From: Chris Down <chrisdown@morespeed.net> Sent: 08 November 2012 08:18 To:
Drury Chris Cc:
Bent David; Palmer Clare Subject:
RE: Hope Cement Works PFA Application Dear Chris, My thanks for this explanation. Indeed, the matter of the parties will require discussion, and I shall start that process off now. Regards, Chris acting National Planning Manager Lafarge Cement UK Ltd Tel: 01788 833381 or 07850 766281 From: Drury Chris [mailto:chris.drury@peakdistrict.gov.uk] Sent: 07 November 2012 18:36 To: Chris Down Cc: Bent David; Palmer Clare Subject: RE: Hope Cement Works PFA Application Dear Chris Hope Cement Works PFA Application NP/HPK/0612/0655 Proposed Section 106 Agreement Many thanks for your quick reply. I am also responding quickly because I am out of the office after today until next Monday. I am in full agreement with your comments. However, I have already completed the framework / preliminary clauses of the draft Agreement. I have also done some work on the obligations as well, and (amongst other priorities) will be prioritising further work on this next week. I am  still considering some possible additional measures for mitigating / reducing the impact of night time rail movements and the number of branch-line transits which we can discuss in due course. As soon as I have a completed schedule of draft obligations (which effectively would mean a completed draft Section 106 Agreement) I will send you (and our Legal Services) a copy so that we can meet and hopefully progress the matter. Whilst accepting that the parties to the Agreement may change I would advise you that in my current draft they are Lafarge, Freightliner, Network Rail and this Authority. I have come to the conclusion at this stage that it would be essential to include both statutory railway undertakers. This is because (as I understand it) whilst Freightliner Heavy Haul Limited is the Freight Operating Company that exercises control over the timing of freight train (locomotive and rolling stock) movements between the Hope Valley main line railway, Earles railway sidings and the Hope Cement Works railway branch-line, it is nonetheless the lessee of the railway land; whereas Network Rail Infrastructure Limited is the Network Operator who is the owner of the railway land responsible for the operation and maintenance of the mainline and associated network infrastructure and estate (including Earles sidings, the railway tracks and signalling systems) with control over the operation and timing of passenger train movements. Therefore, whilst obligating Freightliner to use its powers in fulfilment of its undertaking (for the haulage of freight trains, shunting, marshalling and stabling and related and ancillary services) to enable Lafarge to observe and perform its planning obligations without hindrance or obstruction (except in defined exceptional circumstances), it is also considered necessary to obligate Network Rail to use its powers in fulfilment of its undertaking (for the operation, maintenance and development of the main network infrastructure and estate including the setting of timetables and allocation of capacity) to enable Lafarge to observe and perform the planning obligations and to enable Freightliner to comply with its obligation. I trust that you understand my reasoning on this matter but it can be discussed. I am advising this now as it may be a matter that you need to discuss sooner rather than later with Lafarge and as appropriate the respective rail operators. I will communicate again when I have the first draft obligations complete. Kind regards Chris Drury Senior Minerals Planner Planning Service Peak District National Park Authority Telephone: 01629 816292 (direct line) Mobile: 07890 274643 Fax: 01629 816310 E-mail: chris.drury@peakdistrict.gov.uk From: Chris Down [mailto:chrisdown@morespeed.net] Sent: 07 November 2012 15:59 To: Drury Chris Cc: Bent David; Palmer Clare Subject: RE: Hope Cement Works PFA Application Dear Chris, Thank you for these comments which have almost crossed with an email I was preparing to send to you. With regard to the title information and its geographical extent I shall have to take advice, which I am doing today. However, apart from the specific points you raise, the general process of preparing for the divestment of Hope may raise other legal points. None of those will affect the central commitments, but (as I foreshadowed earlier) the parties to the s.106 may need to change. I do not have definitive information on this matter, but it will be communicated to you as soon as possible. Therefore, I would not be inclined at this stage to go too far down the line of drafting the pure legalities. If I might suggest it, our efforts at present might best be directed to defining the obligations to be included in the agreement. The application contained a list of possible topics and the consultation process has identified another one: the short length of coal trains that can be handled and the implications of extending the coal sidings. You have indicated that you have further thoughts on the obligations. You will understand that potential purchasers are keenly interested in the s.106 obligations and the planning conditions which might result from this application and therefore I feel it would be helpful to arrange to meet with you sooner rather than later, to explore these. From your web site it appears that not all statutory consultees have yet responded, but (without disrespect to them) those absentees are not likely to make representations seriously affecting the substance of any agreement and conditions, at least in respect of rail use. Thus, I think we have the key responses to hand and are now in a position to discuss them. The divestment and future ownership of Hope is not a planning matter per se. Nonetheless, it clearly is of great commercial import and thus has to potential to give rise to topics of planning importance. If we were able to meet in the next week or two, that would be enormously helpful from my point of view. Regards, Chris acting National Planning Manager Lafarge Cement UK Ltd Tel: 01788 833381 or 07850 766281 From: Drury Chris [mailto:chris.drury@peakdistrict.gov.uk] Sent: 07 November 2012 13:41 To: chrisdown@morespeed.net Cc: Bent David; Palmer Clare Subject: FW: Hope Cement Works PFA Application Dear Chris Hope Cement Works PFA Application NP/HPK/0612/0655 Proposed Section 106 Agreement I am drafting the framework of a Section 106 Agreement in relation to the PFA application and have been looking at the Land Registry documents submitted with the Section 106 Form and the submitted Section 106 Plan UKTD-HL189. My partly completed draft Section 106 Agreement currently states that: *         "The Applicant is the Owner of the freehold of the Land shown for identification purposes only edged blue on Plan 1" and for the purposes of the obligations defines *         "the Land" as meaning "the land registered at H.M Land Registry under the titles DY420239 and ???? being land at Hope Cement Works, including the Hope Cement Works Branch Railway Line and shown for identification purposes only edged blue on Plan 1" and *         "Plan 1" means a plan attached to this Agreement identifying land under the freehold control of the Applicant. The land Registry Certificate provided only refers to "The Cement Silos" in relation to Title DY420239 and in the absence of a Land Registry Index Map plan for this Title I am unable to determine the extent of ownership covered by this Title and if this is adequate coverage for the freehold ownership to be referred to in the Agreement. Also, Plan UKTD-HL189 does not show the full extent of the ownership between the silos and the railway branch-line junction with the main line / Earles sidings shunting track. For the purposes of covenants in the Agreement relating to the railway operations it would be necessary for Plan 1 to show all of the land in the ownership of Lafarge from the silos to the main line as shown on the supplementary drawing UKTD-HL204 dated and received from you on 27 September 2012. The question therefore arises as to whether there are Titles other than DY420239 relating to parts of this land which our Legal Services would also need to examine. I would be grateful for your clarification on this matter. As previously indicated when I have completed a first draft of the Agreement it would be appropriate to meet and discuss the contents. Kind regards Chris Drury Senior Minerals Planner Planning Service Peak District National Park Authority Telephone: 01629 816292 (direct line) Mobile: 07890 274643 Fax: 01629 816310 E-mail: chris.drury@peakdistrict.gov.uk Peak District National Park Authority, Aldern House, Baslow Road, Bakewell, DE45 1AE t:01629 816200 f:01629 816310 www.peakdistrict.gov.uk Twitter: @peakdistrict The Peak District: where beauty, vitality and discovery meet at the heart of the nation. --------------------------------------------------------------------------- This email is confidential, may be legally privileged and/or contain personal views that are not the Authority's. It is intended for the addressee. If received in error please notify us and delete immediately. 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