To take access on to landowners and occupiers land, HS2 must enter into licences via negotiation. Rostons have been informed that these could be sent directly to you from June onwards.

There will be considerably more works than the previous round, resulting in more trial pits and boreholes. We advise liaising with ourselves in relation to the licence being sent to you and also, in relation to the process for any pre-entry meetings, access requirement and compensation.

We are also aware further Land Interest Questionnaires are being sent out directly to you. Please do not hesitate to contact Tom Selby, Jonathan Bell and Tony Rimmer at Rostons, in regards to this matter.

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The new Hybrid Bill once passed will grant HS2 the compulsory purchase powers to acquire land and buildings to construct the high-speed railway and all the associated road and utility diversions. The compulsory purchase powers will also include all the environmental mitigation measures such as tree planting, newt habitats and grasslands.

There will be several documents to be published, including the Environmental Statement and non-technical summary, and a significant number of maps and plans for the various areas affected by the scheme. These documents will be available online and at the number of HS2 Phase 2B public information events that will no doubt be held soon.

Once the Hybrid Bill has been read twice in the House of Commons, this will open up the petitioning period, whereby anyone who has property affected by the scheme, can petition against their proposals and ultimately be heard in front of the Select Committee at the House of Commons.

The timescales in relation to Phase 2B are as follows:

• The Petitioning period 12 – 18 months
• Royal Assent Spring 2026
• Early environmental planting and utility diversions late 2026/ early 2027
• Main construction of railway 2028
• Completion and the railway being operational 2035/36

It is worth taking into consideration that the Phase 2A Hybrid Bill was deposited in July 2017 and only received Royal Assent in February 2021, however this was due to General Elections and periods of Purdah.

Tom Selby of Rostons stated “It was proposed that the Hybrid Bill was to be deposited in late 2021, however was delayed. It is most frustrating for those property owners and occupiers on the Golborne Spur as this is still included in the bill but is still being reviewed by union connectivity review panel and yet to be confirmed. The key to petitioning is ensure that reasonable, practical requests are made and these have been evidenced with early engagement.”

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• Confirmation that the High Speed Railway from Crewe to Manchester will continue
• The Golborne Spur will be reviewed
• As part of Northern Powerhouse Rail a new High Speed line between Warrington and Manchester is proposed

HS2 Phase 2B will be deposited into Parliament in Spring 2022, this will be based on all the plans that were published some 18 months ago. This is the process to enable HS2 to obtain Royal Assent and ultimately construct the high speed railway. Once the Bill is deposited into Parliament it will open the opportunity  for those affected to Petition against the Hybrid Bill.

The Union connectivity review is considering the case of alternatives to the Golborne Spur and a value for money assessment will published when the HS2 Phase 2B Bill is deposited into Parliament next Spring. It is worth noting that all plans/ documents relating to the Golborne Spur will still be deposited as part of the Bill.

Northern Powerhouse Rail has confirmed as part of their proposals made in 2019 a new High Speed Railway between Warrington, Manchester and Yorkshire is planned The railway will comprise of new-build tracks and upgrades to Liverpool (via Warrington Bank Quay). This proposal will be built via a separate Hybrid Bill.

At this stage the Phase 2B Bill will still be deposited in Spring 2022 and until a decision is made on the Golborne Spur it will still be included in the Hybrid Bill. The integrated rail plan has been promised for over 12 months now and will certainly be well received for those in the East where the spur to Leeds has been shelved, those in Cheshire face further uncertainty with a 3^rd High Speed railway in the County.

Tom Selby of Rostons stated “We have been waiting for this announcement for sometime however if anything there is even more uncertainty over the Golborne Spur and those trying to plan for the future or who are part way through negotiations may be put on hold. Anyone impacted by the scheme should still ensure their issues are formally put forward and recorded with HS2”.

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It has taken some time to get to this point, when the bill was originally deposited in Spring 2018, Rostons represented a number of clients petitioning in the House of Commons, these assurances and undertakings will take affect with the future construction of the scheme.

HS2 are now looking to ramp up efforts to liaise and contact Landowners/occupiers affected by the scheme and will look to undertake further surveys with further detailed design along the route. The enabling of the Act has opened up further compensation measures for some properties in close proximity to the route, who may be able to claim a one-off payment, depending on how close they are to the railway.

Tom Selby of Rostons says “This will be a huge scheme throughout the North West Midlands where we work and can only hope moving forward that there is further engagement with regard to the design process to look to minimise the impact on farm holdings.

It is integral that those affected keep detailed records and timesheets, as these will only be scrutinised further down the line once the works are complete and agents try to settle claims.”

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It would in effect combine the plans for HS2 with the proposed Northern Powerhouse Rail Project which will link Liverpool with Leeds.

It is not so long ago that the Prime Minister commissioned his review of both projects as part of “High-Speed North” Scheme that is being led by the National Infrastructure Commission. Plans were submitted to the review earlier this week, urging the Government to integrate both lines.

The proposal drawn up with Engineering Consultants involves scrapping the plans to terminate HS2 trains at Manchester Piccadilly Station. Instead, it would become a through station with trains running on from the South to the North-East towards Bradford and Leeds and a possibility that a new station could be built close to Junction 20 of the M62 to serve Rochdale and Oldham, regenerating these towns.

With the current driver to build the Country out of the Covid-19 crisis, Tony Rimmer, Director of Rostons, feels this is more likely.

Image credit: El Pollock / First TransPennine Express Class 185, 185131, platform 4, Manchester Victoria railway station / CC BY-SA 2.0

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Phase 2A West Midlands to Crewe

• The Bill is currently before the House of Lords Select Committee, which has been suspended due to COVID-19, a date for the committee to reconvene has not been set yet.
• Royal Assent is expected to be granted by the end of 2020.
• Ground Investigation (GIS) works are continuing, although environmental surveys have been suspended until further notice.

Phase 2B Western Leg Crewe to Manchester

• A hybrid bill is being prepared to allow the route to proceed, it is not expected to be published this year.
• Assessments are taking place on how HS2 will be connected to the northern transport networks.
• A further consultation on route-wide updates and design refinements is expected to be launched in the autumn of 2020.

Jonathan Bell of Rostons comments that “while it seems certain that HS2 will proceed to Manchester, the impact of COVID-19 will pose difficulties in ensuring that those affected by the route are able to directly with HS2 and ensure its impact is mitigated as much as possible”.

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The long-awaited Oakervee report has been published which advises the High Speed 2 (HS2) project should proceed.

The prime minister criticised HS2 Limited for the management of the national infrastructure project, however, this did not detract from the value of the scheme.

The Oakervee report reiterates the primary need for the scheme is for capacity, not just speed, with further recommendations as follows:

Phase 2A – Birmingham to Crewe

• Consider merging the construction of Phase 2A with that of phase one (phase one is due to be completed between 2028-31)
• Optimise the design and reduce the costs of the scheme
• Review the size, phasing and contracting model

If phase 2A is merged this could well see this part of the scheme accelerated, however, will depend if HS2 has the manpower to undertake this.

Phase 2B – Crewe to Manchester & Birmingham to Leeds

• A further study to be completed by summer 2020 to develop an integrated railway plan embracing Phase 2B and integrated rail connections in the north west/ midlands, with other railway improvements
• It is proposed this part of the scheme would open between 2035-2040
• It is likely that any proposals for phase 2B will result in a joined-up approach taking into consideration Northern Power Rail, now referred to as “High Speed North”.

Tom Selby of Rostons stated “The acceleration of Phase 2A to Crewe is understandable however the scheme needs to be managed more effectively as reiterated by the Prime Minister today.

The review of Phase 2B inline with integrated rail in the north west will result in a further delay until the middle of 2020 for property owner and occupiers on the route and is most concerning if further land will be impacted by High Speed North”

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For those landowners and occupiers on Phase 2A from Birmingham to Crewe, Royal Assent is expected to be granted in early 2020 following petitioning, while on the ground, work package 4 for ground investigation works is due to be launched which will see extensive works carried out from April 2020 to December 2020.

At present, Phase 2B from Crewe to Manchester is still expected to go ahead with HS2 and Balfour Beatty due to be on the ground, carrying out the initial intrusive Ground Investigation Surveys which is part of a phased package of works with the second phase of ground investigation works to be released in early 2020, landowners and occupiers can be expected to be contacted by Agents from Balfour Beatty and HS2 in relation to this. It is vital that prior to Balfour Beatty taking access, a pre-entry meeting is arranged to discuss access routes and accommodate any needs the landowner or occupier has particularly as much winter drilling has been delayed and the field works are likely to take place in the spring rather.

Rostons, Rural Land and Property Experts, based in Chester are acting for a number of landowners and occupiers affected by HS2 and are currently involved in the ongoing GIS work packages representing farmers and are aware of the importance of having a firm agreement in place before Contractors take entry to the land, particularly during these inclement conditions.

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The review is due to be submitted in the Autumn and will examine the whole project, including:

• Whether HS2’s latest estimates of costs and schedule are realistic
• Cancelling the project
• Building only Phase 1
• Combining Phases 1 and 2a
• Different choices or phasing of Phase 2b
• Impact of HS2 on Northern Powerhouse Rail
• Prioritising Phase 2b and Northern Powerhouse Rail over the southern sections.

If anything for those property owners/ occupiers in the North West, this announcement adds even more uncertainty to those already affected by HS2, and leaves the door open to further rail infrastructure schemes such as HS3 or the Liverpool-Manchester junctions that have recently been consulted on. If your clients are impacted by the scheme, professional advice from the outset is paramount and we would be delighted to assist.

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The report is due to be submitted in the Autumn and will examine the whole project, including:

• Whether HS2’s latest estimates of costs and schedule are realistic
• Cancelling the project
• Building only Phase 1
• Combining Phases 1 and 2a
• Different choices or phasing of Phase 2b
• Impact of HS2 on Northern Powerhouse Rail
• Prioritising Phase 2b and Northern Powerhouse Rail over the southern sections.

This news adds even more uncertainty to those already affected by HS2, and leaves the door open to further rail infrastructure schemes in the North West which have been called for by Northern Powerhouse Rail, Jonathan Bell of Rostons believes that we will see a greater impact in the North West, particularly given the recent inclusions in the HS2 Phase 2b Design Refinement Consultation of the London-Liverpool and Liverpool-Manchester junctions.

For further information contact the Rostons office on 01829 773000

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