity to that portal. Next slide please?

97. MR CLIFTON-BROWN: What distance is that please, sir?

98. MR PORTER: Actually it’s the next slide. It’s 650 metres to the top end, sir, and

24

just over one kilometre to the far end. Now, on the right-hand side, as part of AP4,

there’s going to be a vent shaft constructed and an auto-transformer. That is 700 metres

from the far end, and 550 metres. Again, that will come up because of not so much the

construction side of it – although that will have a bearing – it is, are there any noise

implications there? We’ll touch on that later.

99. Next slide please? Why do we live in South Heath? Usual reasons you’ll have

heard before, so I won’t dwell on it very long: it’s obviously a beautiful area, it’s very,

very tranquil and we have great, outdoors quality of life. It is very close to London,

only three-quarters of an hour; good transportation, excellent education facilities and

leisure and a lovely place to bring up your children.

100. Next slide please? So, the central Chilterns area really is a typical example of

quintessential England. You’ll have heard that the very successful TV series Midsomer

Murders was and continues to be filmed throughout the Chilterns villages, within our

area. It principally does this to reflect the image of the typical English rural countryside

living. Location filming has been taking place over the last few weeks; and our

beautiful countryside landscape and pretty Chiltern villages are a key element in its

international success. It is now sold to over 200 countries worldwide.

101. So this slide in front of you – in the beginning, when it all started. Completely

unexpectedly, March 2010, the announcement was made. The promoter as you know,

on behalf of the Secretary of State proposed to construct a high-speed railway line that

traversed 24 kilometres through the widest section and the highest points of the

Chilterns AONB; directly adjacent to our South Heath village. As you have heard,

within 500, 700 metres, and as far away as 1,000 metres, from the tunnel portals. Our

properties and lives were immediately blighted and five and a half years later, they

remain so.

102. Next slide please? The proposal is outlined and summarised there and I won’t go

through every line there. Suffice it to say that it was an incredibly extensive plan and a

covering period of five to seven years was involved with building of electricity

transformer stations, tunnel vent shafts, deep cutting embankments, in fact the whole

gambit. So it was incredibly powerful, shall one say? So as you can imagine, this was

somewhat of a seismic shock to almost everybody.

25

103. Next slide please? Then came the July 2015 proposal for the extension of the

Chilterns tunnel by a small but significant 2.6 metres. They were a very, very important

2.6 metres – miles, beg your pardon – kilometres, even! Now, this slide shows really

what it removed, and it was a very extensive impact to the local area. Besides the 1.4km

green tunnel not being necessary, material stockpiles, satellite construction compounds,

one million tonnes of spoil not having to be removed, extensive number of heavy goods

vehicle movements etc., several new bridges, new roads, tracks, and associated lighting

that would have gone up. And then the creation of a 100 acre, one million cubic metre

spoil dump; and the demolition of 14 properties, etc. It was enormously appreciated. In

fact, we were sad to actually say that the local residents put up quite a lot of banners,

and constructions for your site visit which didn't quite go to plan, and in fact, you were

sadly missing it when you were there; you were somewhat rushed through the

programme.

104. CHAIR: That was the second one was it?

105. MR PORTER: It was the second one, but there was quite a lot of appreciation

being shown, so on behalf of everybody, thank you.

106. Next slide please? Now, if we move onto the five major Chilterns construction

sites that are proposed and the village of South Heath is in red as you can just see here;

and there are in fact five sites. If I point to them individually, the cursor can follow me,

going along the trace. The tunnel portal one, at South Heath, is just here. The

transformer station is just to the right of that. So you can see the village of South Heath

is really sandwiched between the two. Now I will come on later to the roads that go

down to the main A413 road which traverses the whole screen, because that will be a

key pinch point down there where the two access goes on to the A413.

107. Can I just say that anxiety and uncertainty prevail throughout the community at

the moment and even with the C6 extended tunnel it is feared that severe, adverse

consequences for the environment, the quality of our lives, the wellbeing and our

properties does still very much exist. So, a considerable number of concerns exist and if

I could just have the next slide please? I’ve tried and endeavoured to summarise these

under two key headings. This of course is still with the extended tunnel and the latest

AP4 proposals. I've tried to build those in. The two sub-headings they will appear

26

under will be the impact on quality of life and the environment; and secondly, the

impact on our properties and the values.

108. Next slide please? Well the quality of life, it’s a bit of an over-busy slide there,

but number one on the agenda, which you’ve probably heard before, Committee, is the

noise. The plan is for tunnel bursts every 100 seconds. Of course, we have the C6 vent

shaft now, which is unknown. The lives of our children during construction, certainly

their leisure and safety is a key aspect and concern and then we will have road closures,

new builds and traffic congestion, some of which I’ll come onto in a moment. Access is

a major potential problem, to all our principal townships because all will be affected to a

greater or lesser extent. HGV and LGV construction traffic is going to be involved in

2.3 million cubic metres of extracted spoil; some 270,000 heavy goods vehicle

movement equivalents will be necessary. There’ll be a lot of dust, dirt, detritus, light,

water pollution etc. – water pollution less so because I think this committee has received

assurances about that already. Accessing countryside walks, I’ve already – now, not as

great as they were, thanks to your decision in July. The community health and safety,

particularly airborne pollution, is a key factor; and obviously the stress of the work

going on. Then we have the risks to our essential utilities, particularly the electricity

and the re-siting of pylons etc. You only need to have some problems on the electricity

these days; your computers go out and I think we all know how we can’t live without

these things nowadays.

109. Next slide please? Property blight is the second key factor. You can see that in

Wood Lane alone, the 21 properties, we’ve had the five and a half years of property

blight. Now the blight assessment is very difficult; and there’ll be a separate

presentation I think over the next two weeks on that very subject, to you. But I've taken

consultation with them, and they believe that in the area we are losing up 30% in real

terms, given inflation on both cost of living inflation and also inflation in the housing

market. Our properties in fact are frozen or have lost value. So we are a blighted

community, not only today, for five and a half years, but then we see a plan for 10-plus

years going out; that’s 340 properties, another 10 years of potential blight. It’s a very

heavy price to pay.

110. Then one says, well if you do want to move, compensation schemes do exist, and I

will touch on the Need to Sell scheme, but that at the moment gentlemen, is very, very

27

protracted and extremely onerous.

111. CHAIR: I would only touch on it because we are looking at it; I have letters

coming back from Members of Parliament giving examples, so we will be making

further recommendations.

112. MR PORTER: I will make one or two comments just for you to take on board,

but I won’t dwell on it because of that comment.

113. Next slide please? Now, environment noise, as I said is the single largest concern

to everybody. Yet, it is perhaps the most difficult to get precise details about and to

understand those details. It’s surrounded by ambiguity and uncertainty. The promoter I

have to admit has gone to enormous lengths in supplying volumes and volumes of data.

The difficulty you’ll find at the moment is actually extracting the data you need, firstly;

and then secondly, understanding it when you do extract it. The levels of environmental

noise, though, will be little different, it is postulated, than those we experience at the

moment. The prophetic words are used generally, ‘No adverse impact expected’.

Therefore, why are we concerned?

114. Next slide please? This is a slide of the environmental noise, operational noise, as

provided by HS2. You can see the Wood Lane location very faintly, I’m afraid,

gentlemen, but it’s where my pen is on the screen now. In relation to the portal

operations, 1km away – that is Wood Lane; and the portal operation is just to the east of

that; that’s the tunnel, that’s the portal operation there. You’ll see here that they have

got the various zones around the portal of noise and in fact they've got the inner zone for

the high noise levels, day and night, at the top in this chart. Then they have the light

grey area, which shows the lesser affected ones. So you can see Wood Lane is

unaffected; we’re not going to hear noise. It’s not going to be of any significant impact.

But then when you look at this table at the top, it’s got, at night time, 40-55dB; and

during the day time, 50-65dB are the limits to which they only measure – and anything

below that is not shown. Well, that’s key problem number one: night time at the

moment in our tranquil environment, can be extremely low, down to 30 or 35dB.

Daytime, we know, can be less than 50-65dB; it’s not a persistent noise but it can go up

to that, it must admit. But with train bursts every 100 seconds, and the construction

noise, we are pretty concerned about the potential there. But given that picture, there is

28

no reason to obviously be worried.

115. Next slide please? It’s only when you drill down into the assumptions behind the

data – and they are many – that surface noise levels have in some of it, been averaged

over a period of time. 24 hours, 16 hours, eight hours, one hour, five minutes, you name

it. There’s masses and masses of data out there noise, some of it even monthly.

Sometimes the noise calculations have been measured to the centre of dwelling rooms,

the windows are closed or the windows are open. But we live in the country and our

windows are generally open all the time, 12 months of the year. So, again you get

different sets of statistics. Then we find that HS2 use decibel levels there in terms of

measuring adverse impacts, and you have other complications in terms of WHO

guidelines, which are slightly different. Then there’s the question of night-time

averaging, and this can mask or give you a different picture. I’m really explaining all

this sort of data without going into decibels and going into a technical conversation,

because you get experts that have come before you, who have spoken about the

topographical and the meteorological impacts as well. That combined with phenomena

of background masking can change all the data we’ve provided anyway. So all of these

can have a significant impact on the theoretical calculations. So we ask – and have been

fully accounted for – what is really the real situation likely to be? I have a suggestion in

a moment.

116. One of the reasons also we’ve mentioned is that the data itself, when provided, is

in extremely complex form. So what we’re really asking for is the data on the next

slide, please? Sorry, can you go one forward? Slide (17), I beg your pardon. That’s it,

gentlemen. The issue we really want to try and get a fix on, are the peak tunnel boom

noise impacts as trains enter and exit the portal. Really, we want to sort of get a feel for

those maximum levels by distance, permeating out from there. And obviously then

there’s the open embankment section along the actual portal itself as it comes out, along

the open embankment – and we’ve mentioned the vent shaft operational noise levels,

maintenance noise levels at night; and then basically, what happens if those noise levels

are not actually achieved in practice? Is there any redress? Are there any contingency

actions in place? Now those are the questions we’ve been trying to get for over 12

months; and we have got good replies with masses and masses of data, but they don’t

address those questions. I have actually put them in that format that you see before you

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now. So there’s a good chance that the information being there, as I’ve said; it’s just a

case of knowing where it is and then understanding it.

117. I’ve also submitted email evidence of the response I’ve received from HS2 noise

team in October this year, regarding my request, as the potential maximum noise

associated with a vent shaft operation. A response was quite extraordinary. It said,

‘Under the relevant information paper E22, there is no requirement to define the

maximum potential noise levels. It will, however, be necessary to establishing the

rating level, as defined by E22 which will be part of the detailed design which is likely

to take place after Royal Assent’. Well does that mean, basically, we can’t tell you but

we will tell you after Royal Assent? In other words, we have quite a large construction

operation, it’s spanning three or four years, where we have no information regarding

potential noise of the vent shaft. If this is going to be insignificant, only 25dB or 30dB,

whatever it is, then it’s problem solved. But at the moment we have no information

regarding it.

118. CHAIR: We have discussed this on other occasions, and essentially, there’ll be

little noise; there is machinery, air conditioning machinery when a train is stuck down

the bottom or there is some particular problem, and then there’ll be a hum. But all the

way around London and other places, there are hidden vent shafts that people are

unaware of.

119. MR PORTER: So really, it’s insignificant?

120. CHAIR: I don’t think it’s the big issue you think it will be, but I hope HS2 can

still reassure you. If you are concentrating on issues you want to be concerned about, I

wouldn't worry too about that –

121. MR PORTER: Too much about that one?

122. CHAIR: No.

123. MR PORTER: I will pass the word on, thank you. So, another reason why we

slightly remain unconvinced about the overall conclusion of no significant adverse noise

impacts relates to the current tranquil environment we have and the fact that we can hear

the Chiltern line railway running at only 50-60mph in the distance some two miles away

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on occasions.

124. You’ve been exposed, I believe to the phenomena of noise refraction and the

subject of masking and various other theories as well. But all these theories don’t tell

you that the fact that, with a train running very slowly, two miles away, we hear it on

occasions. So when you’ve got something that’s only going to be three-quarters of a

mile away running at 220mph, every 18 seconds (sic), you get slightly nervous.

125. Next slide please? Slide 18 just confirms – and because we’ve discussed the peak

noise information required, just reiterating that the village of South Heath with the

construction portal works as shown here with the cursor, the whole village of South

Heath really is not far off 1km from the portal, and that’s the only thing I think we need

to take away from that, and the peak noise data that we require.

126. Next slide please? Well we really do seem to have somewhat of a perverse

situation where the tunnel rises up a steep gradient, emerging at this South Heath

village, C6 exit, only then to proceed downhill to Wendover Dean via an open cutting;

and the viaducts that are actually sited further down the track. In so doing, it doesn't

protect in any way the South Heath village community as you’ll see in that photo

montage there, which is as I've just mentioned, mostly 1km from the portal. Nor does it

protect the last 8.5km – that’s 25% - of the central Chilterns AONB. So there’s a twin

advantage, perhaps, to a potential solution, but it does beg the question, why have the

C6 tunnel portal so close to the village?

127. Next slide please? I’ll dwell, very, very quickly on this one; I won’t go through it

in any great length, except to say that quite a lot of discussions has taken place in

comparing HS2 versus HS1. HS1 route follows a transport corridor; I think that is the

M20, but about 84% of it, I’m told, follows along that corridor. Now, HS2 does not

follow, generally, any motorway corridors; I think there was a small section along the

M40, about 13% higher – or further north. But the point is, the phenomena of masking

is not a big issue. Given our tranquil environment, we do not have motorway masking

nearby. Train frequencies are obviously different; you have the HS1 running at three or

four times; and HS2 is running 18 times an hour during the peak parts of the day; and

speed obviously. The speed, I was interested to find out, HS1 runs at 300km/h, which I

thought was quite fast; and then against HS2’s plan for 400km/h. So we really have two

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different scenarios there. Then you have the residents who live in the locale of HS1; but

after some 20 years, they don’t complain about the noise because basically, they didn't

know what it was like beforehand, and the tranquil environment they had. That is the

key issue; it’s what is the existing community used to now, and the current level of

environmental tranquillity. Regretfully, this is patently what HS2 are struggling to

come to terms with in providing some of the noise data.

128. So in summary - next slide please? – will our tranquil living and recreational

living environment be adversely impacted? Will the train-generated noise be audible,

intrusively so? Will the acoustic character of a wider area of an area of outstanding

natural beauty be adversely changed forever? And we have received quite a lot of

assertions but what seems to be the case is, yes, there will be some impact.

129. Next slide please? Now the operational noise is one issue, but the construction

noise is by far, potentially, the most pernicious. The latest AP4 construction phases for

the vent shaft, the transformers, and the C6 tunnel now span nine years. Now obviously

not totally all the nine years; there will be some interruption, I’m sure, there. But from

the beginning to the end, it’s going to be a nine-year time horizon now. Originally, it

was going to be seven years, so it’s quite a long time. There’s very few appropriate

environmental noise details available. They’re almost certainly going to have an even

more profound impact during both daytime and late evening operations. Sound barrier

protection is not really applicable here, but we will have the construction operations –

the five I’ve mentioned along the line – HGV and LGV traffic flows and excavation and

movement of 2.3 million cubic metres of spoil. Noise levels are bound to be profoundly

evident, despite the best intentions of the Code of Construction Practice. HS2 have

worryingly stated that there is no requirement to consider construction noise for

assessment and in any event, there is no data available for this to be done in a

meaningful way. So we are going to have a nine-year operation, where basically, as we

sit here, we don’t know what the noise impact of those nine-years of operation is likely

to be. We say, what about HS1 when it was constructed? What about Crossrail? There

must be some indication as to potential noise during this phase. Next slide please?

Again, we don’t need to go into that: peak noise impacts. Again, it’s the same question

on the construction noise aspect.

130. So if we can move on please, (24)? If we now move on then to the central

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Chilterns AONB. I know you must’ve heard extensive amounts on this, so I will be

brief. But, the summary chart there says it; the Chiltern AONB is masked in yellow,

overlaying a map and the HS2 line is shown through it, a 24km, the widest and the

highest sections. You will know how the AONB is designated; it’s one of 31 in

England. You know it’s there to be for the protection and the enjoyment of everyone.

But perhaps more importantly, our Chilterns communities also recognise that we have a

duty of care and do go to lengths to protect it and preserve it in our day-to-day lives.

131. Next slide please? Again, I will quick summary there. Natural England, a

government organisation, considers those six technical criteria. You may have seen this

already; Chilterns does qualify under every single front; and is definitely an area of area

of outstanding natural beauty. Should it be protected is the big question?

132. Next slide? Does it adversely impact on our area of outstanding natural beauty?

Will there be any effect on noise, visual beauty, ancient woodland lost, flora, hedgerow

destruction etc.? In fact, on all those criteria, it does have an impact. So, again, you

ask, should the Chilterns be protected and if so, do we put any special value or credence

on it?

133. Next slide please? AONB landscape, by any yardstick should be valued more

than natural agricultural countryside, yet this does not seem to be acknowledged or

quantified within the promoter’s ES. In fact, it really doesn't get much recognition at

all, and that is really I think, when we look at it, why you have had to hear emphasised

so many times by your petitioners. It is little reference appears in any of HS2’s rhetoric

or its publications. But if you then start to give higher monetary values, then the land

take affects the overall project costs. I suspect that that is not something HS2 or the

government would perhaps want to concede. So the question remains: has any special

monetary or aesthetic value been put on this landscape? If not, should it be?

134. Next – and I’ve got the next slide, thank you. The quality of impacts – sorry, can

you go back again? (27), thank you? The quality of life, well, I’ve mentioned the

outdoor lifestyles and the permanent train operations and to some degree the

construction operations in particular will impact on all those criteria, all those pursuits

and activities. And the common theme through them all is of course their outdoor

characteristic. The other factor is, not only doing these activities; they do have a

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significant associated health benefit. Given our community is probably of the order of

40-50% senior citizens, it does have a hidden very much health plus to it all. The

considerable number of earlier petitions – and how passionately we all feel about the

threat to our current lifestyles. But it is the very essence of why we all chose to live in

the Chilterns. Weekends in particular are awash with visitors and tourists and locals,

taking advantage of the special environment. They represent to so many the core of our

lives and are passionately valued.

135. One moment worth mentioning involved, actually, a REPA viewing of HS2’s

central Chilterns fly-through back in June of this year. Martin Wells and

Marianne Bowtell of HS2 attended and took questions on behalf of HS2. This was

arranged in our village hall early one evening and, much to Martin’s credit, he

persevered through almost all of his presentation with the delightful sounds of ball on

willow in the background. It proved a delightful distraction and lightened the mood.

The quality of life impacts – Next slide please?

136. Well, the construction phase impacts is the one that we all are in fear of; we’ve

covered noise extensively, so I will go on in the next minutes to the light and air

pollution aspect, road closures and diversions, new builds; and then we’ll talk about,

very briefly, the access to Great Missenden for all our facilities there and then onto the

gridlock potential at this very, very important point for us all on the road network.

Health and safety impacts, obviously, touch – that’s shown there on the air pollution and

light, and also access, so I will touch on that also.

137. Next slide please? This slide attempts to represent the two key roundabouts along

the A413 and to the left, east side, we’ve moved through one roundabout, one, across

the A413 to roundabout two to the right hand side, access road to London. So that’s the

main road to London going south. If I come back, the Great Missenden village centre is

down on the, sort of, southwest, and you have just to the right of that, the recreation

ground; you have the park, the tennis facilities and the children’s area generally is in this

right hand corner. The proposal for the A413 haul route is the C6 tunnel portal is just up

from here. And the road intersection comes down to that key pinch point roundabout

where it’s proposed heavy goods vehicle and light goods vehicles, we’ll come on to. If

you look to the right, on Frith Hill, the B485, in the mornings, already you have severe

tailbacks of traffic and it can, at the wrong time, take 5-10 minutes to get down the hill

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and onto this roundabout. We have severe problems in that area already at the moment.

138. The point really is, here, it’s the core lifeline to everything we do in terms of

access to Great Missenden, London and motorways. It really is inconceivable that the

A413 Great Missenden roundabout can act as one of the main conduits for the C6 portal

construction works, as reflected in AP4. HS2 presumably have conducted traffic

surveys live on the ground; and they must, surely, be aware of the potential gridlock

situation and the one we actually face today, between the hours of 07.00 and 09.30; and

the tailback of the eastbound traffic almost as far as Wendover. During the same time

that the adjacent roundabout, the B485 one there as I’ve mentioned, tailback of traffic

can invariably go back and take 10 minutes to get onto the A413. The evening situation

is not so severe, although the school evening times are very peak – about 4.00 to 4.30 –

and then certainly upwards from 5.00 to about 7.30 as westbound traffic comes from

London on the way to Wendover.

139. So construction traffic – Next slide please? – not only do you have – we’re

revisiting this one because you’ll see the A413 stretching across the slide, and the pinch

points that the previous slide has just mentioned. You’ll see across this, all those

operational and construction sites will have potential large movements of vehicles, both

heavy and light. These tables here give an indication of the volume of traffic over the

periods. It’s just, basically, not a workable solution. The AP4 vehicle transport

proposal as it stands is just not viable. The potential disruption to our life and daily

journeys will be too onerous and potentially grind to a halt. A revised HS2 spoil

disposal strategy is therefore most certainly required. Is this recognised? Is it being

considered? If so, at what stage is it at?

140. Next slide please? If I move on briefly to the issue of air, dust and pollution – dirt

pollution. South Heath, in effect, is going to be surrounded by those five major

construction operations. There will be considerable high levels of airborne dust and

there will be considerable mud and debris on the roads. Can we attain assurances on

these factors, that they will be stringently monitored, controlled and managed to the

extent that work will cease if maximum levels are exceeded against pre-set health

standards? Are they embodied within the COCP? Will they be independently

monitored? Your Wood Lane petitioners are very anxious on this matter. I won’t go

into the other general health effects at this stage – I will go just to the right hand side

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there and say, our last small consideration is that where do residents stand in relation to

reimbursement of costs associated with the time, effort and money of maintaining our

properties and our vehicles during this nine-year time horizon?

141. Next slide please? Now comments here on the blight aspect are really only

restricted to the construction phase. Given, really, the uncertainties that will exist

beyond this, and we do know that from some information that, say, in 20 years’ time

property values will equalise. But Wood Lane has the 21 properties; they have been

blighted for over five years to varying degrees; and as of today Wood Lane petitioners

are facing real, reduced property valuations of up to 30%. Look there, the 21 properties;

I’ve mentioned the potential of reflecting 30%. If we just took a 10% factor of that, it

would equate to £1.5 million lost value in just Wood Lane. Two have been taken off the

market that have been attempted to be sold as unsellable; and two are currently up for

sale. Two are currently rented after protracted failed attempts at selling over a period of

a year and a half. All in Wood Lane consider ourselves as locked in. Next slide please?

As if this is not bad enough, we have the potential of at least a further 10-plus years of

blight. So be in no doubt, South Heath is blighted.

142. The next slide shows – probably you may remember it from your visit – the

Annie Bailey site, which was a thriving pub five or six years ago – in fact, I've sat in the

garden there myself. There it is today. I put this up as an aside, together with the other

two slides, to say that it’s a good example of neglect and disrepair that is now associated

with our blight-affected area. Many other examples exist in the village. What is

happening is that as more blighted properties do not sell, the owners look to rental

income as a means of relocating. The regrettable consequence sees incoming, transitory

tenants, rarely maintaining these rented properties up to the same high standards as

perhaps an owner-occupier would do. So the properties, devoid of care and

maintenance, gradually slip into a state of disrepair. 50% of our Wood Lane petitioners

are retired, as you’ve seen; so the balancing of our finances is particularly critical.

Releasing capital here, via house downsizing was a key element in our financial

planning. But in reality, our properties have lost a great amount in value. Residents

who choose to move are faced with either burying a loss or running the gauntlet with the

current Need to Sell compensation scheme.

143. Next slide please? Now much public and political reference is made as to just

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how generous the government’s compensation schemes are. This is regrettably just not

the case. In particular – and the one relevant to most residents – is the Need to Sell

compensation scheme. It’s the one you have mentioned, that you are actually going to

be looking at and which, therefore, I will shorten. But it is a great cause of concern for

worry; and we’ve had many conversations with those people actually going through the

Need to Sell scheme. They identify a number of recurring anecdotal observations

emerging. This slide attempts to encapsulate just a few of their observations of personal

experiences, which hopefully may come up – I’m sure they will – over the next few

weeks.

144. Next slide? The first one, obviously, is the 120-300 metres which is not really

part of the NTS scheme now as nothing beyond 300 metres applies. That’s when,

actually, it can trip over into Need to Sell. It’s a very complex process; it’s very

onerous; it’s time consuming; and basically, it can take up to 12 months or longer. If we

look at the stressful and trauma that’s caused by – that the applicants face, there is an

enormous amount of paperwork involved. This is not specifically because HS2 are

asking for the paperwork, but they are asking for the need to meet the evidence that’s

required. It’s the evidence that you’re having to provide, apparently, which is causing

masses of time and effort. It’s very protracted; it can take well over 12 months, as I’ve

said. Then we come back down to the onus on property owners to demonstrate a

compelling reason to sell. Why do you have to demonstrate? Why should you have to

demonstrate a need to sell? It’s a totally unreasonable criteria. Why should individuals

be asked for enormous volumes of paperwork to support the premise of need to sell?

Why are they, the very people who have been put through five and a half years of

anxiety and stress be denied the right of want to sell without financial penalty? The

scheme as it stands is really unjust and not very fair.

145. There is a lack of clarity regarding a true establishment of an unblighted property

value. We are finding, in practice, according to people who have been through it, that

surveyors and property experts are being brought in from outside with little or no

experience of the area. Why go outside for the expertise? There are plenty of people

within the area that know it intimately. Consequently, the estimated current realistic

market price valuations are almost invariably coming in at a very, very low value. It

doesn't recognise the true value of the properties in the adjacent, non-affected areas. So

37

then, you go in another loop of negotiating what is a realistic price. It just clogs down

the system, more paperwork, more meetings. So, the inadequacies in comparative

valuations and the low initial property valuation is a key concern. I’d like to establish:

do they ever come in with a valuation higher? I suspect that’s not very often.

146. There is, lastly, the point there of any acknowledgement of the benefits of a

property bond scheme. PWC supported and wanted this – or, no, recommended it. But

it is wanted by all of your petitioners. It is recognised that it would settle the market and

return it to unblighted levels. At the very least, if we don’t go down the property bond

route, we should amend the system; not a Need to Sell please. It should be a ‘Want to

Sell’ scheme.

147. In the meantime, HS2 or the Department for Transport, have apparently over the

last week, advised constituency MPs affected, that they wish to make certain changes to

the compensation schemes, particularly in relation to AP4. I haven't seen the precise

details of this, so we would like to ask for clarification from HS2. Will it endeavour to

toughen up the ability for the community to apply through the ‘NtS’ scheme even

though it is the only one available at the moment? In the meantime, however, many

within our community and throughout the UK have spent their lives with mortgages of

25 to 30 years, and suffered considerable thrift and austerity in their younger years.

This is in order to settle down to an enjoyable retirement with dignity and peace. It’s

not been possible for your petitioners over the last five years to actually do this. So we

ask you to put yourselves in our shoes, gentlemen, and just think of the further 10-plus

years of uncertainty and despair. So we really would like to see, at the very least, a

‘Want to Sell’ scheme introduced if at all possible, and the management of the whole

process be considered as being handed over to a truly independent body.

148. Next slide please? Mitigations, I've left to the end rather than deal with them one

by one, and I’ve tried to just wrap them up here, by saying that – which is something

you’ve heard before many, many times – it’s the plea for a fully extended bored tunnel

that will go right the way through the Chilterns, protecting 100% of it, extended to the

other side of Wendover. It means another 8km from the South Heath C6 portal and a

few extra miles – and yes, some extra cost – but it is the only genuine solution that

recognises and protects everything that we’ve said over the last few minutes. All local

residents would still be faced, though, with huge levels of disruption, but given the long-

38

term impact and the effort to actually do this, it would be tolerated and in fact,

welcomed. So, a wonderful legacy for all, if that were possible.

149. I’ve slightly gone off-piste for the moment, here, next slide, in terms of, in one

sense, why does everybody feel passionate about the countryside in England and about

areas of outstanding natural beauty? I sat back and thought, we are a finite country; we

know that basically, like many other countries in the world, our largest single problem is

over-population. We have a small island here and if one says, ‘The countryside, why do

we value it so much?’ It really comes down to, basically, the fact that if you look at

England, just alone, and extract England as a sovereign country – and I know it’s not

quite clear because of being part of Great Britain – but taking England, because that’s

where this line is effectively going from in Phases I and II – we now have the largest

population density in mainland Europe. Now, I certainly didn't realise that. I’m a bit

surprised that we don’t express that politically or in other forums, that we really, really

are very heavily populated. The only one in the European Union that’s higher than

England is Malta, and you can see they are off the chart – you couldn't even put it on. In

the context of world population data as well, where does England feature on that? Well,

if you take out Malta and Monaco, then we’re number five in the world. I mean, that is

a massive, significant reason for why we value our countryside so greatly. So, really,

we’d like to really just put on record that it is something that our green countryside, and

particularly the AONB is something that is worth protecting.

150. Next slide please? The second mitigation, again this might not come as any

surprise to you. You’ve heard from REPA a few weeks ago about the C5 proposal

which basically said, ‘Alright, if the large extended tunnel through to the other side of

Wendover is not potentially agreeable, then a compromise mitigation would be to

extend that C6 by only 1.5km to a lane nearby called Leather Lane and in so doing,

protect the village’ – that is the 340 homes and the 900 people; and a further length, a

small one, mind you, of the countryside. That is the REPA C6 proposal. In the total

scheme of things, there is little or no extra cost in that proposal and it also will not delay

the construction programme.

151. CHAIR: When you say 340 homes and 900 people, where are you referring to

with that?

39

152. MR PORTER: That is the community of South Heath.

153. CHAIR: Okay, right.

154. MR PORTER: Just the area around South Heath.

155. CHAIR: Right, okay, because I was trying to think of the other bit, which you

want to extend it – Potters Row and other areas – but I couldn't find where we had

340…?

156. MR PORTER: I’ll try and point that out on the next slide if in fact it’s the one I’m

thinking of.

157. CHAIR: Okay.

158. MR PORTER: Next slide please? Yes if I point to the village of South Heath just

to the right here, see the two – that is the village there, 340 homes, about 900 people in

that village.

159. CHAIR: Which we’re already tunnelling past?

160. MR PORTER: To that entry point there – exit point and entry point.

161. CHAIR: Okay.

162. MR PORTER: But if you look at this chart you will see that two brown arrows

represent the pinch effect, the sandwiching between the portal and the vent shaft, so you

have – you’re up to nine years of construction, and then you have the ongoing operation

after that. So South Heath is potentially squeezed in between there. What we’re really

making a plea for is to extend that portal, just that 1.5km, just that one mile, down the

track, and that, gentlemen, is debatably, not going to cost us any extra money.

163. CHAIR: That is pretty debatable.

164. MR PORTER: The arguments you’ll have heard from all sides on this, and I sat

here a few weeks ago listening to the various debates on tunnelling rates, costs etc. And

the estimated on cost by the promoter was £53 million against REPA’s calculated saving

of £18 million. How many times have we all been there in that situation before?

40

165. And in my experience, my professional experience, you will find that the financial

executives on the one hand believe that any new incremental work – in this case the

extra 1.5 kilometres – should bear its proportion of R&D and start-up costs, i.e. the fixed

costs. Whereas on the other hand you have the commercial sales executives who argue

that the fixed costs are already sunk into the existing financials and that any additional

new capital work can already be costed out without those elements being included.

166. In this instance, the fixed and variable costs have already been financially

accounted for up unto that C6 portal. And therefore it is not unrealistic to consider the

REPA figure for an extra 1.5 kilometre tunnel as reflecting the actual situation more

pragmatically, i.e. cost neutral or maybe even a small saving.

167. I’ll get off this subject, gentlemen, on to the last one.

168. CHAIR: I hope we’re not going to spend too much time on this.

169. MR PORTER: This one is the property bond. And it is a very quick one because

you will have heard about this already. But those are the benefits that actually have

been penned and are seen by the professionals in the businesses in our area. It will

basically placate the market. It will remove the compelling reason to sell prerequisite.

It will remove the enormous government costs in terms of the endless meetings and the

heavy process: the surveyors, the experts in the Need to Sell scheme and just the sheer

time and money that must be spent on that. So a property bond was actually something

also that was recommended in the HS1 considerations. It wasn’t introduced, I

understand, but it was recommended by a specialist panel that was commissioned to do

it.

170. So, as a basic principle that underwrites that, it’s only right, we all believe, that the

promoter takes on the risks and responsibilities that they themselves create. A bond

scheme is professionally recognised as being the best, most cost-effective here.

171. And finally, gentlemen, last slide. That says it there basically: it’s appreciated that

basically all the costs, the technical feasibility considerations. But, in the context of a

high speed rail line that will span hopefully many centuries, we hope you will agree it’s

worth actually protecting it and giving it a worthy legacy to actually protect our English

countryside. And we’re hoping it is a compelling enough reason – your words. Thank

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you, gentlemen.

172. CHAIR: Thank you. Mr Strachan.

173. MR STRACHAN QC (DfT): Well, I’m conscious the Committee has considered

this issue in some detail so I don’t intend any disrespect to Mr Porter if I don’t repeat all

of the previous points we’ve made in response. But, just by way of summary, the

Committee will have seen that in this location we have proposed the extension of the

tunnel west of South Heath so it’s now a twin bored tunnel past South Heath. And the

effects of that have obviously been looked at in the AP4 proposal.

174. But I can just highlight two things because they are obviously of concern to

Mr Porter. First of all, if one looks at P8133, you will recall that the proposal has a

construction benefit because under the AP4, which is on the right-hand side of the page,

you’ll see we managed to stop any construction traffic routing into South Heath or

indeed Hyde Heath Row or Potter Row. And so the construction traffic routing now is

along Chesham Road for the vent shaft and then down on our haul route southwards to

the A413. And so communities such as those at South Heath or on Wood Lane will

benefit from that change that we’ve introduced in construction terms, both of course in

terms of activity of vehicles but also in terms of consequential noise.

175. So that’s the first point to make. And the second is operational noise effects of

AP4 which I think were referred to by the petition themselves. A1599(16), if I can get

that back up please. This comes from the Environmental Statement that was being

referred to. If I just remind you again where Wood Lane is over here. It’s this stretch of

properties. And you can see that Wood Lane in the operational phase is well beyond

any of the contours that were being referred to by Mr Porter. These contours reduce the

effects. Sorry, the proposal here reduces the effects on Potter Row which were of

concern by the introduction of a deeper cutting and a noise barrier. But Wood Lane

would not have any material effects from the resulting railway in operational, as can

clearly be seen from this diagram.

176. Now, I know there’s a wealth of information about noise and I know the

Committee has heard a lot about it in the information papers: E20, which deals with the

operational noise; E22 which deals with fixed plant. Because they’re slightly different,

E20 explains the thresholds for the lowest observed adverse effect levels both in terms

42

of averages and indeed maximums which are set out in the appendix, which the

Committee is very familiar with. Now, E22 deals with fixed pants and for the vent

shafts, for example, the operation of the vent shaft fans, the E22 explains that for

stationary systems, of which vent fans and vent shafts would be a stationary system,

with a rating level of the fixed installations in the normal operation at the worst affected

residential sector minus the background level is not more than -5 dB determined in

accordance with the ES4142 of 2014. That’s the objective and that sounds quite

complicated but of course in real terms it means seeking to have fixed plants which

operates at below -5 dB to the ambient levels in the area. So there shouldn’t be any

concern and you can see on this there isn’t any concern about the vent shafts and

properties in Wood Lane.

177. CHAIR: Can I pick up the point that Mr Porter seemed to be concerned about

whether or not there was a boom when trains came out of the tunnel?

178. MR STRACHAN QC (DfT): Yes. As the Committee has heard, the portal, the

design of the portals at these tunnels, are there to stop the boom effect which the

petitioners are referring to. And I think the Committee has heard in much more detail

from Mr Thornely-Taylor about that and the way in which the aerodynamic design of

the portals with the ability for the air to be pushed out either as the train enters or leaves

prevents that phenomenon which has been referred to as ‘sonic boom’. So the

operational assessment of the railway includes the maximum levels and those are

available in volume 5 because I think Mr Porter was concerned to understand what the

maximum levels are. But the operational design of the railway is designed to eradicate

any sonic boom through the tunnel portals. And that forms part of the assessment that

was designed in accordance with the environmental minimum requirements.

179. So that really deals with the question of noise taken together with all the other

elements you’ve heard which I’m not necessarily going to repeat now. So if I can just

remind Mr Porter of E20 and E22 and I’ll happily provide him with some of that detail

if it would assist.

180. I know the Committee is very familiar with this but just, for example, the concern

about nine years of construction, that is the overall construction programme for the

railway. As we’ve explained, and as the information in the Environmental Statement

43

shows, it is not nine years of construction activity throughout that period. The vent shaft

is a very good example of that. The vent shaft is constructed and there is a peak period

of activity of HGVs where one is taking excavated material from the vent shaft away

from the site. And that, as we’ve shown to the Committee before, is effectively a three

month period of peak level activity. And so, when we’ve looked at those slides showing

traffic down the Chesham Road at, I think, 110 HGVs, that is a peak period of activity

for a very limited period. And, of course, we are going to have to manage that traffic in

our discussion which we’ll have to deal with; and we’re dealing with Buckinghamshire,

as the Committee has heard, to ensure that that traffic can get through the traffic system

without causing material or significant delays. And it is in the promoter’s interest to

achieve that because we have to use the roads as well as everyone else to construct the

railway in accordance with our timetable. So there’s a mutual benefit to ensuring we get

the traffic right. But it isn’t, as Mr Porter appears to… and I just want to reassure him

that it isn’t a period of nine years, for example, of construction and HGVs coming from

the vent shaft in the way that’s been described.

181. That level of detail is in the material and if Mr Porter wants further information

we’ll happily point him in the right direction.

182. So those were the key concerns, I think, about the effects on Wood Lane:

construction noise and traffic and operational noise. There was quite a lot about the

Need to Sell scheme and the Committee has heard our position on that.

183. CHAIR: Air quality is monitored by local authorities and you have to comply

with –

184. MR STRACHAN QC (DfT): Indeed. As is, of course, construction noise. And I

was just going to mention E23 which deals with construction noise and the levels that

are identified were, again, lowest observed adverse effect levels. And the regulation of

work sites under the Control of Pollution Act which the Committee has also heard about

which is explained in the information paper. So in terms of construction activity there’s

a wealth of other controls that are applied to the work sites.

185. But, coming back to the map, for Wood Lane the position is very much better as a

result of the proposal where what was a green tunnel going past South Heath, which

would involve construction activity whilst constructing the tunnel, that is now a bored

44

tunnel. So we don’t anticipate any material effects on properties in Wood Lane for the

reasons I’ve just shown on this map.

186. CHAIR: Okay. Transport plans are agreed with the local authority. There’s work

going on on junctions.

187. MR STRACHAN QC (DfT): Indeed, and there’s a list of junctions which are the

subject of, I think, work assurances which we’re getting close to. We haven’t yet agreed

but I know the Committee is getting some update correspondence from the parties on

that. But discussions are continuing where we would be looking closely at, for example,

the junction that Mr Porter referred to.

188. The costs of the REPA tunnel extension, those are controversial. You’ve heard

quite a lot of evidence about that and how we get to our costs. And it is, in our

calculations, a considerable extra expense to achieve a difference for a very limited

number of properties. And Mr Porter was good enough to explain – he was talking

about the community of South Heath – but you can see from this diagram itself that the

community of South Heath is already protected by the twin bored tunnel emerging

where it does. And that’s why, plus the lowering of the line and of course the noise

barriers that are shown currently going on the top of the cutting - that’s again subject to

consultation.

189. So no disrespect to Mr Porter in not going into more detail but I just wanted to

give you those summary points.

190. CHAIR: Okay. Brief final comments? You got through quite a lot, Mr Porter.

191. MR PORTER: I did. Thanks for listening. It’s a very final point and that is that

this issue of noise, you’ve been confronted with this endlessly for the last 12 months,

absorbed with LAmaxes and LOQs and all this other data. One of the things I would

actually like to suggest is HS2 do one or two very good events when they do do them.

And they did one recently in South Heath on the general subject of AP4. Why could

they perhaps not do one on noise? Just a road show on noise. That could really be quite

of interest and a lot of people could actually go along and have that discussion.

192. MR STRACHAN QC (DfT): Can I? I don’t mean to prolong the debate. We

45

have done road shows on noise. I think some of the reaction to that was that people

have said they didn’t believe the noise that we were producing. So you can’t win if you

present it. But, as a matter of fact, we have done portable sound lab in the past in our

consultation effects to show the effects.

193. CHAIR: It’s a bit like the battle of photographs where petitioners show very big

structures; HS2, structures you can barely see. We hear recordings from petitioners

which are very loud. We have to use our own judgement. But we have been to the labs

and listened to actual sounds. So you start off by talking about the Chiltern Railway. I

wouldn’t necessarily think that the railway that rattles along slowly is necessarily

actually quieter than the railway with all the mitigation going at the speed that it is. So

the difference is you’re used to the local A road and you’re used to the local Chiltern

Railway which you use and therefore even if it’s a bit noisy you’d probably tolerate it.

Okay.

194. MR PORTER: Thanks, Chair.

195. CHAIR: Thank you very much indeed. Right, I’m going to move next actually to

285, 73, 779, 607, 903 which is Parochial Church Council, Wendover Choral Society,

Wendover Music, Wendover University of the Third Age, and William, Bridget and

Ruth Avery. Have we lost Mr Avery? We’ll wait a few minutes for Mr Avery. Nature

calls. We’ll adjourn for two minutes. Order, order.

Sitting suspended

On resuming—

The Parochial Church Council of the Ecclesiastical Parish

of St Mary the Virgin Wendover, and others

196. CHAIR: Welcome back to the HS2 Select Committee after that brief

adjournment. Welcome, Mr Avery.

197. MR AVERY: Welcome, again.

198. CHAIR: You have a lot of witnesses.

199. MR AVERY: Yes.

46

200. CHAIR: Sometimes with MPs less is more and so I hope you can speedily go

through and make your points in sufficient time. But being punchy please.

201. MR AVERY: I’ll do my best. Are you intending to finish by 12.30?

202. CHAIR: Well, you asked for rather more than an hour but I think you ought to be

able to make your case in an hour provided you move your witnesses through very

quickly.

203. MR AVERY: Of course.

204. CHAIR: They’re all seated and ready to go.

205. MR AVERY: Everybody’s ready to go.

206. CHAIR: I think we’re aware of where the church is and the issues, Mr Strachan.

207. MR STRACHAN QC (DfT): Yes. The only thing that I was going to remind the

Committee of is the proposal for AP5 for the tunnel extension plus the noise mitigations

you heard about yesterday in the context of the school. These are of direct relevance, of

course, to the church which is next door. We have provided, or will be providing, the

Environmental Statement for the noise environment of the church and the improvements

that will result from those mitigation measures which we say address the concerns that

are going to be expressed in a comment about noise levels within the church: both the

average noise levels and the maximum levels which bring them down to levels which

either were currently experienced or enable those activities to continue.

208. So that is work which will be produced with AP5. But it’s directly relevant to

what you’re about to hear.

209. CHAIR: Okay. Good. Mr Avery?

210. MR AVERY: Yes, we’re aware of AP5 and I actually touch on it in here. So,

yeah, good morning and obviously thank you very much for the opportunity of making

our petition to you this morning. As you know, my name is William Avery and I’m

leading the group of St Mary’s petitioners, and have also added our family petitions in

as well because we’re mostly concerned about the church, although there is one

particular aspect I will bring in later on.

47

211. If I could have slide 1, please. While we wait for this slide, I can say that all my

witnesses are here kindly. I also have my wife and daughter; she’s tuned in on

parliamentary TV and we also have both Tony Farmer and Pauline Knowles who are the

wardens of the church. We’ve chosen to represent ourselves, partly on cross-grounds

but also because we want to communicate directly to you what we feel about the

situation.

212. I have actually prepared books of the words if anybody wants to receive them. I

know what we say will be captured.

213. I’d like to begin by thank you for the time you spent in the church in two groups

hearing the experienced first-hand training within the church.

214. So now we’ve got there, so now can go on to slide 2. The group represents many

and varied users of St Mary’s Church including the area known as the Centre and

around the churchyard. We speak on behalf of several hundred people from all walks of

life, most of whom are not regular attendees of the church.

215. We care about four aspects of the church. The building itself; and just for the

record you’ll know that the church has been there since the 12th century and the present

building dates from the 14th century. I was responsible for managing a programme of

external work repairs about 10 years ago and you will have seen the result of about

£1 million worth of internal refurbishment instigated before HS2 was on the horizon

which was planned and justified to the authorities because the changes would optimise

the space for the widest range of uses for the benefit of the whole community.

216. As I speak, the church is being set up for a three day conference by Stop the

Traffic using the same sort of technology that you saw at your visit. Of course, the

internal silence of the building is vital to most users.

217. Secondly, we all care about the environment of the building and in particular the

churchyard for all sorts of reasons ranging from friends and family who are buried there

or their ashes are spread on the grounds and for the tranquillity as a result of the buffer

to the current noise sources and the events that take place in the churchyard for many

visitors.

48

218. Thirdly, of course, we care about the effect of HS2 on Wendover. We all mostly

live in Wendover and our homes there, their value is affected and we care about the

local businesses, etc.

219. And, lastly, we care about the setting of Wendover and the beautiful countryside

that we share with people from far and wide.

220. So you’ll see, from the conclusion of this presentation, that our concern is wider

than just the building that is called St Mary’s.

221. If I could have the next slide, please. HS2 have said several times that they’ve

referred to ‘ongoing dialogue’ with us. And this is definitely the case. Firstly, we

acknowledge the constructive dialogue between us and HS2 with regard to the acoustic

performance of the building and the necessary mitigation of the building itself. Our

presentation assumes that HS2 agree with us that, based on the readings that they have

taken, that the sound attenuation performance of the fabric is about 20 decibels. This

was confirmed to us by HS2 on 7 August by email and I would add that of this is

reneged on by HS2 we would wish to readdress our presentation.

222. Secondly, we’ve had good communication in connection with how to upgrade the

façade of the church and we are content with the approach that HS2 are adopting in

terms of suitable techniques and particularly with their regard to the Grade II listing of

the building and the aesthetic sensitivities. The dioceses of Oxford also seem content

following the meeting on 10 August for which the minutes remain to be issued by HS2.

Where we might differ is the approach to the required upgrade and the sound attenuation

of the fabric which was touched on in the email referred above. We set out our criteria

later on, but this is not to imply that our preferred solution is just to attenuate the church

but rather a wish to cooperate with the HS2 initiatives.

223. Regrettably, we have the opposite sort of dialogue with regard to cost and we

understand we are not alone in this experience. As a result, we believe that both the

Select Committee and the petitioners are prevented from making decisions or

representing views in the knowledge of fully transparent cost comparisons. Again, more

later.

224. Next slide, please. This is a slide that just lists how the rest of the presentation

49

that I’m giving is going to go. I don’t think I will read it all out; I will try and push

through as quick as I can.

225. CHAIR: We can usually read the slides faster than –

226. MR AVERY: I’m sure. So the next slide, please. This will all be familiar to you

but, just for the record, St Mary’s is a part of the Wendover community. As a result of

your visit, you will know that it’s on the outskirts of Wendover and is a largely rural

setting which is both beautiful and tranquil and, particularly, in the middle of the day

and evenings.

227. This image, courtesy of Google Earth, shows the church in relation to the planned

track, the position of the end of the tunnel in the proposed Bill scheme, not AP5. The

distance from the church to the track is 280 metres. The end of the tunnel portal in the

Hybrid scheme proposal is the short line on the image. It’s important to realise that the

church extends right up to the London Road. The churchyard extends right up to the

London Road and you can see this just about in the current Bill area at Wendover

between the London Road and the large new school building immediately south of the

church; in other words just there. So that’s where people are being buried at the

moment.

228. Next slide, please. This is from the pack of information you received. This shows

the ‘L’ shape of the site and where the boundary extends along London Road in a

south-easterly direction in front of the school. This is the current area for the burials and

is a little over 100 metres from the track. It is important to realise that outside normal

rush hour periods, traffic movement is greatly reduced as are the trains on the Chiltern

Line. And the point to make about the Chiltern Line in comparison to HS2 is that only

those leaving Wendover for London make any significant noise as they accelerate out of

the station; and that’s two trains per hour.

229. Next slide, please. The church is the largest and most flexible venue in Wendover

and the surrounding area with a seated capacity of 300. There were about 250 in the

building at the time you were there. Serving a population of about 30,000 within a

three-mile radius, and that does not include Aylesbury. Annual footfall is 35,262. This

is calculated as follows. There are 680 activities in the building per annum based on a

review of the church’s diary over the last 12 months. In addition, the church is open

50

every day and because it is heated with low lighting and for safety reasons there is a

regular flow of people from all walks of life visiting, and this has been assessed as 300

per annum. I suspect this is many more.

230. The 680 activities are made up of – in the interests of time I won’t list them all –

local school visits, U3A meetings, concerts, Choral Society concerts, meetings by

Alcoholics Anonymous, scouts group, diocese meetings, conferences, birthday parties,

film festivals. A really wide range of activities. And of course I should also add there’s

a lot of religious activities there: three services every Sunday and all sorts of additional

services on holy days. That’s the reason why there are so many people passing through

St Mary’s Church, Wendover.

231. Of course, the external noise intrusion is not of importance to some of these

activities, but it is of vital importance to many. Many of the activities spill out in the

churchyard such as weddings and funerals and flower festivals and church teas when

people come regularly for a cup of tea and cake, including many people walking around

the surrounding hills. Therefore the same tranquil surroundings that benefits the inside

of the church is of immense importance to the many people that visit the churchyard, be

it for a cup of tea or to visit loved ones buried in the churchyard.

232. The importance of St Mary’s has been recognised right from the outset by

Parliament with specific reference in the Environmental Statement; and the effect of the

noise from HS2 trains has been demonstrated to you both inside and outside the

building.

233. I have already mentioned the £1 million pounds that was spent re-ordering the

interior of the building. It is important to note that most of the money came from people

or groups who are not regular worshippers at the church but value the building for what

it can facilitate for the whole of Wendover. Without effective mitigation, most of the

activities would cease, resulting in the community losing its most valuable asset and

providing the stewards of the church with income needed to maintain it. The building is

a place central to the life of Wendover and there is no alternative.

234. If I could have the next slide, please. Based upon the published predicted peak

noise levels every time a train passes, the noise generated with result in a 70 dB level

outside the main entrance to the building, which is the north porch. Of course, this

51

prediction is based upon the most optimistic assessment of the noise generated by trains

at 360 kph. You will know that assumptions are made on the reductions that will be

achieved in the detailed design of the trains notwithstanding that there is no precedent

for this to be achieved. What will happen if the trains arrive and fail to achieve the

desired performance? We think that HS2 should be required to design with regard to

noise with a contingency just as Treasury policies to include an allowance for optimism

for government funded projects. We understand that this was done on Crossrail where

5 dB was added to the prediction to allow for such optimism and unpredictability of

sound in a real situation, i.e. not just free air.

235. The noise inside the building will reach 50 dB with the result that it will be clearly

audible and intolerable because it is loud enough to stop people from hearing the quiet

sounds and silences that are part of the normal use of the space for many of the

activities. 50 dB is about 20 dB louder than 250 people sitting in the building in silence

while listening to a musical performance, lecture or sermon, as you witnessed during

your visit. 50 dB is louder than the quiet passages of a string quartet playing in a live

concert with a building full of people.

236. Next slide, please. Here you can see the Endellion String Quartet on 7 May this

year hopefully who happily agreed to be recorded for this purpose. About a third of the

way from the front, which is there. You can see the screen on my laptop which is

recording both the performance using a pair of high quality microphones and also the

output of a sound level meter positioned close together. I also filmed the whole concert

and this still was grabbed from that film. I can therefore prove to anyone the reality of

what occurs during a Wendover concert performance. There are many other comparable

situations when background silence is a prerequisite.

237. For instance – next slide, please – 50 dB is also louder than a person speaking

quietly to an audience. This slide shows a typical U3A meeting with a speaker in front

of a full church. Of course, the church has a sophisticated sound system, as you

witnessed during your visit, but the solution is not to turn it up and drown out the noise

from HS2. It is not in use for concerts and does not help individual conversation.

Incidentally, when it is in use, those using the induction loop will have the dubious

pleasure of the noise from HS2 being amplified by the system by virtue of the

automated gain control introduced to the system during the silent parts that occur in

52

every event.

238. Next slide, please. I’ve already said that the noise close to the church itself is

70 dB. I demonstrated during your visit what this would sound like and was required to

raise my voice to be heard. And it just gets louder as you go towards London Road –

next slide, please – with the result that those attending a funeral, visiting loved ones

buried or commemorated in the churchyard – and remember the churchyard is for all the

citizens of Wendover – they are deafened by the noise from the trains 38 times an hour

at a level of 80 dB by London Road. What would you think if you were attending a

funeral and the priest had to shout?

239. I’m sure that most people have no idea how loud 50, 70 and 80 dB sounds like.

You do: it was demonstrated to you in the church and I think if it will be properly

demonstrated to everyone close to the railway I’m sure there will be an uproar, a protest.

240. Next slide, please. I did not have time to describe the method and logic behind the

two noise demonstrations that I did for you in the church, so just briefly, and I’ll try and

be as brief as I can. The first demonstration was longer and the church was full of

people. In this demonstration, I was assisted by Mr Summers of Acon who provided a

second calibrated meter as a further check. The second test was shorter and with less

people due to short notice.

241. Firstly, after a fruitless search for a good recording of a TGV, I went to France and

got a full range, high definition recording of a TGV Atlantique class train from a

distance of 19 metres – close – from the nearest track passing into and out of a tunnel,

which is equivalent to the situation by the church. I then created the soundtrack of trains

travelling in alternating directions to simulate the real situation.

242. In the demonstration, you were positioned in the middle and close to the sound

level meter connected to a screen which showed the sound level you were experiencing.

When I asked people to be silent, you will have seen that the sound level dropped close

to 30 dB. Then, using the surround sound system, I introduced the sound of the train

recording at around 48 dB. There can be no doubt of the clarity of the noise of HS2

trains in the church. The HS2 trains will sound different to TGV Atlantiques but the

actual level in the church will be as I demonstrated. I subsequently turned it up to 70 dB

and demonstrated what it would sound like immediately outside the building, and then

53

to 80 which is the level by the current burial area by London Road. And you will have

felt the shock from the 250 people in the room at the time, and I suspect it took you by

surprise as well.

243. Underlying this demonstration is the result of two pieces of work. Firstly, the

peak noise predictions provided by HS2 in the location outside the main door of the

north porch of 67 to 70 dB. I’ve already stated that the base of this prediction is the

most optimistic assessment of noise the trains will make and therefore for design

purposes 5 dB should be added. This is the reason I have used 7 dB.

244. Secondly, the effective sound attenuation of the building’s fabric is 20 dB.

Briefly, this was established by an exercise that went through with HS2. Based upon the

initial concerns, there were some sound level tests and readings taken but, as a result of

their analysis, these were redone on 26 January 2015 with myself in attendance. One

sound level meter was inside in the middle of the space and the other outside by the

north porch. As a result of subsequent discussions, it was agreed that the fabric

achieved 20 dB sound attenuation. Again, I was assisted by Mr Summers of Acon and I

refer you to the evidence he gave on 14 July in the afternoon as part of the petitions held

on behalf of Wendover Parish Church and Wendover Society and Wendover HS2.

245. So to conclude this bit, the predicted 70 dB outside will result in 50 dB inside

which will destroy the ambience of the building and stop and/or reduce all activities to

the detriment of the whole community.

246. Now, then. When considering what to do to mitigate, it is important to realise that

the building has line of sight of the train as it passes over the embankment – next slide,

please – south of the green tunnel and onto the viaduct. Trees visually screen the trains

only in the summer but do nothing for the noise generated. This particular picture

demonstrates the point. You will be able to see the pylons, these pylons that are often

referred to – one there and another one there – which are currently on the line of the

tracks within a few metres.

247. And just to the left of the top of the tower there is a gap there and that is exactly

where the tracks will be. So if the train was in operation from where this drone shot was

taken, you will be able to see it from there. Obviously the drone is above the church so

it’s not a true shot but what I’m trying to show is the relationship of the church to where

54

the train is there. However, the elevation of the track in relation to the building is above

the roof of the building so there’s minimal impedance of the noise from the train until it

hits the roof of the building.

248. Also significant is the prevailing wind from the south west which will increase the

noise from the trains above that which is predicted. While the walls of the church are

solid and thick, the stained glass windows are almost acoustically transparent due to

their construction age. The roofs keep the water out but are not airtight and therefore

perform poorly acoustically. The tower acts as a large ear trumpet and the floors above

the ringing chamber have large gaps in the boards. Finally, the north porch glass door

has large gaps if only to take into account the irregular floor, and is the gift of a member

of the congregation in memory of her husband.

249. So what would need to be done? Next slide, please. You’ll see later on that what

I’ve come up with is a hierarchy of asks with the aim of giving you, the Select

Committee, a clear view of what would satisfy us. With this in mind, we thought it

would be helpful for you to know specifically the group’s criteria for the acceptable

sound attenuation of the building. Increase the sound level of the building fabric to a

minimum of 50 dB, to be measured in the same way as the 20 dB level was established.

This will ensure a margin of error in the predictions by HS2 referred above and also the

range in actual and desired performance of the sound works.

250. Following the meeting on 10 August, which was attended by the Archdeacon of

Oxford and diocese heritage specialists and the equivalents from HS2, in the church, the

likely specification to achieve this level of attenuation will be as you can see there.

Sound attenuation of the boarding. Full high glazing to the ringing chamber. That’s not

expensive, but will be modest costs. Sound attenuation of the north porch and

secondary glazing to all the windows. It won’t surprise you to know that the secondary

glazing of the windows is the contentious bit. It has to be done on the inside, they have

to be openable for cleaning purposes.

251. CHAIR: You don’t have to go into quite so much detail, Mr Avery.

252. MR AVERY: Okay. Piecemeal proposals will not be accepted, as I’ve said there.

We’d like the work to commence within 12 months before it’s sent to the Hybrid Bill so

that we’ve got the protection during the construction phase. Technically the work is

55

straightforward. It’s not without precedent, St Luke’s Church and St John Smith’s

Square being a couple of buildings.

253. Okay. Moving on and turning to the next slide. Costs. At this point I think I

should say a bit about my day job. I’m a chartered builder and chartered construction

manager and have an MSc in Architecture. I spent the first 21 years of my career

working for large contractors with responsibility for many projects. For five years I was

director of Colliers, the international property consultancy, and then for four years

heading up a property development company with responsibility for the current

premises of the Competition and Markets Authority in Victoria House. Since 2004 I’ve

been running my own business of a real estate project management service for a wide

range of companies, including Siemens, including the early stages of the wind turbo

factory at Hull and AWE as well as residential developments.

254. As a result, I find HS2’s behaviour with regards to cost particularly galling,

unhelpful and contrary to natural justice. In my day job I would’ve done something to

change this. It reminds me of how an underperforming contractor behaves while he tries

to construct a claim for an extension of contract as his ‘get out of jail’ card.

Individually, I hasten to add, HS2 personnel have all been very polite and helpful until

the matter of costs is mentioned when the shutters come down and the management

speak comes to the fore.

255. All we are asking for is believable, relative or comparable costs for the various

options that have been proposed. We can’t afford to pay for a professional quantity

surveyor specialising in civil engineering works. The story of David and Goliath comes

to mind but, I assure you, with a better outcome for Goliath than in the Old Testament.

256. Not only is the information we have access to inconsistent, but HS2 have not

provided any detail, presumably to further their objective of effectively misleading the

debate on the relative cost options. We know that the detail must exist and, as stated by

Tim Smart, a rail engineer, on 4 October 2013, the industry has been extensively

consulted and will therefore be fully aware of the budgets and costs. It is easy for HS2

to inflate costs for extras or options that they do not want and to deflate costs and

savings for options that they do. This is both disingenuous and contrary to transparency

and natural justice. We regret that HS2 feel able to hide behind regulation 12(5)(e) of

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the Environmental Information Regulations 2004, most recently on 10 November in

response to my last set of questions attempting to understand the comparative costs of

the various options. Based on a lifetime of experience in the construction industry, in

both public and private sectors, such detail is not prejudicial to the outcome of a

properly run, competitive procurement process. At least with regard to the civil

engineering works, this is nothing that is rocket science and such works are being

carried out all over the world and, of course, in the UK at the moment; so the industry

knows what the work costs.

257. So I do not accept that to share the detailed cost breakdowns would not be in the

public interest. On the contrary, it is in the public interest that the information is fully

disclosed so that they can be scrutinised and trusted. We ask the Select Committee to

instruct HS2 to change its attitude and implement an independent comparative cost

analysis for the options. If it will help, those given access can sign an NDA.

258. Based on what we have been advised by HS2, the comparable costs are as follows.

Next slide, please. Now, I don’t know how much of this can be seen. It can be enlarged

presumably. Yes, okay. Can everybody see that now? This is a representation in Excel

of what has been issued to David Lidington, who is before you on the 25th I understand,

and which is the subject of my email to freedom of information advisor, Piri Norris,

which produced the response referred to earlier from Jane Ivory, freedom of information

manager. So at least I’m working up the system.

259. What I’m looking to create is a cost comparison for the options for Wendover that

will have a direct effect on the church and the interests of the group we represent.

Therefore, it is correct to make the comparison for a 4.7 kilometre stretch that will be

the length of the preferred tunnel for Wendover with costs for each element of the

works, including additional costs in savings in land, property and all long-term costs

such as pumping stations taken into account to arrive at a level playing field, just like a

standard tender cost comparison.

260. The options are the proposed scheme including the proposal issued on

7 September, which now look like they may be wrapped up in AP5; the extension to the

green tunnel at both ends – that’s the second proposal – the third is a bored tunnel; and

the fourth is a mined tunnel. They’re the various options. In each case the actual cost

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under each heading should be entered into so that the cells, if we go to the bottom, at the

bottom of the first column, highlighted in yellow, should all have numbers for the

amounts relating to the respective costs for the green tunnel option. So the rail systems

associated with the green tunnel and the indirect costs, etc. And then the equivalent

numbers for the various other options.

261. Turning to the specific points that causes concern, and the reason for our view of

HS2’s cost information, on 21 August HS2 advised by email that the 3.955 kilometre, or

4 kilometre tunnel, would cost £150 million or around £38 million per kilometre to

build. This has now been reaffirmed in a letter from Higgins to Lidington dated

something like 15 October which I got hold of late last night. So why is the latest cost

information in the mined tunnel costing £332 million as shown in the top row of this

spreadsheet; more than double at £83 million per kilometre. So if you go to the top of

this spreadsheet. This figure here. So in a letter by Higgins to Lidington it says

£150 million; why does it say £330 million there?

262. CHAIR: So essentially, to protect the church, you want a deep bore tunnel past

Wendover?

263. MR AVERY: If we get right to the end of it, yes. But what I also want is for the

decision for you to have and for us to have the right information that we can trust as the

relative costs. So if then subsequently you decide for a £150 million, say, it’s not worth

having a bored tunnel under Wendover we know that we’re looking at the correct costs

and obviously if that’s what you decide then that’s what you decide and we’ll have to

accept it. But at the moment, if you make a decision based upon this information, I will

be absolutely furious because I believe this –

264. SIR PETER BOTTOMLEY: Essentially you’re saying can we please hold in

mind that it might be 150 or it might be 300.

265. MR AVERY: I think we need to –

266. SIR PETER BOTTOMLEY: Is that a summary of what you’re trying to put into

our minds?

267. MR AVERY: Yes.

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268. SIR PETER BOTTOMLEY: Okay. Well then you can jump over the next two

bits.

269. CHAIR: Otherwise you’re going to get no witnesses in. With the numbers

you’ve got, you have more witnesses than any other petitioner we’ve had in two years or

18 months.

270. MR AVERY: I take your point. If I was going to actually roll up everything I

was going to say in the next items here, potentially the extra value would be £70

million. So the range is very wide that we want to get to the bottom of and trust.

271. If you go to the next slide. So that basically summarised the point we’re trying to

get to, which is that we’re looking for comparable costs across the whole stretch.

272. SIR PETER BOTTOMLEY: You’ve proposed to write a letter to us?

273. MR AVERY: Yes, I’ve proposed to write a letter.

274. SIR PETER BOTTOMLEY: Okay, fine.

275. MR AVERY: If I could write a letter to you which wraps up everything I’m

saying that would be good.

276. SIR PETER BOTTOMLEY: Good.

277. MR AVERY: Thank you very much. In which case I will jump to slide 19,

please. One or two observations on HS2’s response to our petitions. This is our view

that LOAELs and SOAELs ignore reality. The application of average sound level

readings by HS2 is totally rejected by us. Each train passage is a short burst of

extremely loud noise and I’m sure you’ve heard all this lot before –

278. SIR PETER BOTTOMLEY: If we said ‘yes’, could you not repeat it?

279. MR AVERY: Yes.

280. SIR PETER BOTTOMLEY: We have heard it before so you don’t need to repeat

it.

281. MR AVERY: What I will say is my analogy is that it’s like a vice and a hammer.

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A constant noise like a motorway is like sticking your thumb in a vice and turning it up

and feeling the pain. You can put up with it. But HS2 is like hitting your thumb with a

hammer every 90 seconds. And that’s the big difference. The result is that people in the

churchyard will have to stop talking every 90 seconds or shout, and why should this be

tolerated or expected when there is a perfectly good solution?

282. I’ve mentioned that HS2 has not complied with Paper 10, Paper 120 in table 2,

appendix B, which I know has been referred to many times before. And I was going to

refer to the exhibiting pack in relation to our own petition of 903 where I find the

readings unbelievable. My prediction is that the HS2 will be clearly audible and the

situation at our own house will be in excess of table 2 of appendix B of Paper 120.

Perhaps in the interests of time I will also put that in the letter.

283. The point is there is a weakness in relaying on free air measurements, and taking

into consideration the prevailing wind that’s applicable to St Mary’s and Wendover.

Therefore, as already mentioned, we believe the noise assessment undertaken and its

likely conditions and the best way to undertake these into account is to add 5 dB.

284. With regard to the construction responses, and given my construction background,

many of the words are very familiar and point us to all the various legislation and

regulations that people are supposed to adhere to. The standard is best practical mean,

which as I proved in relation to the use of the materials is essentially easily worked

around by contractors; so only fixed measurable targets will work, which I mentioned in

our ask at the end.

285. I’d just like to say we’re not against infrastructure investment and growth in the

north; indeed, we welcome it. However HS2 is of no benefit to us; just a cost and

burden that we and future generations along the route, and in particular Wendover, will

have to bear forever.

286. Next slide. I thought it would be useful to comment on planned AP proposals. I

know we’ll get a bit at it formally later on. But we’d already gone through the exercise

when a letter from Roger Hargreaves to you on 29 October came out based upon the

information that was issued on 10 September. The only costing information is a lump

sum difference between what’s proposed and the bored tunnel of £292 million, which is

another different figure from the figures presented in slide 17.

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287. I can skip the next bit because there’s another interesting cost anomaly which I’ll

refer to in my letter.

288. The proposals issued by HS2 on the 7th portrayed an unnecessary and ugly

structure for the extension of the green tunnel. Since the internal height of the green

tunnel is 8 metres, it ought to be possible to restrict the total height of the structural part

of the extension to 9 metres, not the 10 proposed by HS2. This is only 3 metres higher

than the proposed sound barriers which will in themselves be an eyesore for most

aspects and not easily disguised. Also, there are many ways to disguise the tunnel by

adding a green roof and building the ground a metre to either side of the tunnel walls to

create a long moraine which, in time, would be covered in vegetation and blend into the

landscape to a greater extent than the exposed railway.

289. It is disappointing that some of the ideas put forward by Brian Thompson in his

evidence on 14 July have not been taken on board which demonstrated that there was an

acceptable way to develop extensions to the green tunnel that need not be an eyesore in

the same obvious way illustrated by HS2, clearly aimed at scaring off the locals.

290. It is disappointing also that St Mary’s Group were not consulted and what has

really happened is that HS2 appear to be telling us what they think is in our best

interests. The proposals will not work unless the green tunnel is extended at least to the

viaduct. The suggestions set out in Mr Hargreaves’ letter of the 100 metre extension

would have minimal impact.

291. If we have a look at the next slide, this shows why it won’t work. And I’m a

builder, not an architect or draftsman so please excuse the slightly simplistic

presentation. This shows the line of sight from a catenary system which is not protected

by the 6 metre high acoustic wall. And so the noise of the catenary system will over sail

the wall and the intervening land so there is no benefit to the churchyard or the church

itself. So the top line is the level of the church, which is 10 metres high, and the bottom

line is obviously just drawing a line so that that means that this noise from the catenary

system is going to go straight across the landscape, missing out all the barriers and will

make no resultant difference to the church.

292. So it won’t surprise you to learn that we don’t accept the predictions in table 4 of

the HS2 exhibit P10300(2) issued to Wendover Choral Society which implies a 6 dB

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reduction in the peak levels.

293. We will be happy to work with HS2 to come up with an optimal solution if the

Select Committee declines our preferred solution, namely a Wendover bored or mined

tunnel.

294. That’s a bit of a rocket through what I was going to say but if I can, as you accept

the offer, write all the cost stuff into a letter to you then we will be happy with that. So

it’s now the turn of our witnesses to say a few words. If I could ask if we could just

have slide 22 briefly.

295. CHAIR: Yes. I hope you can all be succinct.

296. SIR PETER BOTTOMLEY: I suggest you move slightly just so you’re not off

the television. We don’t want to have just your good side.

297. CHAIR: Are you just going to read a statement or use the slides?

298. MR DEARNLEY: Yeah, I’ve got a statement.

299. MR AVERY: Well, you’ve seen the list of the people. Sorry, I forgot this slide.

This is the witnesses: two from each of the organisations. So if we could now go to

slide 14.

300. MR DEARNLEY: Just basically a few words on my observations about the

importance of wellbeing and balance to life. And, for the sake of this, I’m referring to

an incident. We’ll call him ‘Joe’ – not his real name – sat on a bench in the churchyard,

his shoulders dropped and his gaze fixed to a spot by his feet. His demeanour conveyed

a weight almost too great to bear and his face spoke of restless nights and weary days.

‘I just need to breathe,’ he said, ‘and I can’t seem to do that without crying.’ I’d buried

Joe’s wife a week ago, her death marking the end of a long struggle with cancer. Joe

visited the churchyard each day. Painful as it was, I could see that this place of solace

and of memory, this bittersweet patch of God’s acre, was where Joe was slowly finding

the means to breathe again. Amidst this mix of symbols of our mortality and signs of

life in this habitat of nature, we sat and talked. There’s no doubt that whatever our

experiences in life, whatever stage we are at, we all need places where we can pause to

breathe.

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301. MR AVERY: Slide 23, please.

302. MR DEARNLEY: For centuries, St Mary’s Wendover and its environs has been

such a place. It has silently witnessed and held residents and visitors in times of trouble,

grief, change, fear, war and celebration, from birth and baptism to life’s end with mortal

remains being laid to rest. This significant landmark and location remains the means by

which countless people find the space and tranquillity needed to rebalance life again.

303. I know this is not just true because of the people I’ve had the privilege of meeting

in the course of my ministry, but because of heartfelt comments written daily in our

visitors’ book. And these following slides over the next few comments come from our

current book. However, I have no doubt that if such a book existed in 1260, 1360, 1460

and so on, we’d be noting similar sentiments. You can see from these comments that

people in different contexts write appreciatively of what they find here and, importantly,

there’s no distinction made about who this place is for: all are welcome. The need to

find balance in life is common to us all and I, for one, am delighted to note that a wide

cross-section of society finds solace, solidarity and safety at St Mary’s.

304. I believe HS2 could destroy this sense of peace and tranquillity that so many find

essential in rebalancing life. Clergy having to shout at burials in order to be heard above

the noise of regular passing trains not only conveys a lack of respect and dignity but also

emphasises the loss of the peace and tranquillity which is so vital in these times of

change and these rites of passage.

305. Similarly, the healing aspect of quiet moments in church would be undermined by

HS2. The relentless busyness of life, with its demands to keep moving, to face the next

set of challenges, is made real by the repetitious passing of high speed trains. I believe

this is detrimental to our need for balance and space. These essential qualities currently

free to access within and around St Mary’s would be lost forever if HS2 proceeds

without appropriate mitigation.

306. Finally, Joe still visits the church and churchyard. He attends his wife’s grave and

enjoys some quiet moments of reflection. And when it’s raining he’s pleased to be able

to do that in church. His life will never be the same as it was but is looking better now.

He looks like he’s find the means to breathe a bit more deeply and I’m delighted that the

specialness of St Mary’s has played a part in that process for him.

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307. CHAIR: Thank you.

308. MR AVERY: Thank you, Mark. And now I’d like to ask Sophie Maggs to come

forward. Apologies in the next slide for missing a ‘P’ off your name. And to ask you to

tell us about the club that no-one wants to join.

309. MS MAGGS: Although know to us beforehand through school carol services and

friends’ weddings, the significance of St Mary’s Church in Wendover changed

following the sudden death of my 36 year-old husband, Daniel, in October 2012. No

longer was this the place Dan visited to peacefully reflect on his old school friend, Tom,

who had died six years earlier. No longer was this the place we came to proudly support

our daughter in her harvest festival. St Mary’s took a whole new meaning to both

myself and our two young children, aged 10 and 8. We too had joined the club no-one

wanted to join.

310. Tom had died suddenly whilst travelling in Australia. Dan would often visit the

churchyard, taking comfort in being able to come and talk with Tom whenever he

wanted to take time out away from things. The opportunity for quiet reflection was

something he regularly appreciated.

311. When someone dies, there are many awful decisions that have to be made but

Dan’s connection with St Mary’s made some of them very clear. St Mary’s would be

the place where his funeral would be held and St Mary’s would be the place where his

ashes were interred. They were obvious choices.

312. The church office allowed us to reserve a space for his ashes so they could be near

to Tom as possible for nearly a year before we were able to inter them. We visited

regularly, allowing the children to feel comfortable with the location and helping them

where we could in the maze of confusion they were experiencing. St Mary’s offered the

serenity and tranquillity that you so desperately crave when your world has been turned

upside down.

313. Standing by the plot a week before Dan’s birthday, and the first since his death,

we let his ashes be laid to rest in the ground. With Mark there, there were just 10 of us

there that morning. Though the gravediggers stood respectfully at a distance, there was

no-one else, nothing else and no other noise. No-one heard our precious goodbyes.

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Nothing took away this private moment that we shared together. Nothing else

interrupted the moment that you so desperately need when grieving.

314. St Mary’s Church continues to offer both myself, the children and Dan’s family

the place where we can come, feel comfortable and it allows us to feel connected to him.

His sister visits often with a nephew and niece Dan never met. His nephew, at three

years old, already understands that Uncle Daniel is there. And as we enter the grounds

we all feel a sudden sense of calm and we find peace knowing that Dan too found solace

in St Mary’s.

315. Please don’t let HS2 take this away from us and other families, some of whom

may not even have joined the club yet.

316. CHAIR: Thank you.

317. MR AVERY: Thank you, Sophie. And now if I could move on to slide 31 and

Wendover Choral Society, and starting with Peter Bassano. If you’d like to come

forward, Peter, and say a bit about yourself and as briefly as you can. Tell us why

St Mary’s is so important to you.

318. SIR PETER BOTTOMLEY: Are you alto or tenor?

319. MR BASSANO: I could give you a demonstration if you like. This room’s

harmony is a B flat. I’m Peter Bassano. I’ve been the music director of Wendover

Choral Society for 15 years. I’m currently music director of the City of Rochester

Symphony Orchestra, City of Cambridge Brass Band, and I’ve been a former music

director of the Oxford University Sinfonietta, the Oxford Touring Opera, and been guest

conductor at the Helsinki Philharmonic, the Royal Philharmonic, State Symphony

Orchestra of Mexico and many other international orchestras and choirs.

320. Next slide, please.

321. CHAIR: Are we one of your smallest audiences?

322. MR BASSANO: No, not at all. I once performed at Carnegie Hall, Dunfermline

at there were two men and a dog. Wendover Choral Society, which was formed over

50 years ago, has in recent years established a reputation as an organisation that

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promotes concerts with professional orchestral accompaniments of a formidably high

musical standard at St Mary’s Church. We have a loyal, enthusiastic and expanding

membership and a similarly exercised audience and our concerts are all well attended.

323. Sir Thomas Allen has been the choir’s patron for more than a decade and showed

his support for us in the most practical way he could, coming to Wendover where he

sang Don Giovanni pro bono. Leopold de Rothschild, chairman of the council for the

Royal College of Music, was until his death three years ago the choir’s president. In the

sphere of classical music, people of this eminence do not associate themselves with

anything other than first rate performance.

324. The choir’s repertoire spans more than 500 years with Byrd, Gabrieli, Britton,

Tavener in the modern era with Bach, Handel, Mozart, Vivaldi representing composers

in between. What all the music that these composers have written has in common is the

use of silence, complete silence, to make the dramatic moments of the music at its most

effective.

325. Next slide, please. There are many examples of what I’m talking about. So you

know precisely what I’m talking about. At the end of the first chorus, ‘And the glory of

the Lord,’ before the final rhetorical hath spoken it there are a crucial two or more

seconds of silence. Without complete silence, Handel’s genius is mocked. I cannot

think of any music we have ever performed where there aren’t moments like this when

complete silence is essential for its full appreciation. In the performance of great music,

there are no compromises to be made.

326. The choir engage young singers from the Royal Academy of Music and the Royal

College of Music. We are keen to nurture budding artists and we have given many now

well established opera singers some of their first opportunities.

327. Next slide, please. Pumeza Matshikiza, the Decca recording star who emerged

from the poverty of a South African township, sang with the choir 10 years ago.

Ben Johnson, winner of the audience prize in the BBC Cardiff Singer of the World

competition in 2013 and, most recently, the Austrian soprano, Christine Gansch, winner

of the Ferrier Prize in 2014, were singers of the Wendover Choral Society and has

helped achieve professional success. Without exception, all of the soloists say how

much they enjoy getting out of London and coming to work in the peace and tranquillity

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of St Mary’s.

328. The recent refurbishment of St Mary’s makes it a perfect concert venue. Its

position away from any intrusive traffic noise means that it possesses what you might

call a rarity in modern life: a tranquil and peaceful spot with only the sounds of nature

outside and total silence inside. From the performers’ point of view, the acoustic is

warm and friendly but not over-reverberant. The fabric of this historic building is

attractive and welcoming. This is particularly true in the realisation of renaissance,

baroque and classical choral music most of it was originally written for churches like

St Mary’s. The removal of the pews, replaced with cushioned chairs and benches,

means that the church has a great flexibility as a performing space. St Mary’s can

accommodate a baroque or classical orchestra, brass ensemble or a wind band. The high

tech overhead projector means that if I need to show images, as I did in Venice at a

Christmas baroque concert, it can be professionally achieved.

329. As well as performing at St Mary’s, the choir rehearse there too. This is

particularly useful for the choir and for me because you’re completely familiar with the

acoustic. We feel at home and we are comfortable working there. Many members of

the choir live in Wendover and can walk to St Mary’s from their homes. There is no

other suitable venue in Wendover with or without the facilities that I referred to for the

choir to use to promote its concerts. If the request for the mitigation of noise at the end

of St Mary’s petition are rejected by HS2 and this Committee, I fear that the subsequent

demoralisation of the choir will precipitate its demise and ultimate failure. Thank you.

330. CHAIR: Thank you very much indeed. Right, next one.

331. MR AVERY: Thank you, Peter. And if I could have slide 35 and

Neil Duckworth to come forward who will say a few words.

332. MR DUCKWORTH: Thank you, gentlemen. I shall be very brief. My name is

Neil Duckworth and I’m the chairman of the Wendover Choral Society and I’m in the

bass section as well. I’m just going to outline why I think that without mitigation this

line will possibly lead to the end of our choral society.

333. It’s a thriving society and, as Peter said, it has been here for over 50 years and we

have over 62 members. Our finances are quite fragile and if this goes ahead it will be

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affected. How will that happen? Concerts and rehearsals will be impossible at

St Mary’s Wendover, as I think Peter has just outlined now, which means we’ll have to

relocate. We’ve investigated possible alternatives and there’s nowhere really in

Wendover. Out of our 62 members, over half of them live in Wendover and walk to the

church. If we did have to relocate, it would be outside Wendover. That would result in

us losing our Lionel Abel-Smith Trust grant and probably over half our members which

would mean essentially the end of our choral society. And that is the summary of my

petition.

334. CHAIR: Thank you very much. We have Martin Thomas next?

335. MR AVERY: Yes, Martin. And slide 36.

336. MR THOMAS: Good afternoon, gentlemen. Yes, I’m Martin Thomas and I’m

treasurer of the Wendover University of the Third Age. We delight in holding our

monthly meetings in the peaceful setting of St Mary’s. Perhaps I should first explain

briefly what the U3A is.

337. SIR PETER BOTTOMLEY: Please don’t; we all know. We are all Members of

Parliament.

338. MR THOMAS: I‘m very pleased to hear it. So in Wendover we have got 400

members. We hold a general meeting there for all comers once a month. We regularly

have between 170 and 200 members at that meeting so a big space is needed. The

biggest in Wendover is St Mary’s. We’ve explored the possibility of others outside

Wendover: the Waterside Theatre in Aylesbury; the rugby club in Weston Turville, etc.,

but none proved feasible.

339. So that monthly meeting is only a part of what the U3A is about. It’s a vital part

when we come together but U3A is a forum for members to share educational, creative

and leisure activities. Any member may set up an interest group and we’ve got some 50

of them –

340. SIR PETER BOTTOMLEY: We’ve all got U3As in our constituencies.

341. MR THOMAS: And about 20 of our groups meet in St Mary’s.

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342. SIR PETER BOTTOMLEY: That’s worth saying but the rest is not necessary,

please.

343. MR THOMAS: So, all in all then, some 300 to 400 members of the U3A visit

St Mary’s each month. They value not only the peaceful walk beside the stream and

along the Heron Path to St Mary’s but also the calm and quiet setting of the building

itself. The matter of 200 of us filling St Mary’s brings to mind an aside heard to be

made by a member of the visiting Committee in June. The comment was along the lines

of: would that the church was this full on Sunday. Well, my point in mentioning this is

to reinforce that the building has all these other uses; many, many visitors.

344. During the construction phase of HS2 as proposed, the prevailing wind being

where it is, the work will make the walk to St Mary’s noisy and by turns dusty and

muddy; and St Mary’s will be equally noisy and dusty. And after construction the peace

and tranquillity of the area will be lost for good.

345. So Wendover U3A’s request is that if a fully bored long tunnel is not to be

constructed, as appears the case, then we wish for the next best thing: a mined or bored

tunnel past Wendover and St Mary’s. This would preserve the tranquillity of St Mary’s

and its surroundings and enable the older generation of Wendover and around – or, so

far as this petition is concerned, those who are members of the Wendover U3A – to

enjoy the Wendover they know, love and value so much. So, to put it in a nutshell,

those of the older generation whose petition this represents say ‘get it right and do the

job properly’; make sure that HS2, as it passes Wendover, is not something which

people will look at for the next 100 years and say ‘what an eyesore’. Please, make it a

mined or bored tunnel past Wendover. Thank you.

346. CHAIR: Okay. Thank you very much, Mr Thomas.

347. MR AVERY: Next slide. Thank you, Marion.

348. MS ELWOOD: My name is Marion Elwood and I’m a member of the U3A. I

can’t begin to think how many times you’ve heard words to the effect that we live in a

beautiful part of Britain. We do live in such a lovely place and we are passionate about

wishing it to remain so. You’ve heard about the surroundings of St Mary’s Church. So

beautiful. A joy in all seasons with the trees and the views of the trees. We need

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tranquil green places to enjoy around our homes. It’s good and so important for health,

both in mind and body.

349. Our problems are noise – continuous noise – from the flow of trains. Interruptions

will be, of course, in the church. When you hear a clock striking there’s a tendency to

anticipate and count each one. As the sound of each HS2 train passes, I feel there will

be a similar tendency to count the next train to hurtle past. At least with the striking of a

clock the maximum count is 12.

350. Screening of the railway and along the road will deflect the noise but the

structures will be unsightly and open to abuse by graffiti artists along the road

especially. Who would then be responsible for cleaning? All this in an area of AONB.

A mined or bored tunnel is essential to improve the situation. For such an enormous

project to be forced upon us, we need to be satisfied that everything possible has been

done to protect our environment and we could then continue to live in a peaceful and

beautiful part of Britain.

351. CHAIR: Okay, thank you. Helen Blakeman?

352. MR AVERY: And now if we could just, before Helen Blakeman, I’d just like to

read out a short few words from Ian Partridge who is the patron of Wendover Music.

‘St Mary’s Wendover is unusual in several ways. Firstly, it is tucked away from the

main road and rests serenely from the noise of traffic. It has been shown to be the

perfect setting for inviting international musicians to perform great works in – another

of its great advantages – a beautiful acoustic. From this unique hub, music lovers from

a wide circle gather to hear the very best that the world of music can offer. It is

wonderful to have this gem that brings such pleasure to the local community, giving it

the opportunity to hear the very best without the ordeal of travel and cost of a London

venue. Whenever I have spoken to artists, they have expressed delight at the quiet of

this venue and the enthusiasm and noise of the audience.’

353. And then next slide, please.

354. MS BLAKEMAN: Helen Blakeman. Good morning. I was the county music

advisor and Head of Music Service for Buckinghamshire for 20 years until 2012. I’ve

been a resident in Wendover for 40 years and I’m a parishioner at St Mary’s and a

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long-time subscriber to Wendover Music.

355. Wendover Music presents, year on year and for the past 20 years, a series of high

quality professional concerts for the local and wider community. The organisation is a

registered charity with a significant educational remit. This is demonstrated in different

ways, in the programming of the concerts, through the way in which the artists introduce

their performances and communicate with the audience, and taking account of the

intention to attract younger members of the community through concert pricing

structure: young people can attend just for £1.

356. Artists at the highest calibre commit to perform at St Mary’s because of the

exceptional quality of the acoustic and performance environment. They respond to this

unique setting and set out to establish a direct relationship with the audience members.

They introduce their chosen pieces of music interestingly and enhance the understanding

and enjoyment of those attending.

357. As a consequence, Wendover Music has an established, enthusiastic and informed

clientele of concert goers who return season by season because of the quality of what is

on offer and to broaden their horizons. Audience members talk about special music

experiences at the concerts given in our setting. In your own village, to be able to sit

just yards away from nationally and internationally renowned artists, including young

artists who are just exploding in reputation onto the concert scene, is a huge excitement.

To talk to performers, to get a signed CD, to look at the national press and see an article

about a player who was last week in Wendover – these things demonstrate just how

special Wendover Music is.

358. Our patrons, recognising the value and uniqueness of these concerts, support the

organisations with additional funds. This enables Wendover Music to bring the best

into the community and the church. It means that the organisation doesn’t need to

compromise over its ideals. The range of talent and music repertory brought to the

community over the past 20 years through these concerts demonstrates this.

359. Why is it so successful? The best international musicians are inundated with

performance invitations. That Wendover is able to attract such fine and diverse

performers is testament to the setting provided by the church and its acoustics and the

emotional reward visiting artists experience in performing for our audience. There is no

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comparable venue in the immediate vicinity or the wider vicinity. Many concert goers

are unable to travel to more distant venues because of the cost or physical ordeal, and

Rosanne Adam will say something more about that in a moment.

360. The work undertaken by the community that you’ve heard about and the church in

refurbishment has brought about a significant increase in requests from other

organisations, other concert goers, wishing to perform in the extraordinary setting which

is our ancient church. And an expanding range of fine concerts in a variety of genres is

meeting the needs locally of different audiences, often doing significant good for the

charitable organisations they support.

361. This expanded profile of music making in the community has become possible

because of the sympathetic performance environment and facilities within St Mary’s

accomplished by the refurbishment programme. Sometimes performances are robust,

raising the rafters; on other occasions they are of the most subtle and reflective. What

matters for all is that comprehensive and sufficient mitigation in terms of the impact of

HS2 on the church ensures that this extraordinary music making can continue. Without

that, it will be lost. Thank you.

362. CHAIR: Thank you.

363. MR AVERY: Thank you, Helen.

364. CHAIR: Right, Rosanne Adam?

365. MR AVERY: Slide 39, please.

366. CHAIR: Welcome.

367. MS ADAM: Thank you.

368. MR AVERY: Carry on, Rosanne.

369. MS ADAM: Well, I’ve cut it considerably.

370. CHAIR: Well done.

371. MS ADAM: You’ll be thankful. Many aspects to this matter and you’ve heard an

awful lot of them. But one is that there is no benefit to Wendover or its environs at all

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from HS2 as far as we can see it.

372. Helen has told you about Wendover Music so I won’t enlarge on that, but nearly

all our concerts are sold out and it would be an unnecessary loss to so many of us if this

had to be abandoned because of HS2. Quite a number of those who attend, who would

love to be able to access concerts in London – and I’m one – simply find the hassle of

getting there and home again too much for them, particularly at night. The joy therefore

of being able to attend a concert given by internationally renowned artists in the perfect

acoustic of St Mary’s is hugely important to the less able in our community.

373. I’m also representing the Friends of St Mary’s, a charity which my late husband

helped to found, and which is concerned with raising funds from as wide a number of

people in the community as possible, churchgoers or not, to support the upkeep of the

fabric of the church. And it enables an awful lot of people to feel that the church

belongs to them and they don’t necessarily have to be church goers to do so. And one of

our great worries is what damage the constant vibration may do to the fabric of the

church.

374. The cost to HS2 of tunnelling through chalk – an easy medium compared to solid

rock – to bypass Wendover altogether cannot be impossibly different from that of

tunnelling a shorter distance and building what is a rather ugly bridge for that particular

site, although it may seem more attractive in an attractive setting. Moreover, much of

the cost could be offset perhaps by selling the chalk which has been excavated

deliberately for many years at Chinnor and Cheddington. Nearly all the disturbance to

people’s homes and daily lives from the construction could also perhaps be averted.

375. We’re not asking the impossible. We’re not NIMBYs. The money involved

would be money well spent in the preservation of things that matter in this country.

Many people come out to Wendover from London just because it is peaceful. It’s also

on the Ridgeway and they can walk and enjoy our hills and countryside. HS2 would, at

a stroke, spoil all that. Please give us our full length bored tunnel. Thank you.

376. CHAIR: Thank you.

377. MR AVERY: Thank you, Rosanne. Thank you very much. I trust you realise

that we’re fighting for the survival of a unique jewel that has a special place in the hearts

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and minds of the people of Wendover. So, without further ado, let me summarise and

present our asks. So if we could have the next slide, 40.

378. SIR PETER BOTTOMLEY: If you’re going to the asks, maybe 41.

379. MR AVERY: I was going to go to 40 first.

380. SIR PETER BOTTOMLEY: I don’t think there’s anything there that we haven’t

heard. If you want to have 40, you can.

381. MR AVERY: I’m just reading it.

382. SIR PETER BOTTOMLEY: You’re reading 41.

383. MR AVERY: I’m just reading 40.

384. SIR PETER BOTTOMLEY: Are you? The screen is 41.

385. MR AVERY: It’s 41? If you wouldn’t mind going back to 40 just for a minute.

386. SIR PETER BOTTOMLEY: We’ve heard that from you.

387. MR AVERY: You’re a much faster reader than I am. Let’s go to 41. Thank you

very much. Which I had nothing actually to add to the words written on the screen. So

it’s quite clear that obviously we would like the long tunnel as our preferred option but

we accept that at the moment that’s off the table. So the next best is the 4 kilometre

long tunnel, the extended green tunnel, or get AP5 right, etc.

388. SIR PETER BOTTOMLEY: And the essential point is the church matters, the

activities of the church matter and you don’t want us to think that £300 million should

be testimony; it should be £150 million or possibly even £70 million.

389. MR AVERY: Yes. And it’s the church inside and outside that matters.

390. SIR PETER BOTTOMLEY: We got that.

391. MR AVERY: Thank you very much.

392. CHAIR: Thank you very much. You got through a lot of witnesses and a lot of

evidence very quickly; well done. And we’ll hear the promoter’s response at 2 o’clock.

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Thank you. Order, order.