High Speed 2 and the implications for Property Owners
Posted by Lee May on 25th March 2011
On 1st March 2011 the Department for Transport published its consultation paper on the construction of the second phase of the proposed national high speed rail network, known as High Speed 2. The government’s plan is for HS2 to run from London’s Euston Station to Birmingham, ultimately linking to Manchester, Sheffield and Leeds.
In doing so HS2 will cut across farm land and many environmentally sensitive locations as well as necessitating the demolition of some existing houses and blighting many properties along the route. It is inevitable that the route will include some areas of outstanding natural beauty and conservation areas and that some of the buildings at risk will be listed.
A decision has yet to be been taken on the final route and it is even possible that HS2 will be scrapped altogether in the face of pressure from interest groups or for financial reasons given the current economic downturn.
If you want to have your voice heard then the time to lobby government is now. Once the route is decided and the necessary legislation is in place there will be very little that can be done to prevent the scheme going ahead.
Responding to the consultation is only part of the picture. Owners of properties which may be affected also need to be aware of the possible legal implications of HS2 and what their rights are.
If the scheme does go ahead then, once the final route is known, many property owners may find that their land or buildings are either required for the construction of the line or otherwise blighted. In these circumstances they may be able to serve a blight notice requiring the promoters of HS2 to purchase their land. The ability to claim statutory blight is likely to depend upon the existing planning rules. Disputes over whether someone’s land is blighted and the compensation they should receive are ultimately resolved by the Lands Tribunal.
Getting the compensation you are entitled to can be a lengthy process as experience from High Speed 1 in Kent, otherwise known as the Channel Tunnel Rail Link, has shown. Brachers, who are based in Maidstone, acted for a number of landowners on compensation claims arising from HS1, including farmers and the owners of various residential properties. Some of these claims have only recently been settled.
Unfortunately the statutory blight rules will only come into place once the final route is know. What about those people who are already being affected merely as a result of the publication of the current preferred route? There is one possible remedy.
In these circumstances owners may have access to the government “exceptional hardship” scheme. This scheme is designed to compensate people who have no choice other than to move their home or business but are finding it difficult to find a buyer due to the uncertainty caused by the plans for HS2. The scheme should provide some relief for those suffering from a generalised form of blight as a result of their proximity to the likely route of the HS2 line. However, it should be noted that there are strict rules regarding eligibility for the scheme.
Clearly it is of vital importance for those who may be affected by HS2 to know their rights. They should also respond to the current consultation and this can be done by visiting the Department for Transport website. In addition to the formal consultation document there will also be a number of roadshows and what the government describe as “regional seminars” along the currently proposed route. The consultation finally closes on 29th July 2011. A decision is expected from the government in late 2011.
