The CLA is working hard to ensure that the HS2 recognises the impact on landowners and rural businesses and addresses these at the outset, not as an afterthought. We are campaigning for reform of the compulsory purchase system, a large part is about the compensation offered but much is about the process and the attitude of the acquiring authority towards property owners. Codes of practice, a duty to treat property owners fairly, together with a quick and cost efficient appeals procedure does much to address these issues.
MOST RECENT ACTIVITY
12/09/13 - Department for Transport Publishes Phase 2 Property Compensation Consultation
12/08/13 - CLA writes to government Ministers at the Treasury, Defra and Department for Transport and asking for compensation arsising from compulsory purchase to fall outside the scope of Capital Gains Tax. This would enable re-investment into an asset of the owners choosing and at an appropriate timescale.
17/07/13 – Government announces
16/07/13 – CLA proposals on Property Bond Scheme, Duty or Care and Fairness discussed by House of Commons’ High Speed Rail Bill Committee. In response to the CLA amendments the Minister confirms government commitment to “fair and generous” compensation and commitment to consult on a Property Bond Scheme.
09/07/13 – CLA President and Chief Surveyor gave oral evidence to High Speed Rail Bill Committee. Evidence restricted to matters relevant to the Bill - Property Bond Scheme for homes and businesses, Mitigation for agriculture and rural business impacts, minimising land take, Fair Compensation and Duty of Care
03/07/13 - The CLA publishes more information on Property Bond Scheme ahead of the High Speed Rail Bill
25/06/13 - CLA President met with Secretary of State for Transport, Patrick McLouglin to discuss the following issues of concern to Landowners ansd Rural Business:
- Poor Communication of HS2 (CLA and Members): HS2 and Secretary of State gave undertaking that this would improve and agreed to meet us every 6 months
- Minimising land-take, working area
- Mitigation of impacts on agriculture and other businesses, planning consents. HS2 would actively look at mitigation for agriculture and business.
- Safeguarding and compensation, incl Property Bond scheme, statutory rate of interest. SoS said he would look at property bond scheme, but did not wish to pay out when no loss, nor get saddled with unoccupied properties
- Method of working. HS2 said that things would become clearer as Environmental Statement and Codes of Practice progressed
To date the CLA has met with about 50 MPs along the route of HS2, and those with an interest in transport and railways
We have also responded to consultations issued so far and continue to meet with HS2
The CLA meets regularly with HS2. We were one of the founding partners to establish a landowner/farmer/business working group which meet regularly to inform us on issues of the ground and also form an important consultative group for the CLA and HS2
01/13 The CLA writes to The Secretary of State for Transport, The Treasury, The Department for Communities and Local Government and MPs along the whole HS2 route
11/12 – Launch of Fair Play: CLA Vision for reform of the compulsory purchase system.
Phase 1 – Property and Compensation consultation – expected very soon
Phase 2 - Route Consultation. Closes 31st January 2014
July 2013 - Draft Environmental Statement
May 2013 - Exceptional Hardship Phase 2
Jan 2013 - Safeguarding Phase 1
Jan 2013 - Property & Compensation Scheme Phase 1
May 2010 - Exceptional Hardship Phase 1
BACKGROUND TO HS2
This is a fast interurban rail link between London Euston, Birmingham Airport, Manchester Airport and Manchester to the west and Toton (Nottingham) and Sheffield Meadowhall and Leeds. The government are hailing this as the biggest railway infrastructure investment since Victorian times which will drive regeneration and businesses north of London
The reality will be very different for the rural area that will bear the brunt of the negative impacts of the scheme. Currently there is great uncertainty as the routes are refined and the impacts of tunnels, cuttings, embankments and viaducts still need to be defined. This coupled what may be a drawn out hybrid bill process, a 20+ year construction period and the unknown final impact will cause widespread blight of land property and businesses anywhere near the proposed route.
Nov - 1st Reading of Hybrid Bill in House of Commons
Feb/March 2014 – 2nd Reading
Then open for submission of petitions for 8 weeks before going into Committee stage
Then through same process in House of Lords.
Route consultation – currently underway until 31st January 2014
The rest of the timetable for Phase 2 is much less certain and it is unclear as to whether the route will be confirmed before the election or after. It ios only after confirmation of the route that survey work and preparation of the Environmental Statement can start on this section. Once completed a separate hybrid Bill will be introduced
The CLA is working hard to ensure that the very real issues that impact on landowners and rural businesses are understood and tackled by the HS2 and government.
The CLA ensures that HS2 consider the impact on land, property and business owners at the outset, not as an after thought
The CLA is campaigning for reform of the compulsory purchase system that reflects the need of those who loose land, but who are likely to remain insitu throughout the scheme, and those who need to move as the scheme has made it impossible for them to continuing to live an operate in their current location.
Compulsory purchase reform is not all about money, but also about process and the attitude of the acquiring authority towards property owners. Codes of practice, a duty to treat property owners fairly, together with a quick and cost efficient appeals procedure does much to address these issues.
Transport - Latest news releases
Tractor speed move will cut red tape, says CLA
The CLA today (12 November 2013) strongly welcomed the Department for Transport’s decision to open a consultation to raise the maximum speed for tractors and increase the maximum weight of trailers – cutting red tape.
[12 November 2013]
Bill must be fair to the victims of HS2 compulsory purchase, says CLA
The High Speed Rail Preparation Bill to be debated in parliament tomorrow (Thursday, 31 October) must be fair to those facing compulsory purchase of their properties, the CLA said today (Wednesday, 30 October).
[30 October 2013]
High Speed 2 Rail Line - Consultation responses
HS2 Phase One Draft Environmental Statement
The CLA response outlines the inadequacy of information provided by HS2 in their Draft Environmental Statement. The consultation was the first time most landowners had, not only to see the environmental impact of the scheme, but also the amount of...
[16 July 2013]
HS2 London-West Midlands: Safeguarding
Department for Transport consultation into the safeguarding of the route. Within the 120m safeguarded area all planning applications will have to be referred to HS2, if HS2 object then the planning consent will be refused. We argue that 120m...
[1 February 2013]
HS2 London-West Midlands: Property and Compensation
Department for Transport consultation into Advance & Voluntary Purchase, Sale and Rent-back, Long Term Hardship and Tunnel schemes. Whilst these schemes offer more than what one would be entitled under statute, they are not generous and only...
[1 February 2013]
Compulsory Purchase - Advisory handbooks
CLA33 - New Transport Schemes: Roads, Rail & Canals
NEW TRANSPORT SCHEMES
[1 August 2003]
CLA11 - A Campaigners Guide to Compulsory Purchase
A CAMPAIGNER'S GUIDE TO COMPULSORY PURCHASE
[1 May 1997]
Compulsory Purchase - Guidance notes
Blight is a word that has a completely different meaning in law ('statutory blight') from the one that is in common use. There are only very limited circumstances under which bodies with compulsory powers become liable for the effects of their actions.
[28 November 2003]
GN28-02: The Compulsory Purchase Compensation Code
The CLA has for many years been arguing for reform of compulsory purchase law. A cross-industry group was set up by CLA and NFU to drive the lobbying efforts forward. Success so far has led to several government studies into the area of compulsory...
[17 December 2002]
GN08-02: Indirect betterment - the treatment of income gained from borrow bits, site offices, spoil tips and other arrangements with contractors in assessing compensation for land taken
This issue has been of concern to the CLA and its members for some considerable time. The Rural Practice Surveyor prepared a briefing paper after a preliminary review in February 1993 but consideration of the matter has continued.
[16 December 2002]