C11: REGENERATION, COMPULSORY PURCHASE POLICY AND OVER SITE DEVELOPMENT

Transcription

1 HIGH SPEED TWO INFORMATION PAPER C11: REGENERATION, COMPULSORY PURCHASE POLICY AND OVER SITE DEVELOPMENT This paper outlines the use of the power to compulsorily acquire land by the Secretary of State to enable regeneration and/or development and the over site development powers within the HS2 Bill. It will be of particular interest to those potentially affected by the Government s proposals for high speed rail. This paper will be updated as required. If you have any queries about this paper or about how it might apply to you, please contact the HS2 Public Enquiries desk in the first instance. The Public Enquiries Team can be reached at: by HS2enquiries@hs2.org.uk High Speed Two (HS2) Limited 2nd Floor, Eland House Bressenden Place London SW1E 5DU or by Phone: (lines are open Monday to Friday 9am-5pm) Version 1.1 Last update 29 April

2 C11: REGENERATION, COMPULSORY PURCHASE POLICY AND OVER SITE DEVELOPMENT 1. Introduction 1.1. High Speed Two (HS2) is the Government s proposal for a new, high speed north-south railway. The proposal is being taken forward in two phases: Phase One will connect London with Birmingham and the West Midlands; and Phase Two will extend the route to Manchester, Leeds and beyond HS2 Ltd is the non-departmental public body responsible for developing and promoting these proposals. The company works to a remit set by the Secretary of State for Transport Recently, HS2 Ltd deposited a hybrid Bill 1 with Parliament to seek powers for the construction and operation of Phase One of HS2 (sometimes referred to as the Proposed Scheme ). The Bill is the culmination of nearly five years of work, including an Environmental Impact Assessment (EIA), the results of which were reported in an Environmental Statement (ES) submitted alongside the Bill. The Secretary of State has also published draft Environmental Minimum Requirements (EMRs), which set out the environmental and sustainability commitments that will be observed in the construction of the Proposed Scheme The Bill will be promoted through Parliament by the Secretary of State for Transport (the Promoter ). The Secretary of State will also appoint a body responsible for delivering the Proposed Scheme under the powers granted by the Bill This body is known as the 'nominated undertaker'. There may well be more than one nominated undertaker for example, HS2 Ltd could become the nominated undertaker for the main railway works, while Network Rail could become the nominated undertaker for works to an existing station such as Euston. But whoever they are, all nominated undertakers will be bound by the obligations contained in the Bill and the policies established in the EMRs These information papers have been produced to explain the commitments made in the Bill and the EMRs and how they will be applied to the design and construction of the Proposed Scheme. They also provide information about the Proposed Scheme itself, the powers contained in the Bill and how particular decisions about the project have been reached. 1 The High Speed Rail (London West Midlands) Bill, hereafter the Bill. 2

3 2. Overview 2.1. Clause 47(1) of the Bill gives the Secretary of State a power to promote an order to acquire land compulsorily to facilitate regeneration and development in connection with the Proposed Scheme. This paper outlines the circumstances in which the Secretary of State may decide to use this power Clause 47(2) includes a separate power to promote an order to acquire land compulsorily to relocate businesses displaced by the Proposed Scheme. That power is separately described in the Information Paper C7: Business Relocation. 3. General Approach 3.1. HS2 will be a significant catalyst for local development and regeneration around stations and depots along the line of route and the Secretary of State wishes to enable the optimum regeneration proposals to be brought forward at the earliest opportunity The Secretary of State expects that local authorities, Local Enterprise Partnerships and in some cases Urban Development Corporations will take the lead through their respective planning and growth responsibilities at the local and regional level. In response to the Growth Task Force report, the Government is also planning to establish a central regeneration company to help local authorities achieve their regeneration ambitions The Secretary of State expects that local authorities and other bodies will work together with landowners and the private sector to bring forward early regeneration and development schemes in accordance with local plans and policies in the vicinity of HS2 stations and depots. Local authorities will wish to ensure that such regeneration proposals come forward in a cohesive, comprehensive manner rather than in a piecemeal or opportunistic way When pursuing regeneration and development opportunities in relation to infrastructure projects, amongst other factors, local authorities will need to ensure there is appropriate provision of land in the surrounding vicinity of stations and depots and that it is appropriately packaged to achieve the wider ambitions of the area. Access to the required land can normally be achieved through commercial negotiation with landowners. However, there are circumstances where such land assembly can prove challenging, particularly where land ownership is highly fragmented or where land parcels straddle one or more local authority areas. In such cases, commercial negotiation can fail to secure all the land required. This has the potential to significantly frustrate local development leading to delays, cost increases or the desired regeneration simply not occurring To surmount these barriers, local authorities have power under Part 9 of the Town and Country Planning Act 1990 to compulsorily acquire land within their 3

4 area to facilitate development, redevelopment or improvement 2. This eases the process of land assembly by providing greater certainty that access to the required land can be obtained in a timely manner and at reasonable cost There may, however, be circumstances where local authorities are unable or face very challenging practical difficulties in using their compulsory purchase powers, for example, where the required land falls within the boundaries of more than one authority. Clause 47(1) of the Bill therefore enables the Secretary of State to compulsorily acquire land to facilitate regeneration and development in connection with Phase One of HS2. This provision is based on the equivalent powers mentioned above under Part 9 of the Town and Country Planning Act 1990 for local authorities 3.7. Clause 47(1) is a backstop power to assist in unlocking or optimising a development or regeneration scheme where other avenues have failed and the importance of realising the regeneration benefits are considered significant enough to warrant its use. The Secretary of State would expect to use this power with the support and collaboration of the relevant local authorities 3.8. The power to make a Compulsory Purchase Order (CPO) under clause 47(1) is subject to the same procedures and safeguards as apply to the making of other CPOs. A CPO may be made only if there is a compelling case in the public interest to justify its use. Landowners and other interested persons affected by a proposed CPO have the right to object to its confirmation. If such objections are raised, the case for and against the proposed CPO must be examined by an independent planning inspector at a Public Inquiry or public hearing. As part of his examination the Inspector must consider the proportionality of making the proposed CPO, in the light of its impact on affected landowners and other interested persons In summary, the following principles govern the circumstances in which the Secretary of State would consider using the CPO power under clause 47(1) to acquire land and property for regeneration and development purposes in relation to Phase One of HS2: the power will only be used after other options have been fully considered including commercial agreement between parties to acquire land; or local authorities using their own compulsory purchase powers; where there is a compelling case that the use of compulsory purchase is required in the public interest. Promotion of a CPO to acquire property for regeneration purposes will not be used only because it would be expedient to do so; and 2 Guidance on the exercise of the compulsory purchase powers in the Town and Country Planning Act 1990 is in the Office of the Deputy Prime Minister Circular 06/2004 available at: 4

5 the power will be applied for the regeneration and development of land in the vicinity of station sites and depots which arise as a result of the construction and operation of Phase One of HS It is important to note that the provisions in clause 47 do not provide planning permission for any proposed regeneration or development schemes on any land acquired. This would have to be sought separately in accordance with the existing planning regime in the relevant local authority. 4. Over Site Development and the HS2 Bill 4.1. Over site development (OSD) describes commercial and residential development that can be built over and around the permanent operational structures of the Proposed Scheme (such as stations) and is not related to the operation of HS2 (such as offices, shops or homes) The Bill does not seek approval for any OSD. Consent for any such development will be applied for and determined through normal planning processes. However, the Bill contains ancillary powers which allow for certain works to enable OSD (e.g. additional foundations and columns and deck structures) to be constructed as part of the Proposed Scheme The Bill also puts in place requirements in respect of the environmental assessment of OSD. It defines the circumstance where the planning application for OSD proposed to replace a building demolished or substantially demolished for HS2 must be accompanied by an environmental impact assessment. 5. More information 5.1. More detail on the Bill and related documents can be found at: 5