HS2
on relates to the arrangements for compensation on compulsory purchase of land along the prescribed route for phase one of HS2. Around 172,000 properties within 1 km of the first phase of the construction of HS2 (from London to Birmingham), are said by campaigners to be suffering from 'HS2 blight'. The protest groups argued on behalf of those property owners that they faced being unable to move or remortgage for 15 years or more, and that the consultation process lacked enough detail on compensation arrangements to be fair.
What will happen now? It seems unlikely that the protestor groups will be happy with the court’s judgment. They have failed on nine out of ten issues, and this result is unlikely to deliver on the objectors’ principal motivation in this claim – which was to derail the project until after the next general election. Although the protestors were granted permission to appeal against nine of the judge’s rulings, there is little chance of the protestors succeeding on appeal. Mr Justice Ouseley’s long judgment, which was based on extensive argument heard over a ten day hearing, dealt with the objections raised in a very thorough and
detailed way. In relation to the element on which the
objectors succeeded, the DfT released a statement immediately after the judgment was handed down in which it confirmed that the government will consult again on compensation options as soon as possible. It is worth noting that the government has to date undertaken three consultation exercises on compensation and the arrangements for compensation payable in respect of properties affected by HS2 go beyond basic entitlements under general compulsory purchase legislation and case law. The DfT said its proposed compensation scheme would be 'significantly beyond statutory requirements'. High Speed Rail Minister, Simon Burns,
said that carrying out a new consultation on property compensation would not delay the project. He added that the government remained 'fully committed' to fairly compensating members of the public who would be affected by HS2. The next stages for the HS2 project are
a consultation on the draft environmental statement in the spring and the deposit of a hybrid bill for the first phase of HS2, which will be introduced in Parliament by the end of the year.
In other words, prudent property Consult Develop Design
Providing comprehensive engineering services in metro and mainline signalling using experienced and qualified engineers.
owners should be preparing for HS2 on the basis that it is likely.
Lessons to be learned for the government? It is, in my opinion, fair to say that the government has so far presented a less than compelling case for HS2 - a significant transport project which, along with the implementation of the Leveson reforms, has rare cross party parliamentary support. Despite losing on nine out of ten grounds, it is likely that the objectors will continue with their fight to derail the project. At a rail conference on 6 December 2012 (the day after the Chancellor re- confirmed his commitment to HS2), Alison Munro, chief executive of HS2 Limited, spoke about the key battle to win the public relations campaign on HS2. The challenge for supporters of HS2
is to stress the wider significance of this critical piece of transport infrastructure and to steer the media agenda away from the fact that it could cut the length of a London-Birmingham trip to 49 minutes – hardly worth the considerable investment.
David Vaughan is a property litigation partner at Berrymans Lace Mawer specialising in compulsory purchase compensation claims. Contact him at
david.vaughan@
blm-law.com
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DEG Signal Ltd, Aspect House, Crusader Park, Warminster, Wiltshire, BA12 8BT
April 2013 Page 129
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