EXHIBIT LISTReference No: HOL/00039Petitioner: The Southam Area Action GroupPublished to Collaboration Area: Friday 03-Jun-2016

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SAAGSOUTHAM AREA ACTION GROUP

Locus Standi defence

Dr.Dan Mitchell C.Eng.

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Southam in context

• Located 7 miles east of Leamington Spa on the intersection of A423 and A 425

• Population - Southam area 9,000

• Growing rapidly – two large residential developments planned – another 8 in discussion.

• HS2 recognizes “ Southam is the main centre in the area for day to day services & facilities”

• It is also a key employment centre for our area

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Ground 1Engagement of standing orders

117(1) and 118

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Ground 2Legitimate Expectation

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Ground 3Fairness

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Ground 4Procedural Convenience

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SUMMARY

• Ground 1 Engagement of standing orders 117(1) and 118

• Ground 2 Legitimate Expectation

• Ground 3 Fairness

• Ground 4 Procedural convenience

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For the reasons set out above,Irequest that the promoter’s

Challenge to SAAG’s Locus standi be rejected

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SAAG Representing local Farm,Business and Homeowner interests This document explains the role of the Southam area action group whose name is more frequently abbreviated to SAAG. This group was formed in 2010, after the shock of the HS2 route announcement, to represent the population of Southam and its surrounding area ,to share information and seek a better outcome. SAAG members include homeowners, landowners, business owners including farmers, and others directly and specially affected by the proposed HS2. SAAG has worked closely with Southam Town Council, and from very early days there have been town councillors who have been members of its committee. SAAG has also worked closely with Warwickshire County Council and has formed strong working relationships with some of its councillors. We have had a WCC Councillor on our committee from the start. SAAG has also developed strong working relationships with its MP Jeremy Wright who is the Attorney General. SAAG helped publicise local meetings at which he spoke to enable Mr Wright to gain a better understanding of the issues and the depth of feeling HS2 was causing in his constituency and he asked us to organise a trip for HS2 Select Committee MPs through our area to include businesses and householders blighted by HS2. SAAG also has strong relations with the NFU, CLA, Engineering Institutions, CPRE and The Woodland Trust By sharing information from many sources amongst its members SAAG has helped individuals farmers, companies and Southam Town Council ( STC ) address issues in a more informed manner. It has also enabled SAAG to interact with HS2 staff in a meaningful way. SAAG has attended and contributed to the Community Forum meetings in Community Forum Area 16. SAAG has participated in the bilateral meetings in this area pushing forward issues that matter to homeowners, businesses and others. SAAG has also attended environmental, property, awareness and other meetings with HS2 engineers/staff to represent the local people and businesses directly and specifically affected by HS2. We have no doubt that Richard Nuttall formally, HS2 Petition Management Country North, will confirm that view. Following problems with the minutes of the first Community forum SAAG requested that future minutes be read back and agreed every 20 minutes. HS2 agreed and minute taking subsequently improved. 1.SAAG Committee The SAAG committee represents the people and businesses directly affected by HS2 in both the town and surrounding villages. There is a wide range of competencies covered by this group of experienced individuals and strong links to STC. 1.Chairman: Andrew Jamieson is a businessman and represents the Southam area business community 2.Vice Chairman: Dr Dan Mitchell is a chartered engineer and board member of

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AGAHST unanimously appointed 5 years ago to represent the 10 groups affected across Warwickshire. His main interest is the engineering problems and has worked with HS2 engineers from the start. 3. Bob Stevens is deputy leader of Warwickshire County Council and a retired Senior Navy Engineering Officer 4. Linda Tasker is a former Mayor of Southam and an environmental specialist 5. Dr Bransby Thomas is a retired University physicist and expert on both noise and infra sound.He served for many years on STC. 6. Steve Copley is a Southam Town Councillor and tunnel design engineer 7.Patrick Jenkins is a Southam Town Councilor and sixth former representing the young people in our area 8. John Lee is a local farmer badly affected by HS2 and represents the farmers blighted throughout our area. 9. Ken Clarke is a local householder close to the affected Industrial estate. 10. Jeff Smith is a transport specialist and fully understands the transport blight that HS2 will cause in our area during both the construction and operation phases. 11. Christopher Purser is a chartered secretary with considerable business experience and is both treasurer and secretary of SAAG 2.SAAG Activities Following a petition on ground vibration to the House of Commons in 2015 by one of our members, it was agreed that another possible win win situation should be discussed. This has been a help to both parties and the positive outcome is that extra bunds are being considered by the promoter which will mitigate noise for ten businesses west of the Long Itchington Wood tunnel. The quantity of spoil to be moved will be dramatically reduced which will lessen the traffic chaos from transporting spoil through the town of Southam and around our area. Dr Bransby Thomas, John Lee and myself, all SAAG members, represented our community and agreed with HS2 staff to be available for any future meetings. The minutes of this meeting are in Item 3 submitted with these documents We were subjected to bombshells at community forums from HS2 over the years e.g. the mention of holding ponds, workers camps, construction depots and auto transformer stations located without prior notification. SAAG requested advance notice of these problems, which again helped communication with the people specifically and directly affected. SAAG encouraged HS2 to hold meetings with landowners badly affected by the proposed route of HS2. SAAG helped Southam Town Council to write their Petition to the House of Commons and suggested we produce a joint SAAG + STC presentation to make better use of time in front of the Commons Select Committee. Again this was a win win situation for all parties. SAAG members have provided coaching and help to homeowners grappling with the difficulties of applying for the Need to Sell Scheme. Encouragement has been

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provided to Petition in the commons last year and to reapply after applications have been rejected. Avenues of support have been investigated by SAAG to help one homeowner who was seeking retrospective assistance having lost £200,000 on his house sale. SAAG was asked by Jeremy Wright MP to represent the Southam area businesses and individuals specifically and directly affected at a meeting with the Secretary of State in December 2014. SAAG represents STC at the regular Warwickshire County Council WCC HS2 meetings and all of the Jeremy Wright MP meetings for local people SAAG has used money raised from the local community and STC to advertise HS2 meetings to encourage better attendance. HS2 advertising was usually too late to be effective. As an example approximately 200 people attended the HS2 community meeting in October 2015, well beyond the original number expected. We received thanks from HS2 staff for this action. We believe we have very clearly demonstrated that we do represent and have represented the interests of those directly and specifically affected by the HS2 Hybrid Bill in the Southam Area. 3.Impacts on landowners and businesses We have listed some of the landowners in this area whose property will be directly impacted by the planned route of HS2. Farms cut in two, land that can no longer be sold for housebuilding and land that can no longer become part of the industrial estates. The following businesses are specifically and directly affected by HS2 along our section of the line and are represented by SAAG

Landowners From West to East through our area. 1. John Lee 60 acres 2. Derek Hiatt 340 acres bisected by the line ( west of the Long Itchington woods) 3. Our Bascote Heath ( Long Itchington ) SSI Woods 168 acres owned by Dallas Burston The twin tunnels pass under the woods and test boring will destroy areas of mature oak woodland. 4. Dallas Burston polo grounds 600 acres. 5. The Jim Darling trust 50 acres. 6. Derek Hiatt also owns 90 acres west of the Southam Industrial estate. 7. Janet Moore 360 acres. 8. Greenleaf farm shop and nursery 4 acres.

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On farm businesses from West to East specifically and directly affected by HS2 along our section of the line and represented by SAAG. 1. Ten businesses close to John Lees Lower Print farm including farmers,an equine centre, a steel fabrication business, builders and kennels. 2. Derek Hiatts holiday bungalow business. 3. His daughter Sandra’s Equine business. 4. His other daughter Sues Cattery. 5. The wedding barn at Ufton. 6. The Dallas Burston polo grounds. 7. Codemasters. 8. All the Businesses on the main Southam Industrial estate Approximately 90 businesses including Lazer tools ,Printplan,Masquerade,Southam tyres,Southam Country stores ,Avondale vets, Southam Windows, Building and Plumbing supplies, Austin Healey spares, the Post Office. 9. Sixteen businesses on the Banbury road Industrial estate including Priory plant hire and Stealth racing. 10. Greenleaf farm shop and nursery and the 4 businesses behind it including Warwick steel structures. The line passes directly through the garden centre and close to RVS Warwickshire garage slightly south of the Greenleaf farm shop and nursery. It is simply not possible for the Dallas Burston Polo Grounds to continue to operate once HS2 becomes operational. Polo ponies are very sensitive to noise. This was recently demonstrated to HS2 staff. The Tunnel portal would be one hundred metres from the grounds and horses would be completely frightened by the sudden high noise levels (boom) as up to 18 trains an hour exit the tunnel. Codemasters might well choose to move their operation away from Southam completely. HS2 would impact this business operation because of noise, dust and vibration generated by HS2. This company currently employs 400 people and the loss of so many jobs would badly affect Southam. Al-Ko manufacture commercial vehicles; this company, Southam Tyres, Southam Country Stores and many other businesses are situated on the south west edge of the Kineton Road industrial estate. These companies have a wish to expand. However none can do so as the open land immediately next to their businesses has been safeguarded by HS2 and therefore cannot be used.There is a possibility that Al-Ko will choose to relocate outside this area. By moving the route 600 metres away from Ladbroke due to lobbying by this tiny village HS2 made the line longer increased the cost by approx £200 million and moved it alongside the

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Southam industrial estate. There is now no possibility of expanding the business estate to the west or east of this area. Also on this industrial estate are two printing companies Print plan and Masquerade within 100 yards of the line. They are both concerned that the vibrations created by HS2 may interfere with or adversely affect their printing machines. BMW had similar concerns at their Hams Hall factory although in that case the specialised machines concerned are used for engine manufacture. Southam Agricultural Services will be affected by HS2 due to being too close to the line. Avondale veterinary practices, a major veterinary practice, will be adversely affected due to the loud noise made by HS2 trains every 1 minute and 40 seconds. The above are examples of all businesses that are specially and directly affected by HS2 in the Southam Area. It is not intended as a complete list. SAAG has worked with a number of them to understand their issues and raise them with HS2 staff, their MP or others as appropriate. HS2 is not just affecting these businesses but also the future employment situation in the Southam area. Over 900 jobs are at risk . 4.Impacts on homeowners - Sample in our area There is a cluster of homes in the Bascote Heath area to the west of Southam that are directly affected by the route of HS2. SAAG pointed out these affected homes to the House of Commons HS2 Select Committee MPs on their coach tour of this part of the HS2 route. Sir Peter Bottomley indicated his support for two of the homes to be accepted in the Need to Sell scheme and later backed the owners during their Petitions. These houses listed lie close to and above the proposed tunnel and many are concerned about the likely effects of vibration caused by the trains travelling at 360 kph. Of the Need to Sell scheme applicants, one has been successful and another has been rejected. The latter householder will reapply. SAAG have been very concerned about the Sharples who had to move from Bascote Heath due to serious health issues. SAAG has championed for them to be granted a retrospective payment to address the £200,000 loss they incurred on selling their house. Many people will have been concerned to see on television another couple from this community who admitted that the worry caused by HS2 had made them both suicidal. This is not intended to be a complete list of the homeowners affected. However those that have been listed do indicate that homeowners that have been specially and very directly affected by the proposed HS2 Hybrid Bill.

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SAAG organised the coach trip through our area for the House of Commons Select committee visiting homeowners, landowners and the Southam industrial estate. SAAG has offered to organise and act as guide if a similar trip is envisaged for The House of Lords HS2 select committee. Conclusion Our presentation and supporting evidence will have demonstrated very clearly that SAAG has represented and continues to represent the interests of people in Southam and the surrounding area with regard to the impacts caused by HS2. I believe that we have also clearly demonstrated that there are a significant number of businesses, landowners, and householders who are directly and specially affected by HS2 passing through this area. I would also like to point out that SAAG petitioned the House of Commons HS2 Select Committee on 26th January 2015. Our locus was not challenged. In fact all of the 33 action groups who originally petitioned the HS2 Hybrid Bill had their petitions heard.

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MEETING NOTE

Meeting Type: Bilateral – HS2 Ltd & Mr Lee, Dr Mitchell and Dr Thomas

Petitioners Represented: Mr John Lee (JL), Dr Dan Mitchell (DM) Dr Bransby Thomas (BT)

Meeting Date: 24 March 2016

Meeting Location: Lower Print Farm

Attendees Mr John Lee (JL), Dr Dan Mitchell (DM), Dr Bransby Thomas (BT)

Attendees – HS2 Ltd: Alex Cooper (AC), Area Petition Analyst Lee Fisher (LF), Country North Area Manager Phil Brewer (PB), Acoustics Specialist

Item Topic

1 Introductions – There were round the table introductions. The HS2 representatives explained their background and experience. The stakeholders emphasised their involvement in local groups and their previous experience with HS2 Ltd. Purpose of the meeting AC – Explained the purpose of the meeting was to discuss in more detail concerns raised by the Petitioners in the House of Commons Select Committee. In particular the concerns of Dr Mitchell about vibration affecting businesses in Southam Industrial Estate, those of Mr Lee about mitigation bunding and Dr Thomas’s about low frequency noise.

2 3.

Noise modelling JL - asked for a discussion about how the noise modelling for HS2 Ltd had been carried out. He wanted an explanation of why the Operational Noise and Vibration Impacts and Likely Significant Effects map (SV-05-044a) for his property, Lower Print Farm, showed his house as not being affected. PB – explained that HS2 Ltd is not saying that he would not hear the train from his property, but rather that the distance of his property from the line meant any affect would not be significant. His property is situated on the edge of the Lowest Observable Adverse Effect Level contour (LOAEL) which is the level above which adverse effects on health and quality of life can be detected. JL – wanted to know the underlying facts/assumptions upon which the noise model for HS2 is based. BT – Asked what the source of the noise model is? PB – Explained that it is a model of a high speed train, which has moved on from HS1 by representing the train by multiple sources, each with its own noise/speed relationship. The mathematical model used is a well-researched and validated model is based on a German high speed ICE train. The Phase 1 Environmental Statement explains the model in more detail. Everything has been done to present a reasonable worst case scenario to deal with uncertainty, both in terms of the source noise and its propagation. Therefore, it is more likely that the trains will be quieter than predicted in the Environment Statement, rather than louder. Bund Mitigation JL – asked about noise impact on his property and how HS2 ltd is planning to mitigate this. He had already requested a 1.7km bund along the track from the Long Itchington Wood tunnel to provide noise and visual mitigation.

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4. 5. 6.

LF - pointed out that the scheme has already provided bunding, which is typically 3 metres minimum along the section of the route running north west of the Long Itchington Wood tunnel at its closest point to Mr Lee’s land. Although the line is on embankment, a false cutting is proposed which includes a bund and it has landscaping on it, which acts as a visual screen. Where the scheme crosses the Grand Union Canal it is not possible to put a bund, but the scheme has assumed a 1.4m noise barrier (not an absorptive barrier) which will help to reduce wheel noise. PB – pointed that any further mitigation would have to be justified on cost and effectiveness grounds. The distance of Lower Print Farm from the track means any further noise mitigation would have limited benefit to Mr Lee. In principle if you have a house below the LOAEL then the Promoter will say based on the evidence there will not be any further benefit to be gained by reducing the noise. Action: HS2 to provide Mr Lee with cross sections to show mitigation earthworks near his property. Mass haul DM – asked about spoil from the tunnel and stated that there was a huge concern in the local community about the transport of material. In particular the local community do not want the material from the tunnel to be transported through the town. He argued that instead of transporting the material by road a good chunk of the material can be used for bunding. LF – clarified that HS2 will be moving material along the haul routes and it is not proposed to move earthworks through the town. HS2’s proposals do not route construction traffic through Southam town centre. DM – asked how much of the material is HS2 using from boring the Long Itchington Wood Tunnel and how much can we use of material? E.g. Are HS2 using 50% of material? LF – clarified that HS2 are reusing all suitable excavated material in this area. He pointed out that there are requirements on where bunding is placed and they are determined by the mitigation requirements. If HS2 increase bunding this will increase land take and there will be opposition from landowners. Also if we provide additional bunding above the requirements of the scheme then this could be seen to be dumping spoil. Settlement DM – asked about whether the level of settlement has been taken account of when designing the bunds for HS2? LF – clarified that if, for example, it is meant to be a 3 metre bund then this is the level it will be after settlement. Traffic Management DM – stated that there were serious concerns in the local community about traffic impacts on Southam from the HS2 Ltd construction works. He had heard that Warwickshire had been offered extra funding for a traffic management system. LF – Confirmed that funding has been offered to Warwickshire Country Council towards the purchase of 20 CCTV cameras to feed into the Automated Traffic Information Systems. The contribution will not exceed £15,000 per CCTV camera. This is an additional step on top of measures in Environment Statement and Code of Construction Practice. BT – Asked about what HS2 were doing to avoid traffic impacts on Southam from their works. He was concerned because Southam is the hub for a whole range of services and there are already existing traffic problems on the key roads coming into Southam and recent experience of utility works had shown that this could result in traffic backing up and delays.

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7. 8.

LF When we are constructing our works we will do it while keeping the road open or with a temporary carriageway around the works at most times and it will only cause minor delays when the road has to be tied in and the road needs to be closed overnight or for a weekend. It is not in HS2s interest to cause traffic congestion and so work will be carried out in a way to minimise any impact. DM – asked for ongoing communication about any changes in the future and for them to be kept informed. LF - Explained that the project is at a stage where a number of preparatory works for construction will soon need to be undertaken. This will require ongoing communication from a number of different teams. Green tunnel DM asked about why there was a need for a green tunnel at Long Itchington Wood South Portal. LF – said that as a result of the changes which were made to the alignment of the railway it now needs to be in the ground. DM – asked for HS2 to look again at green tunnel LF – Explained that if we took tunnel out there would be a lot more land take. It is there to reduce land take and the way the road crosses in the final scheme. He said there would not be space to put a bored tunnel in its place. Low frequency noise BT – Stated that he is very concerned about low frequency noise and he did not believe HS2 was giving sufficient attention to addressing this issue. PB – Explained that HS2 is very aware of the issues and research around low frequency noise and does not dispute the health effects. Low frequency noise is very difficult to deal with. Using conventional methods to attenuate noise will not work because it will just bend around the bunding. However, HS2s position is that there is no recognised evidence that low frequency noise from trains would cause a problem. BT – Stated that there was plenty of evidence in literature of health effects caused by low frequency noise and asked HS2 to look at the results from a Portuguese study. PB – Reiterated that HS2 are not disputing this health effect, but that is no evidence of a link between low frequency noise from railways and adverse health effects, because the levels emitted are simply too low, as explained by Mr Thornely-Taylor. He clarified that HS2 have technical specialists who keep abreast of latest scientific research on acoustics that is relevant to high speed rail. For example we have taken action to review all the latest research on the impact of train noise on livestock involving the RSPCA. BT – stated that there should be monitoring of low frequency noise. He wants assurance that monitoring will take into account low frequency noise. PB – Things have evolved since Southam’s appearance at SC and HS2 are now committed to doing monitoring, see Information Paper F4. LPAs are keen for HS2 to compare actual outcomes with those predicted in the ES, and there is no reason why this should not include low frequency analysis. He is happy to have ongoing dialogue with BT. Action: HS2 to remain in ongoing dialogue about low frequency noise with Dr Bransby Thomas.

9.

Southam Industrial estate: DM – Stated that Southam industrial estate has approximately 3000 high quality jobs and he is concerned about the noise and vibration impacts from the scheme on these businesses,

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10.

particularly if they have sensitive equipment. There is also significant new housing proposed to be built in this area. LF – explained that the scheme has criteria to limit vibration impacts from our work. Please ask any businesses who have concerns to get in contact with us. If they want a more detailed discussion we can provide this. PB – Stated that people are understandably concerned about the change and uncertainty brought about by a major project, such as HS2. If we think there are unusually sensitive areas we will expand the vibration zone as shown by the study areas on the sound noise and vibration maps DM - pointed out that the original route of HS2 passed close to Ladbroke on the Eastern side of this village. Then the route was changed about three years ago by moving it 600 yards further East of Ladbroke resulting in the need for the massive Windmill hill cutting. Unfortunately this also moved the route approximately 600 yards closer to Southam and adjacent to the key industrial estate threatening both the businesses and jobs on this estate. The original tunnel under Long Itchington Woods was further south west and shorter than the existing tunnel. In his opinion the route is now longer than necessary and more expensive. LF – explained that the route was moved as a result of a feedback from a public consultation carried out in 2011 by the Department for Transport (DfT). More detailed information about the reasons for moving the route are available in the Appraisal of Sustainability – Post Consultation Route Refinements report: Works timescale DM – asked when construction works will be likely to start. LF – explained that the earliest works in this area to start are likely to be for the setup of Long Itchington Wood tunnel next year. Ground investigation will be undertaken first to confirm the construction methods. First thing you are likely to see will be set up of the site compound and preparation works e.g. junction. BT – who is responsible if worst fears come to pass? PB – Ultimately the Secretary of State for Transport is responsible for the scheme and ensuring it complies with the Environmental Minimum Requirements and Code of Construction Practice.

11. Any other business: None

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Wood Farm,

Ufton,

Warwickshire.

CV33 9PH

May 28th 2016

My name is Derek Hiatt owner of Wood farm Ufton and its complex of businesses.

We own 400 acres of land and will be very badly directly affected by the proposed route of

HS2 which will be 100 yards from my farm ,we are also very close to the Long Itchington

Tunnel portal. The line will cut the farm in two necessitating a 5 mile journey to get from

one half to the other. The farm buildings complex includes three other businesses ; four

holiday apartments in a converted 16th century Barn, my daughter’s equine business and

cattery .These three businesses will no longer be viable so close to the line. I have built the

farm and businesses up into a very efficient business complex over a 30 year period.

On top of all this blight for my family HS2 propose to build a workers camp and construction

yard on two sides of the farm. The situation is a complete nightmare and it has seriously

affected my health.

If your Lords committee plan to come through our area on a coach I invite you to see the

potential devastation.

Since the announcement of HS2 6 years ago I have actively supported SAAG ( Southam area

action group) .They have represented me at numerous local HS2 meetings and have sent us

relevant information about this devastating project.

They are always available to discuss the HS2 project and answer our enquiries.

SAAG petitioned on our Behalf in the House of Commons in March 2015 and were not

challenged under Locus Standi, I fail to understand why they have been challenged this year.

The committee consists of both active and retired STC Council members and individuals with

considerable Engineering and environmental expertise.

I ask you to remove the Locus challenge and allow SAAG to continue its vital work on our

and our community’s behalf.

Derek Hiatt

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