Out-Law News 2 min. read

HS2 legislation should be passed more quickly, says expert


The Government should not delay new laws to allow a £32 billion national high speed rail network to go ahead, an infrastructure law expert has said.

Transport Secretary Justine Greening has announced that the first phase of the new network, dubbed High Speed 2 (HS2), will operate between London and Birmingham by 2026. Legislation that will enable construction to begin is due to be introduced at the end of next year.

However Patrick Twist of Pinsent Masons, the law firm behind Out-Law.com, urged the Government not to delay, but to commence building work "at the earliest opportunity".

"HS2 will create a step change in capacity and connectivity between England's largest cities. It will enable the economy to grow, creating jobs and spreading prosperity more evenly through the country. The new railway now needs to be advanced with a firm commitment that builds on the impetus of today's announcement," he said.

"It is two and half years since the proposal for HS2 was first announced and [the Transport Secretary] has indicated today that she intends to delay the introduction of legislation until the end of 2013," he said. "That should not be allowed to happen. David Cameron has stated his firm support for HS2 on several occasions - he needs to back that up by putting the full authority of the Government behind building HS2 at the earliest opportunity so that we can all have the benefits of it."

Trains capable of reaching speeds of up to 250 miles per hour will cut journey times between Birmingham and London to 45 minutes, the Government said. A proposed second phase of the project envisages the construction of an onward 'y network' connecting the line to Manchester and Leeds, as well as a spur to Heathrow Airport, by 2033. The Government said that a formal consultation on routes for the second phase of the project would begin in early 2014.

Speaking before the announcement shadow Transport Secretary Maria Eagle said that the Government's refusal to commit to the entire network in its initial proposals raised "real doubts" about their commitment to extending the line to the north of England.

"Unless they agree to [the Labour Party's] proposal to legislate for the entire route in one piece of legislation then any commitment to build the whole route will be seen as an empty promise. At the very least they should accept the Transport Select Committee's proposal to include a clear commitment to the second phase on the face of the initial bill," she said.

In her statement to Parliament, Greening said that the route for the London to Birmingham line will differ from that outlined in the Government's consultation into the project to reduce its impact on local communities and the environment. Changes include longer tunnels to reduce the noise and visual impact of the line, and a curved diversion from the original route to avoid "a cluster of important heritage sites". The HS2 scheme has attracted some strong opposition from local authorities and residents' groups along the proposed route.

The revised route also halves the number of homes at risk of land take or compulsory purchase, and reduces the number likely to experience increased noise levels by one third. The Government said that it would bring in a package of measures for affected homeowners including a streamlined purchase scheme, 'before and after' surveys for properties above tunnels and a faster and simpler small claims scheme for damage caused by the construction process.

The new line will deliver £6.2bn more in economic benefits than an equivalent line running at conventional speed, the Government said.

In a statement, Greening said that the new network will provide the UK with additional capacity, connections and speed which would help create "jobs, growth and prosperity for the entire country".

"HS2 will link some of our greatest cities – and high speed trains will connect with our existing railway lines to provide seamless journeys to destinations far beyond it. By attracting passengers off existing rail lines, roads and domestic air services, its benefits will be felt far beyond the network. No amount of tinkering with our Victorian rail infrastructure will deliver this leap in capacity," she said.

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