High Speed Rail (London - West Midlands) Act 2017
2017 c. 7
An Act to make provision for a railway between Euston in London and a junction with the West Coast Main Line at Handsacre in Staffordshire, with a spur from Water Orton in Warwickshire to Curzon Street in Birmingham; and for connected purposes.
[23rd February 2017]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Power to construct and maintain works for Phase One of High Speed 2
(1) The nominated undertaker may construct and maintain the works specified in Schedule 1, being—
(a) works for the construction of Phase One of High Speed 2, and
(b) works consequent on, or incidental to, such works.
(2) In this Act, the works specified in Schedule 1 are called the ““scheduled works””.
(3) In this Act “"Phase One of High Speed 2”” means a railway between Euston in London and a junction with the West Coast Main Line at Handsacre in Staffordshire, with a spur from Water Orton in Warwickshire to Curzon Street in Birmingham.
(1) The nominated undertaker may, for the purposes of or in connection with the scheduled works or otherwise for Phase One purposes, do any of the following within the Act limits—
(a) carry out and maintain railway electrification and signalling works;
(b) make, provide and maintain all such approaches, bridges, subways, interchanges, roundabouts, turning places, lifts, stairs, escalators, ramps, passages, means of access, shafts, buildings, apparatus, plant and machinery as may be necessary or expedient;
(c) construct, provide and maintain all such embankments, aprons, abutments, retaining walls, wing walls, culverts and other works as may be necessary or expedient;
(d) demolish the whole or part of any building or structure;
(e) alter or remove any structure erected upon any highway or adjoining land;
(f) alter, or alter the position of, railway track and any apparatus associated with railway track;
(g) alter, or alter the position of, other apparatus, including mains, sewers, drains and cables;
(h) alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses;
(i) carry out and maintain such other works, of whatever description, as may be necessary or expedient.
(2) Subsection (1) does not authorise the making of any cut for drainage purposes which is more than 3.4 metres wide at the bottom.
(3) The nominated undertaker may within the Act limits—
(a) carry out and maintain landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of any of the works authorised by this Act, and
(b) carry out and maintain works for the benefit or protection of land affected by any of the works authorised by this Act.
(4) Schedule 2 contains further and supplementary provision about works.
(5) Without prejudice to subsection (1)(g), the nominated undertaker may, for the purposes of or in connection with the works authorised by this Act, undertake the electric line diversions and other works specified in the table in Schedule 3.
(1) The powers conferred on the nominated undertaker under this Act with respect to works may not be exercised in relation to a highway for which a strategic highways company is the highway authority unless the company consents.
(2) Schedule 4 contains provision about—
(a) highway access;
(b) power to stop up and interfere with highways;
(c) construction and maintenance of highways.
(1) Subject to subsection (6), the Secretary of State may acquire compulsorily so much of the land within the Act limits as may be required for Phase One purposes.
(2) Schedule 5 contains provision about the particular purposes for which land within the limits of land to be acquired or used may be acquired under subsection (1).
(3) Part 1 of the Compulsory Purchase Act 1965, so far as not inconsistent with this Act, applies to an acquisition of land under subsection (1)—
(a) as it applies to a compulsory purchase to which Schedule 1 to the Acquisition of Land Act 1981 applies, and
(b) as if this Act were a compulsory purchase order under that Act.
(4) The Compulsory Purchase (Vesting Declarations) Act 1981 applies as if this Act were a compulsory purchase order.
(5) Schedule 6 contains further provision about the application of compulsory purchase legislation.
(6) This section does not apply to Plot 91 or 91a in the Parish of Bickenhill in the Metropolitan Borough of Solihull, as shown on the deposited plans and in the deposited book of reference.
(7) In subsection (6), “"the deposited book of reference”” means the book deposited in November 2013 in connection with the High Speed Rail (London - West Midlands) Bill in the office of the Clerk of the Parliaments and the Private Bill Office of the House of Commons.
(1) The power under section 4(1) includes power to acquire such easements or other rights over land to which the power relates as may be required for Phase One purposes, by—
(a) creating new easements or other rights, or
(b) acquiring easements or other rights already in existence.
(2) The terms of an easement created under subsection (1)(a) may include terms imposing a restrictive covenant for the purpose of making the easement effective.
(3) In the case of land specified in the table in Schedule 7, the power under section 4(1) also includes power to impose restrictive covenants over the land for the purposes specified in relation to the land in column (3) of the table.
(4) In the case of land specified in the table in Schedule 8, the power under section 4(1) may be exercised only so as to acquire rights for purposes specified in relation to the land in column (3) of the table.
(4A) The power under section 4(1), so far as relating to compulsory acquisition by virtue of this section, includes power to acquire rights or to impose restrictive covenants for the benefit of a person other than the Secretary of State.
(5) The Secretary of State may by order provide that section 4(1), so far as relating to compulsory acquisition by virtue of this section, is to be treated as also authorising acquisition of rights or imposition of restrictive covenants by such person as may be specified in the order.
(6) The power to make an order under subsection (5) includes power to make an order varying or revoking any order previously made under that subsection.
(7) Schedule 9 contains provision about the application of compulsory purchase legislation to a compulsory acquisition by virtue of this section.
(1) The power under section 4(1) in relation to land may be exercised in relation to the airspace over the land only.
(2) The following do not apply in connection with the exercise of the power under section 4(1) in relation to airspace only—
(a) Schedule 2A to the Compulsory Purchase Act 1965 (counter-notice requiring purchase of land not in notice to treat);
(b) Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981 (corresponding provision in case of general vesting declaration);
(c) section 153(4A) of the Town and Country Planning Act 1990 (blighted land: proposed acquisition of part interest; material detriment test).
(1) The power under section 4(1) in relation to land may be exercised in relation to the subsoil or under-surface of the land only.
(2) The following do not apply in connection with the exercise of the power under section 4(1) in relation to subsoil or under-surface only—
(a) Schedule 2A to the Compulsory Purchase Act 1965 (counter-notice requiring purchase of land not in notice to treat);
(b) Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981 (corresponding provision in case of general vesting declaration);
(c) section 153(4A) of the Town and Country Planning Act 1990 (blighted land: proposed acquisition of part interest; material detriment test).
(3) Subsection (2) is to be disregarded where the power under section 4(1) is exercised in relation to a cellar, vault, arch or other construction forming part of a house, building or manufactory.
(4) Schedule 11 contains provision which in certain cases restricts the power under section 4(1)—
(a) to the subsoil or under-surface of land, or
(b) to the subsoil or under-surface of land and rights of passage.
(1) The nominated undertaker may enter upon, take and use for the purposes of the works authorised by this Act so much of the subsoil of any highway within the Act limits as is required for the purposes of the construction or maintenance of those works, without being required to acquire that subsoil or any interest in it.
(2) Subsection (1) does not apply in relation to any cellar, vault, arch or other construction in, on or under a highway which forms part of a building fronting on to the highway.
(3) In the case of land specified in the table in Schedule 12—
(a) the power under subsection (1) is not exercisable in relation to the subsoil of a highway comprised in the land, and
(b) the power under section 4(1) is not exercisable in relation to the land so far as the surface of the land is comprised in a highway.
(4) Subsection (3)(b) does not restrict the exercise of the power under section 4(1) in relation to a cellar, vault, arch or other construction in, on or under a highway which forms part of a building fronting on to the highway where—
(a) the building is within the Act limits, and
(b) the power under section 4(1) is exercisable in relation to the building.
(5) In the case of a highway comprised in land specified in the table in paragraph 1 of Schedule 11, the power under subsection (1) is exercisable only in relation to so much of the subsoil of the highway as lies more than 9 metres beneath the level of the surface of the highway.
(6) The restrictions imposed by subsections (3) and (5) on the power under subsection (1) do not affect the power under paragraph 7(1) of Schedule 4 (power of nominated undertaker to enter upon highway to carry out certain street works).
(7) The nominated undertaker must compensate any person who—
(a) is an owner or occupier of land in respect of which the power under subsection (1) is exercised, and
(b) suffers loss by the exercise of that power.
(8) Any dispute as to a person's entitlement to compensation under subsection (7), or as to the amount of compensation, must be determined under and in accordance with Part 1 of the Land Compensation Act 1961.
(9) Compensation is not payable under subsection (7) to any person who is an undertaker to whom section 85 of the New Roads and Street Works Act 1991 applies (sharing of cost of necessary measures) in respect of measures of which the allowable costs are to be borne in accordance with that section.
(1) After the end of the period of 5 years beginning with the day on which this Act is passed—
(a) no notice to treat may be served under Part 1 of the Compulsory Purchase Act 1965, as applied by section 4(3) to the acquisition of land under section 4(1), and
(b) no declaration may be executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981, as applied by section 4(4) to the acquisition of land under section 4(1).
(2) The Secretary of State may by order extend the period under subsection (1) in relation to any land, but may only do so—
(a) once, and
(b) by not more than 5 years.
(3) An order under subsection (2) is subject to special parliamentary procedure (as to which, see the Statutory Orders (Special Procedure) Act 1945).
(4) Schedule 13 contains provision about a right to require acquisition where an order is made under subsection (2).
11 Amendments consequential on the Housing and Planning Act 2016
Schedule 14 contains amendments to this Act that are consequential on provision made by Part 7 of the Housing and Planning Act 2016 (compulsory purchase).
(1) Sections 271 to 273 of the Town and Country Planning Act 1990 (extinguishment of rights of statutory undertakers etc) apply in relation to land held by the Secretary of State as being land which is required for or in connection with the works authorised by this Act as they apply in relation to land acquired or appropriated as mentioned in section 271(1) of that Act.
(2) In their application by virtue of subsection (1)—
(a) sections 271 to 273 of the Town and Country Planning Act 1990 have effect as if references to the acquiring or appropriating authority were to the nominated undertaker, and
(b) sections 271 and 272 of that Act also have effect as if—
(i) in subsection (2), for the words from ““with”” to ““appropriated”” there were substituted “ authorised by the High Speed Rail (London - West Midlands) Act 2017 ”, and
(ii) in subsection (5), for the words from ““local”” to ““or undertakers”” there were substituted “ a person other than a Minister, the Minister ”.
(3) Any reference in the Town and Country Planning Act 1990 to section 271, 272 or 273 (including a reference to a provision of any of those sections) includes a reference to that section (or provision) as applied by subsection (1).
(4) In their application by virtue of subsection (3)—
(a) section 274(3) of the Town and Country Planning Act 1990 has effect as if for ““local authority or statutory undertakers”” there were substituted “ person ”, and
(b) sections 274(5), 279(2) to (4) and 280(6) of that Act have effect as if references to the acquiring or appropriating authority were to the nominated undertaker.
(1) No right of way may be acquired by prescription or user over land which—
(a) forms an access or approach to any railway infrastructure, and
(b) falls within subsection (2).
(2) Land falls within this subsection if it is within the Act limits and—
(a) the land, or a right of way over the land, has been acquired under this Act,
(b) the land, or a right of way over the land, is acquired by the Secretary of State for Phase One purposes otherwise than under this Act on or after the day on which this Act comes into force, or
(c) the land, or a right of way over the land, was held by the Secretary of State for Phase One purposes immediately before that day.
(3) In subsection (1) “"railway infrastructure”” means any building, structure, railway track or other work used, or intended to be used, for Phase One purposes.
(1) The nominated undertaker may use any road situated on land specified in—
(a) the table in Schedule 8, or
(b) the table in paragraph 2 of Schedule 11,
for the passage of persons or vehicles (with or without materials, plant or machinery) for Phase One purposes.
(2) The power under subsection (1) may not be exercised after the end of five years beginning with the date on which Phase One of High Speed 2 is brought into general use.
(3) The nominated undertaker must compensate the person having the management of a road to which subsection (1) applies for any loss which the person may suffer by reason of the exercise of the power under that subsection.
(4) Any dispute as to a person's entitlement to compensation under subsection (3), or as to the amount of compensation, must be determined under and in accordance with Part 1 of the Land Compensation Act 1961.
(1) The nominated undertaker may enter upon and use airspace above the surface of land specified in subsection (7) for the oversailing of cranes used by the nominated undertaker for Phase One purposes.
(2) The power under subsection (1) is exercisable on giving at least 7 days' notice to the owners and occupiers of the land.
(3) The nominated undertaker may not, without the agreement of the owners of the land, use airspace above the surface of the land as mentioned in subsection (1) after the end of 7 days beginning with the date of completion of the activities for which the crane has been used.
(4) The nominated undertaker must pay compensation to the owners and occupiers of land above which the power under subsection (1) is exercised for any loss which they may suffer by reason of the exercise of that power.
(5) Any dispute as to a person's entitlement to compensation under subsection (4), or as to the amount of compensation, must be determined under and in accordance with Part 1 of the Land Compensation Act 1961.
(6) Nothing in this section affects any liability to pay compensation under section 10(2) of the Compulsory Purchase Act 1965 (as applied by section 4(3) to the acquisition of land under section 4(1)) or under any other enactment, otherwise than for loss for which compensation is payable under subsection (4).
(7) This is the land referred to in subsection (1)—
Area | Number of land shown on deposited plans
London Borough of Camden | 865, 866, 877 to 888, 890, 895 to 898, 902, 903, 909, 913 to 915, 922 to 925, 927, 929 to 931, 943, 944, 956, 957, 969, 1039, 1046, AP3-1
London Borough of Hillingdon | 581, 582, 589, 592, 596, 599
(1) This section applies where—
(a) a prohibition or restriction on the use of land is imposed by a covenant or agreement between a person interested in the land (““the promisor””) and the Secretary of State, and
(b) the covenant or agreement is made for Phase One purposes.
(2) The Secretary of State may enforce the prohibition or restriction against persons deriving title from or under the promisor in respect of land to which it relates as if—
(a) the Secretary of State were possessed of adjacent land, and
(b) the covenant or agreement had been expressed to be made for the benefit of such land.
(3) Section 2(c) of the Local Land Charges Act 1975 (under which a prohibition or restriction enforceable by a Minister of the Crown under a covenant or agreement is not a local land charge if binding on successive owners because made for the benefit of land of the Minister) does not apply to the prohibition or restriction.
Section 10(1) of the Compulsory Purchase Act 1965 (compensation for injurious affection) has effect, in relation to land injuriously affected by the execution of works under this Act by the nominated undertaker, as if for ““acquiring authority have”” there were substituted “ nominated undertaker has ”.
(1) Planning permission is deemed to be granted under Part 3 of the Town and Country Planning Act 1990 for the carrying out of development authorised by this Act.
This is subject to the other provisions of this Act.
(2) Where development authorised by this Act consists of the carrying out of a work which is not a scheduled work, subsection (1) does not apply if—
(a) the development is likely to have significant effects on the environment by virtue of factors such as its nature, size or location,
(b) the development is not exempt development within the meaning of the Environmental Impact Assessment Regulations, and
(c) the development is not covered by an environmental assessment in connection with the High Speed Rail (London - West Midlands) Bill.
(3) Schedule 17 imposes conditions on deemed planning permission under subsection (1).
(4) Deemed planning permission under subsection (1) is specific planning permission for the purposes of section 264(3)(a) of the Town and Country Planning Act 1990 (specific planning permission for development of statutory undertakers' land relevant to whether the land is operational land).
(5) Development which has deemed planning permission under subsection (1) is not development of a class for which planning permission is granted by the Town and Country Planning (General Permitted Development) (England) Order 2015 (S.I. 2015/596) (or any order replacing it).
(1) In relation to development consisting of the construction of a scheduled work, it is a condition of the deemed planning permission under section 20(1) that the development must be begun not later than the end of 10 years beginning with the day on which this Act is passed.
(2) The Secretary of State may, in relation to any such development, by order extend the period within which the development must be begun by virtue of this section.
(3) An order under subsection (2) must be made by statutory instrument; and a statutory instrument containing such an order is subject to annulment in pursuance of a resolution of either House of Parliament.
(4) Section 91 of the Town and Country Planning Act 1990 (limit on duration of planning permission) does not apply to deemed planning permission under section 20(1).
(1) The Secretary of State may by order provide, in relation to any work constructed in exercise of the powers conferred by this Act, that section 20(1) is not to apply to development consisting of operations for the maintenance or alteration of the work which are begun on or after a day specified in the order.
(2) The Town and Country Planning (General Permitted Development) (England) Order 2015 (S.I. 2015/596) (or any order replacing that order) has effect in relation to any development excepted from section 20(1) by subsection (1) as if this Act were a local Act.
(3) An order under subsection (1) may make different provision for different cases.
(4) An order under subsection (1) must be made by statutory instrument; and a statutory instrument containing such an order must be laid before Parliament after being made.
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23 Parking at Birmingham Interchange: limit on deemed planning permission
(1) In the case of development consisting of the provision of parking at Birmingham Interchange (““relevant development””), section 20(1) only applies to development which, when taken together with any other relevant development which has deemed planning permission under section 20(1), does not involve—
(a) the provision of more than 7500 parking spaces for cars, and
(b) the provision of more than 5 parking spaces for coaches.
(2) Schedule 17 (planning conditions) does not apply to development to which subsection (1) applies.
(3) The deemed planning permission under section 20(1) for relevant development is to be treated for the purposes of the Development Management Procedure Order (and for no other purpose) as an outline planning permission in respect of which access, appearance, landscaping and layout (in each case as defined by that Order) are specified as reserved matters for the subsequent approval of the local planning authority.
(4) In this section—
(a) “"Birmingham Interchange”” means so much of the land within the Act limits as falls within the area bounded by—
(i) the A452 Chester Road to the east,
(ii) the M42 to the west, and
(iii) the A45 Coventry Road to the south;
(b) “"the Development Management Procedure Order”” means the Town and Country Planning (Development Management Procedure) (England) Order 2015 (S.I. 2015/595) (or any order replacing it);
(c) the reference to development consisting of the provision of parking does not include development consisting of—
(i) the provision of short-term parking for cars, taxis and coaches, or
(ii) the provision of parking on working sites.
(1) Nothing in any enactment relating to burial grounds and no obligation or restriction imposed under ecclesiastical law or otherwise has effect to prohibit, restrict or impose any condition on the use of any land comprised in a burial ground for the purpose of constructing any of the works authorised by this Act.
(2) Subsection (1) does not apply where the use of the land for that purpose would involve disturbing human remains which are buried in it, unless the remains and any monument to the deceased have been dealt with in accordance with Schedule 20.
(3) In this section and Schedule 20 “"monument”” includes a tombstone or other memorial; and references to a monument to a person are to a monument commemorating that person, whether alone or with any other person.
(1) No obligation or restriction imposed under ecclesiastical law or otherwise in relation to consecrated land has effect to prohibit, restrict or impose any condition on the exercise of the powers conferred by this Act with respect to works.
(2) Subsection (1) does not apply in relation to the use of land comprised in a burial ground for the purpose of constructing any of the works authorised by this Act.
No enactment regulating the use of commons, town or village greens, open spaces or allotments, and no enactment specially regulating any land of any of those kinds, prevents or restricts—
(a) the doing of anything for Phase One purposes on land held by the Secretary of State or the nominated undertaker for those purposes,
(b) the exercise of any right of entry under this Act (or the doing of anything pursuant to such a right of entry), or
(c) the doing of anything in exercise of any other power under this Act.
(1) The enactments specified in subsection (2) do not apply to—
(a) tree works which are carried out in relation to a tree growing on land within the Act limits for the purposes of or in connection with the construction of the works authorised by this Act, or
(b) tree works which are carried out in relation to a tree growing on land used for Phase One purposes and are necessary—
(i) to enable works authorised by this Act to be maintained, or
(ii) for reasons of safety in connection with such works or the operation of Phase One of High Speed 2.
(2) The enactments referred to in subsection (1) are—
(a) an order under section 198(1) or 202(1) of the Town and Country Planning Act 1990 and regulations under section 202A(1) of that Act (tree preservation orders), and
(b) section 211(1) and (5) of that Act (preservation of trees in conservation areas).
(3) In this section, “"tree works”” means works consisting of the removal, topping or lopping of a tree or the cutting back of the roots of a tree.
(1) Section 37(1) of the Electricity Act 1989 (which requires the consent of the Secretary of State in relation to overhead lines) does not apply in relation to an electric line where—
(a) the line is installed above land within the Act limits, and
(b) the installation of the line—
(i) is a work authorised by this Act, and
(ii) has deemed planning permission under section 20(1).
(2) Where section 37(1) of the Electricity Act 1989 applies in relation to an electric line—
(a) the installation of which is a work authorised by this Act, or
(b) which is installed, or is to be installed, for the purposes of, in connection with or in consequence of the construction of any work authorised by this Act,
Schedule 8 to that Act (procedure for obtaining consent) has effect as if paragraph 2(2) (public inquiry to be held where planning authority object to consent application) were omitted.
(3) The installation of an electric line by a person other than the nominated undertaker is to be treated for the purposes of subsection (1)—
(a) as a work authorised by this Act, and
(b) as having deemed planning permission under section 20(1),
if, were it carried out by the nominated undertaker, it would be a work authorised by this Act and would have such permission.
(4) The installation of an electric line for the purposes of, in connection with or in consequence of the construction of any work authorised by this Act does not require consent under the Planning Act 2008 (development consent).
(5) In this section, “"electric line”” has the same meaning as in Part 1 of the Electricity Act 1989 (see section 64 of that Act).
(1) Schedule 22 contains provision about the application of various provisions of the Building Act 1984 and building regulations.
(2) Schedule 23 contains provision about the application of the Party Wall etc Act 1996.
(1) The list of objectives in section 4(1) of the Railways Act 1993 (objectives of Office of Rail and Road and Secretary of State) is to be treated, in relation to the Office of Rail and Road only, as including the objective of facilitating the construction of Phase One of High Speed 2.
(2) The Office of Rail and Road must consult the Secretary of State about the discharge of its duty under section 4(1) of the Railways Act 1993 so far as relating to that objective.
(3) This section ceases to have effect on such day as the Secretary of State may specify by order.
(4) An order under subsection (3) must be made by statutory instrument; and a statutory instrument containing such an order must be laid before Parliament after being made.