Government to consult on HS2 compensation

The Government is to re-open its consultation on property compensation as part of the planned new high speed rail link, following a ruling at the High Court.

Work on phase one of the HS2 project from London to Birmingham will continue after a High Court ruled in the Government’s favour on nine out of 10 points being challenged as part of a Judicial Review.

However, the consultation into compensation for those affected along the route was ruled “unlawful” by the judge.

Rail minister Simon Burns MP has now decided that instead of appealing this decision the Government will re-run the consultation in line with the judge’s finding that, "further consideration should have been given to other potential compensation models."

NFU planning adviser Ivan Moss said: "The NFU will study the transcript of the court’s decision as soon as it is available. The fact that the Government will have to re-consult on their compensation proposals is good news as it gives another opportunity to press the case for a fair compensation system based on a Property Bond which has widespread support."

The CLA said that the High Court's decision on the HS2 Compensation consultation gives the Government a 'golden opportunity' to completely rethink the way it compensates those affected along the proposed route.

CLA Vice-President Ross Murray said the current compensation regime fails to balance the need for new infrastructure with the rights of the private landowner.

"The inherent unfairness in the current system inevitably leads to conflict and delays increasing the costs for acquirers and those affected. We therefore urge the Government to consider again the recommendations set out in our report 'Fair Play: CLA vision for reform of the compulsory purchase system'

"Our reform proposals set out an approach which would deliver a better balance between the interests of the parties, reduce conflict and lead to better projects that take into account the impacts on those affected, and mitigate them better."

"We believe a reformed compulsory purchase system must include the following key elements: a duty of care with an enforceable code of practice, fairer compensation provisions with greater emphasis on mitigation works, a property purchase guarantee scheme to deal effectively with blight, and the duty to take only the minimum amount of land permanently required and return any land that becomes surplus at any time."