A Brief Analysis Of The HS2 Bill

As reported in our last blog, the Bill was introduced into Parliament on Monday, and was deposited in 2 volumes. It was deposited alongside a myriad of documents which together make up the Bill and the Environmental Statement. Today's blog entry gives brief analysis of the Bill itself, pointing out some of the more interesting features. The next blogs will expand on Monday's by providing a more comprehensive index to the Environmental Statement documentation, as well as highlighting some of the other key documents that were deposited with the Bill.

The Bill itself is 417 pages long, 386 of which are schedules to the main provisions. It is made up of 65 clauses and 31 schedules.

The main provisions of the Bill are grouped together as follows:

Works which includes the authorisation of the works necessary for HS2 Phase One and all ancillary works.

Compulsory acquisition of land which includes powers to acquire land, airpace or subsoil as necessary for the authorised works to be carried out. The powers extend as far north as Manchester, with powers to acquire the "Manchester international depot" at the existing Longsight depot site. It also contains powers allowing for the compulsory purchase of land for the relocations of businesses which are displaced.

Extinction and exclusion of rights over land includes fairly standard provisions about the extinction of private and other rights over land, and extinction of rights of statutory undertakers.

Temporary possession and use of land includes powers to take temporary possession of land specified in a table for the construction of temporary worksites etc. It also includes powers for the nominated undertaker to occupy any other land within the permanent limits of deviation for any other Phase One purposes, which is significantly wider than the powers included in the Crossrail Act.

Planning deems planning permission to be granted for the works for HS2 Phase One, and imposes of conditions on planning permission, including a requirement for the nominated undertaker to submit certain details of the development to the planning authorities for approval. As with Crossrail, the Bill creates a two-tier regime for planning authorities. Those who agree to sign up to a planning memorandum and co-operate with HS2, will be able to approve the detailed design of permanent structures such as stations and viaducts, and also have an enforcement and approval role in relation to certain construction matters. Those...