HIGH SPEED TWO INFORMATION PAPER C4: LAND ACQUISITION AND DISPOSAL
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HIGH SPEED TWO
INFORMATION PAPER
C4: LAND ACQUISITION AND DISPOSAL
This paper outlines the policy on land acquisition and disposal for Phase One of
HS2. It includes the terms on which land may be acquired and the
circumstances in which not all the land identified in the limits of deviation may
be acquired.
It will be of particular interest to those potentially affected by the Government’s
proposals for high speed rail.
This paper will be updated as required. If you have any queries about this paper
or about how it might apply to you, please contact the HS2 Public Enquiries
desk.
The Public Enquiries Team can be contacted at
High Speed Two (HS2) Limited
2nd Floor, Eland House
Bressenden Place
London SW1E 5DU
By email: HS2enquiries@hs2.org.uk
By Phone: 020 7944 4908 (lines are open Monday to Friday 9am – 5pm)
C4 - Land Acquisition and Disposal
Version 1.0C4: Land Acquisition and Disposal
1.1 Introduction
1.1.1 HS2 is the Government’s proposal for a new North South railway between London,
Birmingham, Leeds and Manchester. The proposal is being taken forward in two
phases.
1.1.2 The High Speed Rail (London – West Midlands) Bill (‘the Bill’) will, if enacted, provide
powers for the construction and operation of Phase One of HS2 (‘the Proposed
Scheme’). The Secretary of State for Transport (‘the Promoter’) is responsible for the
promotion of the Bill through Parliament. HS2 Ltd - a non-departmental public body
which works to a remit set by the Secretary of State - is responsible for developing
and promoting proposals for high speed rail, including undertaking the Environment
Impact Assessment and producing the Environmental Statement and other
documents that accompany the Bill.
1.1.3 The ‘nominated undertaker’, under the Bill, is the body appointed by the Secretary of
State that is responsible for delivering the Proposed Scheme under the powers
granted by the Bill.
1.1.4 This information paper outlines the policy on land acquisition and disposal for the
Proposed Scheme. It includes the terms on which land may be acquired and the
circumstances in which not all the land identified in the limits of deviation may be
acquired.
1.2 Land Acquisition Policy
1.2.1 The Bill generally includes full land acquisition powers. However, in any individual
case, the exercise of these powers will operate on the basis that the Secretary of State
will acquire no greater amount of land than appears to him to be reasonably required
following detailed design of the scheme.
1.2.2 The Bill seeks powers for the compulsory acquisition of land within Bill limits. These
limits are intended to ensure sufficient flexibility in the detailed design of the scheme.
The full extent of land within the limits will not necessarily be acquired. If it should be
practicable to acquire a smaller area of land without compromising the Secretary of
State's ability to secure the construction and implementation of the project in a timely
and economic manner, and it becomes clear not all the land within limits is required,
the Secretary of State will not seek to acquire this land and will be prepared to give
the necessary assurances to the landowners in question.
1.3 Compensation
1.3.1 Payment of compensation for land compulsorily acquired will be in accordance with
the general statutory framework incorporated within the Bill (and the generalcompensation code as interpreted by the Courts and the Upper Tribunal Lands
Chamber).
1.3.2 The general purpose of the statutory framework is to provide fair compensation for a
person whose land has been compulsorily taken. Where applicable, compensation
payable will be the open market value of the land acquired (assuming it is sold by a
willing seller) plus home loss payments, or basic and occupier's loss payments,
disturbance (including stamp duty in relation to replacement property), diminution in
value of retained land and other losses arising as a direct and reasonable consequence
of the acquisition.
1.3.3 For further information, see the Department of Communities and Local Government
booklet 'Compulsory Purchase and Compensation, Compulsory Purchase Procedure'.
https://www.gov.uk/government/organisations/department-for-communities-and-
local-government/series/compulsory-purchase-system-guidance
1.4 Worksites and other Temporary Land Requirements
1.4.1 The Bill generally contains permanent acquisition powers to acquire the freehold
interests in worksites due to the length of time they will be occupied.
1.4.2 Worksites and other temporary land requirements are often formed from a number of
different land parcels in different ownership and can be split into two categories:
Where the nature of the site will not materially change and no new railway
works will be constructed on the site. Often these sites can be returned to
their original use. In these cases, the Secretary of State will normally be willing
to agree to acquire lesser rights.
Where the nature of the site will materially change through demolition of
existing buildings or construction of railway works on the site the freehold
interest will be acquired.
1.4.3 In considering the question of “material change” the Secretary of State will apply the
approach set out in the Crichel Down Rules (see Part 2 of the Memorandum to ODPM
Circular 06/20042).
1.4.4 Once it is no longer required for construction, a worksite or other temporary land
requirement that has been permanently acquired will normally be offered back to the
original owners at market value in line with the Land Disposal policy (see section 1.9
below).
1.5 Rural Landowners and Occupiers
1.5.1 Compensation payable on the compulsory acquisition of interests in agricultural land
is assessed in accordance with the principles of the general compensation code which
includes special agricultural provisions. Because the impacts that the Proposed
Scheme will have on agricultural holdings will vary depending on the size of theholding, activities on the land and the nature of the business, HS2 Ltd intends to work
with the farmers and landowners to understand the effect that the Proposed Scheme
will have on their business and to work together to reduce its impacts. Further
information is in the Rural Landowners and Occupiers Guide, Information Paper C2.
1.6 Business Relocations
1.6.1 Businesses displaced by the Proposed Scheme will be fully compensated within the
provisions of the compulsory purchase legislation. The Secretary of State recognises
the importance of the business being able to relocate from one premises to another in
as smooth as process as possible.
1.6.2 It is in the interests of both the business owner/occupier and the Promoter to limit the
impact of the project on businesses to avoid or reduce claims for compensation. Close
contacts will be developed with the business owner, property agents, landowners,
developers and local authorities to reduce the impacts on the business operations and
to negotiate an appropriate solution.
1.7 Utilities
1.7.1 Where rights over land only are required for utilities diversions, although the Bill
provides for powers to acquire the freehold of the land outright, the Secretary of State
is prepared to consider acquiring a lesser right where this is appropriate.
1.8 Land Disposal Policy – General Approach
1.8.1 The key elements of the Land Disposal policy are set out below. A further Information
Paper setting out the policy in more detail will be developed in due course.
1.8.2 The Secretary of State will normally offer surplus property, acquired under
compulsory powers, back to the former owner at market value, except:
where the works have materially changed its character;
where the site is needed for railway purposes or associated redevelopment or
regeneration. Clause 47 of the Bill provides powers to acquire adjoining land
parcels in order to maximise the regenerative opportunity.
where the site is required for environmental mitigation, including the provision
of replacement of community facilities or wildlife habitats;
where former owners will not comply with undertakings;
where the site is too small to dispose of; or
where it makes sense to pool the land with adjoining ownerships
1.8.3 The interpretation of ‘materially changed’ will follow the approach set out in the
Crichel Down Rules (see Part 2 of the Memorandum to ODPM Circular 06/20042).1.8.4 In deciding how and when to dispose of surplus land, the Secretary of State will also
be guided by the following principles:
The proper completion and operation in the public interest of the works as
authorised by the Bill.
The paramount requirement to protect the future safe and efficient operation
of the railway.
The need to fulfil any undertaking given by the Secretary of State in respect of
the Bill or comply with any legal obligations to which he is subject.
The need to secure in the public interest the carrying out of development or
redevelopment associated with the works, in accordance with the planning,
environmental and heritage considerations applicable to the sites affected.
The need for the land disposal to achieve the best value reasonably obtainable
in so far as this is consistent with the principles outlined above.
1.8.5 The policy and powers on land acquisition and disposal seek to strike the right balance
between ensuring the project is implemented successfully and the interests of
affected property owners.
1.9 More Information
1.9.1 More detail on the Bill and related documents can be found at: www.hs2.org.ukYou can also read
