Works

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) 5works 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
10Staffordshire, with—

(a) a spur from Old Oak Common in the London Borough of
Hammersmith and Fulham to a junction with the Channel Tunnel Rail
Link at York Way in the London Borough of Islington, and

(b) a spur from Water Orton in Warwickshire to Curzon Street in
15Birmingham.

2 Further provision about works

(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) 5carry 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) 10construct, 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
15land;

(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) 20alter 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
25which 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) 30carry 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
35the electric line diversions and other works specified in the table in Schedule 3.

3 Highways

Schedule 4 contains provision about—

(a) highway access;

(b) power to stop up and interfere with highways;

(c) 40construction and maintenance of highways.

Compulsory acquisition of land

4 Power to acquire land compulsorily

(1) 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
5Act, 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
10were a compulsory purchase order.

(5) Schedule 6 contains further provision about the application of compulsory
purchase legislation.

5 Acquisition of rights in land

(1) The power under section 4(1) includes power to acquire such easements or
15other 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) In the case of land specified in the table in Schedule 7, the power under section
204(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.

(3) 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.

(4) 25The 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.

(5) The power to make an order under subsection (4) includes power to make an
30order varying or revoking any order previously made under that subsection.

(6) Schedule 9 contains provision about the application of compulsory purchase
legislation to a compulsory acquisition by virtue of this section.

6 Acquisition of part of land

(1) The provisions of Schedule 10 apply instead of section 8(1) of the Compulsory
35Purchase Act 1965 where—

(a) a notice to treat under Part 1 of the Compulsory Purchase Act 1965, as
applied by section 4(3) to the acquisition of land under section 4(1), is
given in respect of land forming part only of a house, building or
manufactory or part only of land consisting of a house with a park or
40garden, and

(b) a copy of this section and Schedule 10 is given with the notice to treat.

(2) Nothing in this section or Schedule 10 applies in relation to a compulsory
acquisition under section 4(1) by virtue of section 5 (acquisition of rights or
imposition of restrictive covenants).

7 Acquisition of airspace

(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
5section 4(1) in relation to airspace only—

(a) section 8(1) of the Compulsory Purchase Act 1965 (limitation on right
to require person to sell part only of any house, building, manufactory
or park or garden belonging to a house);

(b) Schedule 1 to the Compulsory Purchase (Vesting Declarations) Act
101981 (corresponding provision in case of general vesting declaration).

8 Acquisition of subsoil or under-surface

(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
15section 4(1) in relation to subsoil or under-surface only—

(a) section 8(1) of the Compulsory Purchase Act 1965 (limitation on right
to require person to sell only part of a house, building, manufactory or
park or garden belonging to a house);

(b) Schedule 1 to the Compulsory Purchase (Vesting Declarations) Act
201981 (corresponding provision in case of general vesting declaration).

(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
25section 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.

9 Highway subsoil

(1) The nominated undertaker may enter upon, take and use for the purposes of
30the 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
35construction 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) 40the 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
5to 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
10street 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) 15Any 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
20applies (sharing of cost of necessary measures) in respect of measures of which
the allowable costs are to be borne in accordance with that section.

10 Termination of power to acquire land

(1) After the end of the period of 5 years beginning with the day on which this Act
is passed—

(a) 25no 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
30the 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) 35An 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).

Extinction and exclusion of rights over land

11 40Extinction of rights over land

Schedule 14 contains provision about the extinction of private and other rights
over land.

12 Extinction of rights of statutory undertakers

(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
5connection 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
10to 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 2015”, and

(ii) 15in 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
20reference 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 undertaker” there were substituted
“person”, and

(b) 25sections 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.

13 Exclusion of new rights of way

(1) No right of way may be acquired by prescription or user over land which—

(a) 30forms 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) 35the 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) 40In subsection (1) “railway infrastructure” means any building, structure,
railway track or other work used, or intended to be used, for Phase One
purposes.

Temporary possession and use of land

14 Temporary possession and use of land

Schedule 15 contains provisions about temporary possession and use of land
in connection with the works authorised by this Act.

15 5Use of roads

(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
10machinery) 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
15management 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.

16 20Cranes

(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
25to 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) 30The 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
35accordance 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) 40This is the land referred to in subsection (1)—

17 Enforcement of restrictions on land use

(1) This section applies where—

(a) a prohibition of or restriction on the use of land is imposed by a
covenant or agreement between a person interested in the land (“the
10promisor”) 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) 15the 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
20agreement 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.

18 Compensation for injurious affection

Section 10(1) of the Compulsory Purchase Act 1965 (compensation for
25injurious 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”.

Planning

19 30Deemed planning permission

(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) 35Where 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
40Environmental 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 16 imposes conditions on deemed planning permission under
subsection (1).

(4) 5Deemed 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
10not development of a class for which planning permission is granted by the
Town and Country Planning (General Permitted Development) Order 1995
(S.I. 1995/418S.I. 1995/418) (or any order replacing it).

20 Time limit on deemed planning permission

(1) In relation to development consisting of the construction of a scheduled work,
15it is a condition of the deemed planning permission under section 19(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
20this 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
25planning permission) does not apply to deemed planning permission under
section 19(1).

21 Power to disapply deemed planning permission

(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 19(1) is
30not 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) Order
1995 (S.I. 1995/418S.I. 1995/418) (or any order replacing that order) has effect in relation to
any development excepted from section 19(1) by subsection (1) as if this Act
35were 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
40after being made.

22 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 19(1) only applies