The High Speed Rail (London – West Midlands) Bill was laid before Parliament on 25 November 2013. The Bill will effectively grant planning permission for Phase 1 of HS2, and presents an opportunity for those affected by HS2 to influence the project.

What is happening?

HS2 is progressing in two phases:

  • Phase One: London to Birmingham; and
  • Phase Two: Birmingham to Manchester and Leeds.

They are to be authorised by separate Bills in Parliament. The Bill for Phase 1 has been formally introduced today, 25 November 2013. It is not expected to be passed until after the general election in 2015. The Bill for Phase 2 will not be introduced until after the general election.

What are my options?

Phase 1

This depends on how you are affected. If you are a landowner affected by Phase 1, you have the following main options:

  • do nothing now and apply for compensation when HS2 is implemented. Before choosing this option, you may want to check that you will be entitled to compensation. The rules for compensation are not straightforward and it is not possible to say now how much compensation you will receive but compensation may be all that you require;
  • if you would prefer to be bought out now, check whether your property is legally blighted. There are specific rules for this that apply to some properties but not others. If you are blighted, you can require HS2 Limited to buy your property now at its open market value. This is the value it would have if there were no HS2;
  • if you are not blighted (as legally defined) but you have an urgent need to sell your property and you will suffer exceptional hardship if you cannot do so, check whether you qualify for an early buy-out under the Government's Exceptional Hardship Scheme. One of the criteria is that you have tried unsuccessfully for at least 3 months to sell your property and have not received an offer within 15% of its realistic un-blighted asking price;
  • consider other discretionary compensation measures by the Government to assist property owners affected by HS2. These are not yet available. The Government is currently consulting on them. You may wish to respond to the consultation; and
  • formally object. If none of the above offers sufficient redress for you, you should consider submitting an objection. We can help you decide whether this is worth doing. If you do object, you cannot object to the whole scheme in principle. You can only object to the extent that it directly affects you.

How do I object?

You can object by 'petitioning' against the Bill. This is not simply signing a general petition alongside others. It is a form of objection in your own name, setting out how you are adversely affected. A petition should give you a right to be heard, in person or through a representative, by the Parliamentary Committee that will scrutinise the Bill in detail, when you can ask for a remedy to your problem. A petition must follow a particular form. We can help you with this.

The date for objecting will not be announced until next year.

What else can I do?

The Government has published an assessment of the environmental impacts of the project. You can make written representations on it, whether or not you are objecting to the Bill. You can also lobby your MP. There may be an organisation that is taking up issues similar to yours which you can join or support.

Phase 2

Phase 2 is at an earlier stage. The Government is currently consulting on the route. You have until 31 January 2014 to respond to this consultation. You can also lobby your MP and consider supporting an organisation that represents your concerns. The Exceptional Hardship Scheme is also available to you now.

It is too early to be able to claim blight or formally object.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.