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P91 House of Lords Select Committee Report 2016-2017.Pdf HOUSE OF LORDS Select Committee on the High Speed Rail (London - West Midlands) Bill Special Report of Session 2016–17 High Speed Rail (London - West Midlands) Bill Ordered to be printed 12 December 2016 and published 15 December 2016 Published by the Authority of the House of Lords HL Paper 83 Select Committee on the High Speed Rail (London - West Midlands) Bill The Select Committee on the High Speed Rail (London - West Midlands) Bill provides individuals and bodies directly and specifically affected by the bill with the opportunity to object to the bill’s specific provisions and to seek its amendment, although not to object to the principle of the bill. Membership The members of the Select Committee on the High Speed Rail (London - West Midlands) Bill are: Lord Brabazon of Tara Baroness O’Cathain Lord Elder (from 25 May 2016) Lord Plant of Highfield (until 25 May 2016) Lord Freeman Lord Walker of Gestingthorpe (Chair) Lord Jones of Cheltenham Lord Young of Norwood Green Declaration of interests See Appendix 1 A full list of Members’ interests can be found in the Register of Lords’ Interests: http://www.parliament.uk/mps-lords-and-offices/standards-and-interests/register-of-lords- interests Publications All publications of the Committee are available at: http://www.parliament.uk/high-speed-rail-london-west-midlands-bill-select-committee-lords Parliament Live Live coverage of public sessions of the Committee’s meetings are available at: http://www.parliamentlive.tv Committee staff The staff of the Committee were Christopher Clarke (Clerk), Andrew Conway (Committee Assistant), and Mary Harvey (Administrative Support). Contact details All correspondence should be addressed to the Clerk of the Select Committee on the High Speed Rail (London - West Midlands) Bill, Legislation Office, House of Lords, London SW1A 0PW. Telephone 020 7219 2468. Email [email protected] CONTENTS Page Summary 4 Chapter 1: Introduction 5 The HS2 Phase One hybrid bill 5 The House of Commons Select Committee 6 Appointment of the House of Lords Select Committee 7 A review of hybrid bill procedure 7 AcknowledGments 8 Chapter 2: The Select Committee in the House of Lords 10 Who petitioned? 10 The Role of the Select Committee 10 Additional Provisions 10 Working practices and proGramminG 11 Locus Standi (the riGht to be heard) 12 Hearing petitions and approaches to decisions 13 Directions given during proceedinGs 15 This report 15 Introduction 17 Edward McMahon (petition no. 008) 18 Laurence, Matthew and Alison Reddy (petition no. 243) 18 HW Taroni Metals Ltd (petition no. 594) 18 Coleshill Estate (petition no. 523) 19 DiddinGton Lane (Victoria Woodall and 50 others, petition no. 637) 20 Burton Green VillaGe Hall Trustees (petition no. 760) 20 Andrew and Jennifer Jones (petition No. 706) 20 Ivan, Heather and Nancy Banister (petition no. 749) 21 Mr and Mrs Raitt (petition no. 041) 22 Chetwode Parochial Church Council (petition no. 074) 22 Mr Geoffrey Brunt (petition no. 338) 23 Robert and Sara Dixon (petition no. 600), James Adam and Others (petition no. 378), Sheila Ansell (petition no. 822) and Rosemary and Ian Chisholm (petition no. 370) 24 Mary Godfrey and Claudia and Crescenzo D’Alessandro (petition nos. 386 and 249) 25 Iver Parish Council, Ivers Community Group and RichinGs Park Residents’ Association (petition nos. 639, 702 and 666) 25 Double 4 Limited (petition no. 293) 25 Chapter 4: Staffordshire to Oxfordshire 27 BirminGham, Staffordshire, Solihull 27 Warwickshire 28 Northamptonshire 28 Chapter 5: BuckinGhamshire 30 Chetwode, Twyford, Steeple Claydon and Calvert 30 Aylesbury and Stoke Mandeville 31 Wendover 32 Dunsmore, The Lee, BallinGer Common 33 South Heath 33 Great Missenden and Little Missenden 34 Amersham and the Chalfonts 36 Chapter 6: Colne Valley, HillinGdon and Old Oak Common 37 Relocation of the Heathrow Express depot 37 Colne Valley 37 Ickenham 40 Old Oak Common 42 Chapter 7: Camden 45 Introduction 45 Euston Station 45 Table 2: Rail passenGers arriving at Euston in the AM peak period 47 Land to the west of Euston Station 47 The ReGent’s Park Estate 48 Park VillaGe East 49 Parkway, Delancey Street, Albert Street, ArlinGton Road 50 MorninGton Terrace, MorninGton Place, MorninGton Crescent 51 The Ampthill Square Estate 51 Somers Town 52 Recommendations on improved compensation 53 Table 3: Cost to the promoter 55 Chapter 8: Compensation 56 Introduction 56 Table 4: Homeowner payment 58 Residential tenants and business property 58 The Need to Sell Scheme 59 Table 5: Need to Sell Scheme applications 60 Table 6: Need to Sell Scheme applications: Update (November 2016) 61 Statutory compensation (and what it is paid for) 62 Balance between town and country in non-statutory schemes 66 Uncompensated bliGht 67 Uniformity and special cases 68 Human RiGhts 68 Chapter 9: Environmental Issues 71 Introduction 71 Measuring loss of biodiversity 72 Air quality and monitoring air pollution 73 Introduction 73 Environmental reGulation 73 Monitoring in Camden and elsewhere 74 Climate chanGe 75 Ancient woodlands 75 Chilterns Area of Outstanding Natural Beauty 76 Public riGhts of way (including equestrian concerns) 78 Bird strike and bat strike 78 Urban environments: green spaces 79 Urban environments: hedGehoGs in ReGent’s Park 79 Chapter 10: Other route wide issues 81 Public enGaGement 81 DesiGn of viaducts, bridGes and other structures 84 Operational noise 85 Introduction 85 Table 7: Examples of noise intensity 86 Intolerable and tolerable noise 86 Sources of operational noise 87 The promoter’s proposed limits, and mapping of noise contours 87 Table 8: Noise limits 88 Introduction 89 Compulsory purchase and compensation 90 Tax issues 90 Other farming issues 91 Compulsory acquisition for reGeneration or relocation 92 Subventions for business rates 93 Movement of materials by rail 94 Table 9: Rail passenGers arriving at Euston in the AM peak period 95 Permanent or temporary land take? 97 Introduction 97 The Secretary of State’s policy 98 Appendix 1: List of Members and declarations of interest 100 Appendix 2: Locus Standi rulinGs 101 Appendix 3: Additional Provisions 116 Appendix 4: Amendments made by the Select Committee 120 Appendix 5: Mr Clive HiGGins and Mrs MarGaret HiGGins (petition no. 180) 122 Ruling by the Select Committee 122 4 HIGH SPEED RAIL (LONDON - WEST MIDLANDS) BILL SUMMARY We were appointed on 5 May 2016 and we heard our final petition on 1 December. Across 101 public meetings of the Select Committee on 64 sitting days, we heard almost 300 locus standi challenges and over 300 substantive petitions. While this does not equate to the length of proceedings in the House of Commons, our task has nevertheless been an onerous one. We are grateful both to the petitioners who appeared before us and to the promoter. For the most part, our meetings were conducted in a courteous and constructive atmosphere. This bill is controversial and we have been left under no illusions as to the strength of feeling it generates. The bill, following its remaining stages in the House of Lords and Consideration of Lords Amendments in the House of Commons, is likely to gain Royal Assent shortly. We suggest that this only represents the end of the beginning for this project. As the railway is constructed over the coming years, it will be imperative that the promoter engages effectively with all interested parties to ensure that, as far as possible, disruption and inconvenience are kept to a minimum. In this regard, the promoter faces an enormous task and we cannot stress enough the importance of effective and timely public engagement, something which, we were told time and again, could be improved upon. Turning to our principal, general recommendations, we have deleted subsections (1) to (3) of Clause 48 of the bill as they are undesirable and unnecessary. On compensation, we consider that those households in Camden and other urban areas, which are most severely threatened by construction noise, should be treated in the same way as if they were within 120 metres of the line of route in an area where the Rural Support Zone (RSZ) applies. The consequence is that owner-occupiers in these areas will be entitled to participate in the Voluntary Purchase Scheme, including its Cash Option. This is, as we acknowledge, a bold recommendation but we conclude that the Secretary of State’s non-statutory compensation scheme does not at present strike a fair balance between town and country residents, mainly because it is based on the incorrect assumption that it is inconvenience and disruption during the operational phase that is the sole or main grievance for those who live close to the line of route. Clause 48 is addressed in Chapter Ten. Additional compensation is addressed mainly at the end of Chapter 7 and at the end of Chapter 8. HiGh Speed Rail (London - West Midlands) Bill CHAPTER 1: INTRODUCTION The HS2 Phase One hybrid bill 1. The High Speed Rail (London - West Midlands) Bill contains the legislative powers required to construct Phase One of a proposed new national high speed rail network, High Speed 2 (referred to hereafter as HS2).1 HS2 will be the first major rail route to be constructed north of London since the nineteenth century. Phase One (“HS2(1)”) involves the construction of new high speed lines between London and the West Midlands. The central London terminal is to be at Euston Station (which will be reconfigured) and the central Birmingham terminal at Curzon Street. Intermediate stations will be located at Old Oak Common, West London (linking with Crossrail), and at Birmingham Airport. The new lines will connect with the existing rail network at Handsacre, north of Lichfield, thus enabling the expansion of the high speed rail network in the future. 2. It is anticipated, subject to the passage of the bill and the receipt of Royal Assent, that construction of HS2(1) will begin in 2017, and will be completed and operational by 2026.
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