Third Special Report of Session 2017–19 Contents

1Introduction

High Speed 2

1.High Speed 2 is a national high-speed rail network, consisting of a new double-track railway which when finished will directly connect London, Birmingham, the West Midlands, Leeds and Manchester.1 In order to manage such a large infrastructure project the government has divided the necessary legislation into three parts:

a)Phase 1 - London to the West Midlands (enabling works have begun at Euston station and the first HS2 services will begin in 2026);

b)Phase 2a - the West Midlands to Crewe, (construction work will begin in 2020 with the first services to begin in 2027, assuming Royal Assent of the Bill);

c)Phase 2b - which consists of railway lines from Crewe to Manchester, and Birmingham to Leeds.2

The first HS2 services will begin in 2033.

2.The principle of the High Speed Rail (West Midlands - Crewe Bill) is regarded as having been agreed to on Second Reading. On Second Reading the House agreed to “the provision of a high speed railway between a junction with Phase One of High Speed 2 near Fradley Wood, in Staffordshire, and a junction with the West Coast Mainline near Crewe in Cheshire … .its broad route alignment, and the fact that there are to be no new stations on, or additional spurs from, the railway”.3

3.This report is about Additional Provision 2 to the High Speed Rail (West Midlands - Crewe) Bill and continues some themes from our earlier reports. This is our final report.

4.Phase 1, the High Speed Rail (London-West Midlands) Bill was introduced in November 2013 and made provision for the building of a high speed railway from London to the West Midlands.4 The High Speed Rail (London-West Midlands) Act came into force in 2017. Archeological ground work and enabling works have begun at Euston with engineering works expected to start in June 2019. The planned opening date for the whole route, assuming the necessary legislation is passed, is 2033. The High Speed Rail (Preparation) Act 2013 authorised the Secretary of State to incur expenditure in preparation for the construction of a high speed rail network.5

Parliament and the Committee

5.The building of the railway will be provided under powers granted by Parliament. Parliament is to scrutinise the proposed legislation, and, where appropriate amend the draft legislation before approving it.6

6.The Phase 2a High Speed Rail (West Midlands-Crewe) Bill is a hybrid bill. A hybrid bill is subject to certain parliamentary proceedings in addition to the usual stages of the passing of a public bill. In the case of a hybrid bill, individuals and businesses who are affected by the changes proposed in the Bill and the Additional Provisions may petition Parliament, and can put their case to the Committee. This particular hybrid bill sets out a route and gives outline permission needed to build the railway. The Committee’s role was limited to hearing petitions against the proposals contained in the Bill and the additional provisions and to aid resolution between parties and make decisions.

7.The proposed route of the railway is set out in the plans, which under the rules (Standing Orders) for both the House of Commons and House of Lords, must be deposited in Parliament with the Bill. Schedule 4 to the Bill gives the Secretary of State power to acquire land compulsorily “so much of the land within the Act limits as may be required for Phase 2a purposes.” Schedule 6 contains provision about the particular purposes for which the land specified within that Schedule and shown on the Bill plans may be acquired, so that it may be used for the purposes of constructing and maintaining works as laid out in Schedule 1.7 In the Bill, the Secretary of State is obliged to list the areas in which major works will be undertaken.

8.The High Speed Rail (West Midlands - Crewe) Bill was introduced on 17 July 2017, and received its Second Reading on 30 January 2018. On Second Reading the Bill was committed to a Bill Select Committee.8

9.Petitioning against the Bill opened on 31 January and closed on Monday 26 February 2018. The Committee received 187 petitions.

10.Submitting a petition alerts HS2 to the objections of those who are directly and specially affected by to the proposed Scheme. HS2 may negotiate with the petitioner. Whilst the Bill passes through parliament, HS2 continues to work on the design of the railway. Changes will be made which may remove the concerns of some petitioners. If any proposed changes go beyond what is contained in the Bill, an Additional Provision to the Bill must be submitted. The final design of the railway is likely to be similar to that indicated in the plans at the outset and although the Committee has the power to make changes it may not alter the route of the railway, and has been given instructions for “no new stations on, or additional spurs”.9

11.Some petitioners requested from the Committee a deferral of the petition hearing as they understood from HS2 that the provisions set out in the first Additional Provision (AP1) and second Additional Provision (AP2) may remove the necessity to appear before the Committee. The Committee agreed to 30 deferrals for the Bill and AP1.10

Additional Provisions

12.The Second Special Report of the HS2 Phase 1 Select Committee gives the following definition: “Additional provisions are amendments to the Bill- powers which go beyond the scope of the original proposals and which may potentially have adverse direct and special effects on particular individuals or bodies, over and above any effects on the general public”.11

13.An Additional Provision is comprised of proposed amendments to the Bill, plans that show the proposed changes, a Book of Reference identifying the owners and occupiers of the affected land and the Additional Provision Environmental Statement.

The first Additional Provision (AP1)

14.AP1 was deposited on 23rd March 2018. Changes related to the design of utility works and minor highway works. AP1 affected community areas12 1 (Fradley to Colton), 2 (Colwich to Yarlett), 3 (Stone to Swynnerton) and 5 (South Cheshire area) and proposed 78 design changes.

15.Proposed changes include the raising of the alignment of the HS2 main line from the B5026 Eccleshall Road to the northern extent of Yarnfield North embankment; raising the viaduct crossing of the Norton Bridge to Stone Railway and Filly Brook; and the horizontal realignment of the HS2 main line from the northern extent of Yarnfield North embankment to the Tittensor Road overbridge; it also includes some diversion works to utilities, construction traffic routes, highways improvements, revised flood mitigation measures around the Stone Infrastructure Maintenance Base and Norton Bridge to Stone Railway; and changes to earthworks.

16.The petitioning period for the Additional Provision opened on Thursday 29 March 2019 and closed on Friday 27 April 2018. The Committee received 33 petitions against AP1. On 24 May 2018 we published our First Special Report and on 23 July 2018 we published our Second Special Report. These reports recorded decisions of the Committee in relation to petitioning against the Bill and AP1.13

The second Additional Provision (AP2)

17.AP2 was deposited on 8 February 2019 and introduces 287 individual changes, 28 of which were as a result of settling with petitioners or directions from the Committee, the rest being further development of the design, principally in relation to utility works. It contains changes to engineering, and minor utility works and amendments to change Schedule 8 to the Bill.14 (Schedule 8 specifies land in respect of the compulsory purchase of land on which the powers of acquisition are limited to acquisition of rights or imposition of restrictive covenants.) We received 82 petitions against AP2.

18.AP2 outlines a new proposal for a replacement traction power supply route from Newlands Lane to “Parkgate” in Staffordshire. This change proposes bringing the electricity supply for the railway through a 7.7km double run of pylons. The Bill Scheme proposes bringing power through the decommissioned Rugeley power station.

19.AP2 also includes provisions for the lowering of the Kings Bromley and Trent viaducts, highway works to improve capacity for HS2 construction traffic and changes to the design at the Crewe interchange, as well as reconfiguration of the junction at Handsacre, and the addition of a tunnel boring machine and permanent power supply route at Whitmore and Madeley.

20.In this report we outline our decisions and conclusions in relation to AP2. The full texts of each petition and the transcripts of each hearing are available on the Committee’s website.15 Some matters were resolved through negotiation between the petitioner and HS2 and before the petitioner was scheduled to appear before the Committee.

Governance

Independent assessment

21.Under Standing Order 224A of the House of Commons and Standing Order 83A of the House of Lords, the Examiners of Petitions for Private Bills commissioned an independent assessor to study and summarise the comments received as part of the consultation on the Environmental Statement accompanying the Bill and the Supplementary Environmental Statements relating to the Additional Provisions. The text of those reports can be read on Parliament’s Bill web page.16

Compliance with the Standing Orders of the House of Commons and House of Lords

22.The Bill, the Additional Provisions and supplementary Environmental Statements must comply with the Houses’ Private Business Standing Orders. HS2 Ltd appears before the Examiners of Petitioners for Private Bills to prove that all the necessary steps have been taken to publicise the proposed scheme and notify owners, lessees and occupiers, alerting them to the Scheme. Where certain Standing Orders were found not to be complied with, the question of whether the Standing Order requirements would be dispensed with was considered by the Standing Order Committees in the two Houses. In each case, the non-compliance related to deadlines designed for private bills and were dispensed with.

Examinations and Standing Order Committee meetings

Table 1: Table with date of examinations and Standing Order Committee meetings

Examination

HC SOC

HL SOC

Bill

12 September 2017

20 November 2017

12 September 2017

21 November 2017

AP1

23 April 2018

10 May 2018

23 May 2018

AP2

13 March 2018

27 March 2019

2 April 2019

Petitioning periods HS2 Phase 2a Bill

Date announced

Period

Newspaper notice (first insertion)

Bill

Committal motion, Votes and Proceedings 30 Jan 2018

30 January - 26 February

20 July 2017

AP1

Private Business, 26 March 2018

29 March - 27 April

29 March 2018

AP2

Private Business, 11 February 2019

15 February - 15 March

13 February 2019

Next parliamentary stages

23.Following this final report of the Bill Select Committee, the Committee of Selection will appoint a Public Bill Committee which will examine the Bill as amended in the Bill Select Committee, considering it Clause by Clause using the same procedures as Public Bill Committees on other Government Bills. The Bill will then return to the Floor of the House for report stage and Third Reading before it passes to the House of Lords for scrutiny there.

24.The House of Lords will take the Bill through the same stages as the Commons with people specially and directly affected having their petitions heard by a Bill Select Committee in the House of Lords.

25.Once the legislation introduced by the Government passes through all stages in both Houses it receives Royal Assent. This gives outline planning consent to proceed with the proposed rail link and the detailed design of the proposed railway can begin.17

26.We expect HS2 on behalf of the Secretary of State to respond to this report in time for the Third Reading debate in the House of Commons.

Acknowledgements

27.Particular thanks go to the Clerks to the Committee who have supported our efforts over the last 16 months, namely Lis Gerhold and Rob Cope, and David Walker, Programme Manager. We also thank all those involved in the process.


1 Cm 8247 was presented to Parliament in January 2012 “High Speed Rail: Investing in Britain’s Future - Decisions and Next Steps”.

2 HS2 Phase 2b

4 HS2 Phase 1

5 High Speed Rail (West Midlands - Crewe Bill) Explanatory Notes, para 4

6 For example, Channel Tunnel Act 1987, Crossrail Act 2008

7 Schedule 1 of the Bill: Construction and maintenance of works; description of scheduled works listed by work nos. 1 - 131.

8 See Committal Motion at Second Reading https://hansard.parliament.uk/commons/2018–01–30/debates/DFB17084-CBF7–4618–9E12–6252FE0DE218/HighSpeedRail(WestMidlands-Crewe)Bill#contribution-902A9218–3998–4167-A4B8-F14524FB5357

9 Ibid

10 See Annex B

11 HC 129, Session 2015–16, paragraph 8

12 The Environmental Statement divides the route into five community areas and HS2 deposited five associated map books with the Bill

13 First Special Report, HC 1085, 24 May 2018, and Second Special Report, 23 July 2018, HC 1452

14 The changes proposed relating to Schedule 8 applies to Community Area 4 only

17 Parliament gave Royal Assent to the High Speed Rail (London - West Midlands) Bill on 23 February 2017. Preparatory work has begun in London at Euston, to enable the building of the first phase of the rail link.




Published: 7 June 2019