Oxford to Cambridge- A Run Through of Current and Proposed Infrastructure Schemes - CLA
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Oxford to
Cambridge –
A Run Through of Current and
Proposed Infrastructure
Schemes
14 November 2017
Welcome Robin Edwards CLA, Regional Director
Future Events 21st November 2017 – Strong Foundations – Meeting Rural Housing Needs 6th December – Woodland Management at Leconfield 16th January 2018 – The Economics of Renewables, Making a Business Investment Case Please visit www.cla.org.uk or call 01264 313 434 for further information.
Compulsory Purchase Update Andrew Shirley CLA, Chief Surveyor
OUTLINE Introduction Why compulsory purchase is important HS2 Government Direction – January 2015 October 2015 Guidance Housing and Planning Act 2016 Neighbourhood Planning Act 2017 Government Direction - May 2017 Legislative Gains
INTRODUCTION Who are the CLA Andrew Shirley, Chief Surveyor Property and Business Team Regional Teams
WHY COMPULSORY PURCHASE IS IMPORTANT Affects most members – greater or lesser extent Utilities HS2 Road schemes Other Development: schools, employment space, reservoirs etc. Increasing reliance
HS2: Phase 1 Petitioning
CLA approach
• Petition on many issues appear on a few
Petitioning House of Commons
Land take Replacement Buildings
Blight Notice limits Advance Compensation
Enhanced Complaints Interest Rates
Commissioner
Petitioning House of Lords
Duty of Care Acquisition and Regeneration
disposal (Cl.48)
HS2: Phase 1 CLA Gains
As a result of our petitioning we received 23 Assurances and
progress in the following areas
• Alternative Dispute Resolution (ADR) process with the power to
look at Advance Payments;
• HS2 Ltd will not acquire agricultural land permanently that it only
requires temporarily;
• In most cases HS2ltd will give longer than the 28 day notice for
temporary land.
• DCLG clearer guidance on replacement buildings
• Clearer HMT guidance on capital taxes
• Removal of Clause 48 (i-iii) High Speed Rail (London- Midlands)
Bill
Government Direction 1
George Osborne 15 Jan 2015
“We should change our outdated compulsory purchase regime. Both
the London School of Economics (LSE) Growth Commission and
Chambers of Commerce have had the bright idea that, in some
cases, if you pay people a little more you’d get planning a little
quicker and the whole process could cost you less. That’s
something we’ll consult on at the Budget.”DCLG October 2015 Guidance
Pg 7 when assessing compensation
• Acquiring authorities can consider all of the costs involved in the
compulsory purchase process when assessing the appropriate
payments for purchase of land in advance of compulsory
purchase. For instance, the early acquisition may avoid some of
the following costs being incurred:
• Legal fees (order making process/ objections/compensation).
• Wider compulsory purchase order process costs
• The overall cost of project delay.
• Any other reasonable linked costs
In order to reach early settlements, public sector organisations
should make reasonable initial offers and be prepared to engage
constructively with claimants about relocation issues and mitigation
and accommodation works where relevant.HOUSING AND PLANNING ACT 2016 S.160 NSIP Projects S172-179 Right to enter and survey land S.194-195 Advance payment of compensation S.196 Interest on advanced compensation
NEIGHBOURHOOD PLANNING ACT 2017 S.32 Definition of Scheme S.18-31 Temporary possession of land S.38-39 Advance payment of compensation & interest
Government Direction 2
Conservative Party Manifesto (May 2017)
We will reform Compulsory Purchase Orders to make them easier
and less expensive for councils to use and to make it easier to
determine the true market value of sites.”
Civitas report (May 2017)
Encourage the use of compulsory purchase powers not just on
stalled sites but on sites where there is a failure to deliver on build
rates agreed in planning contracts.
Require local authorities to compulsorily-purchase land for
residential development, at values that do not incorporate
prospective planning permission.LEGISLATIVE GAINS
Removal of Clause 48 (i-iii) High Speed Rail (London- Midlands)
Bill
s.159 H&P Act 2016 – Advance Payment of compensation
s196(3) H&P Act 2016 – Payment of compensation on
overdue advance payment (promised at a penal rate of 8%abr,
we will keep up the pressure on HMT to publish the SI)
s.32(3) NP Act 2017 – limited extension of “the scheme”
s.24 NP Act 2017 – payment of compensation in advance of
temporary occupationOxford to Cambridge Infrastructure Schemes & Compulsory Purchase Practical Tips Robert Bruce Freeths LLP, Partner
Topics 1. East West Rail 2. Oxford to Cambridge Expressway 3. HS2 4. Practical tips 17
East West Rail 18
East West Rail 19
TWAO progress on East West Rail Western section (Oxford - MK- Bedford) • Phase 1 – Oxford to Bicester works now complete. • Phase 2 – TWAO application not yet made. 20
TWAO progress on East West Rail
Central section (Bedford – Cambridge)
• Most difficult and costly section of East West Rail as
former railway dismantled and land disposed of.
• Large scale land acquisition will be required.
• Preferred corridor for Central Section is via Sandy
(junction with East Coast Mainline near A1).
• TWAO not yet made.
21TWAO progress on East West Rail
Eastern section (Cambridge-Norwich/Ipswich)
• At the early study stage - Atkins / EWRC, July 2017.
TWAO not yet made.
• Currently extensively used by freight as well as
providing for some passenger services (hourly
services).
• Railway infrastructure in place, but routes are
underused. Sections of single track restrict performance
and capacity.
• Study found strong case for intervention, in terms of
both catering for existing demand and forecast growth,
as well as acting as catalyst and driver for further
development and regeneration.
22East West Rail
Transport and Works Act Order (TWAO)
• Authorise guided transport schemes (eg railways and
tramways) etc.
• Can only be used for schemes that are not NSIPs (ie
NSIPs are for larger rail works greate than specified
criterion).
• Order applied for by promoter (ie EWRC).
23East West Rail
TWAO authorisation includes
• Powers to construct, alter, maintain and operate a
transport system.
• Compulsory purchase powers.
• The right to use land (eg for access or temporary works
site).
• Closure or alteration of roads and footpaths.
• Provision of temporary alternative routes.
• Safeguards for public service providers and others.
• Powers for making bylaws.
• TWAO does not grant planning permission or listed
building consent, but promoter can ask SofS to grant at
24
same time (if not permitted development).East West Rail
Transport and Works Act Order (TWAO)
• At same time as making application, applicant must advertise
scheme in local newspapers, send notices to owners, lessees and
occupiers affected by compulsory purchase and notify list of public
bodies.
• 6 week objection period – objections sent to SofS.
• Statutory objectors right to be heard - owners, lessees & occupiers
whose land is to be compulsorily acquired and the local authority.
• Reach settlement?
• Public inquiry or hearing for objections not withdrawn.
• Order made by Secretary of State.
• 6 week legal challenge period:
– S22, statutory judicial review.
– JR of planning permission etc.
• Acquisition, compensation claims, settlement, Tribunal reference.
25Oxford to Cambridge Expressway 26
Oxford to Cambridge Expressway
• East – west expressway route from Oxford to Cambridge, via
Bedford and Milton Keynes.
• Linking existing roads and building new ones.
• Aim of expressway is to improve connectivity and unlock
strategic growth sites in Oxford – Milton Keynes -
Cambridge growth corridor.
• £3 - £3.5b.
27Oxford to Cambridge Expressway 3 Options (Stage 3 study, 2016) 28
The Expressway – Traffic issues Existing AM congestion (Stage 3 study, 2016) 29
The Expressway – Traffic issues Existing PM congestion (Stage 3 study, 2016) 30
The Expressway
NIC Initial Report, November 2016
• Joined-up strategy linking infrastructure, homes and
employment.
• To maximise benefits of significant new infrastructure
investment, local stakeholders will need to demonstrate
collective strategic leadership, often across administrative
administrative borders.
• Recommendation - Local authorities, LEPs, government and
national delivery agencies, should work together to develop
an integrated strategic plan for infrastructure, housing and
jobs across the corridor.
31Oxford to Cambridge Expressway
NSIP
• Nationally Significant Infrastructure Projects (NSIPs) – Planning Act
2008.
• Example NSIPs:
– Highways:
• Wholly within England.
• SofS/Highways England = highway authority.
• Motorway = 15 hectares; highway, other than a motorway,
where speed limit 50+ miles = 12.5 hectares; any other
highway = 7.5 hectares.
– Railways:
• Wholly within England.
• Part of rail network of approved operator (eg Network Rail).
• Continuous length of more than 2km.
• Not on operational land.
• Not permitted development.
32Oxford to Cambridge Expressway
DCO authorisation for highways includes
• NSIPs require a DCO under Planning Act 2008.
• DCOs combine a number of consents and authorisations
under different regimes into a single order. eg for highways:
– Planning permission.
– Listed building consent.
– Scheduled monument consent.
– Highway orders.
– Toll orders.
– Compulsory purchase powers.
• DCO can also consent:
– Associated development (excludes dwellings, but not
temporary workers accommodation).
– Related housing development.
• DCOs seek to streamline the consenting process.
33Oxford to Cambridge Expressway
DCO procedure
• Process is front loaded - Applicant under statutory duty
to carry out pre-application consultation process (large
DCO applications 12 -18 months to prepare).
• Applicant lodges application, ES and draft DCO
(including land interests to be compulsorily acquired).
• Applicant notifies application including in newspaper &
owner, lessees & occupiers of land to be acquired.
• At least 28-30 days for objections.
• Examination by Planning Inspectorate (3-6 months).
• SofS grants DCO (3 months).
• 6 week legal challenge period.
• Acquisition, compensation claims, settlement, Tribunal
reference.
34HS2 35
HS2 36
Progress on HS2
• Phase 1 (London to the West Midlands)
– High Speed Rail (London – West Midlands Act 2017.
– First construction contracts have been let.
– First GVDs have been made.
– Preparatory works have commenced (eg
archaeology & habitats).
– Programmed to open in 2026.
– Now an issue of compensation etc.
• Acquisition etc.
• Voluntary compensation schemes.
• Use of railway – depreciation due to physical
factors (LCA 1973).
37Progress on HS2
• Phase 2a (West Midlands to Crewe)
– Route safeguarded (blight).
– Hybrid Bill deposited in Parliament – July 2017.
– Programmed to open in 2027.
– Voluntary compensation schemes.
• Phase 2b (Crewe to Manchester and the West Midlands to Leeds)
– Route safeguarded (blight).
– Hybrid Bill programmed for end of 2019.
– Programmed to open in 2033.
– Voluntary compensation schemes.
• Non-statutory blight
38HS2 Hybrid Bill procedure (Phases 2a & 2b) • Hybrid Bill & related documents (eg ES) deposited into Parliament. • Second reading. • Public notification. • Petitions to Parliament (ie objections). • Select Committee hearing of petitions (evidence). • Select Committee report on amendments & additional clauses. • Public Bill Committee – consideration of each clause and schedule. • Third reading. • House of Lords. • Royal assent. 39
HS2 Act authorisation includes • Build and maintain HS2 and its associated works, with deemed planning permission. • Listed building works. • Compulsorily acquisition. • Stopping up or diversion of highways and waterways. • Modify infrastructure belonging to statutory undertakers. • Protective works to buildings and third party infrastructure. 40
HS2 - What can an HS2 objector / petitioner
achieve (Phases 2a & 2b)?
• Pre-Bill stage = Best chance to agree changes (eg
route).
• Petition / Select Committee stage:
– Amendment to Bill or additional clause.
– SofS/HS2 or nominated person undertaking to
petitioner and Parliament.
• Agreement?
41Practical tips 42
Practical Tips – Strategy for objecting to compulsory purchase • Respond & negotiate at non-statutory consultation stage – Often best chance to agree changes. • Object to statutory consultation – at least protect position to facilitate negotiation/settlement. • Outcome is not a foregone conclusion, but large infrastructure schemes carry very substantial public benefit. • Most realistic objective is often to reach early settlement. • Requires settlement agreement (or changes/undertaking for HS2). • Matters often settle on the steps of the hearing. • Legal objections. 43
Practical Tips – Key grounds for objecting to compulsory purchase • No compelling case in the public interest. • Alternatives. • Unnecessary (eg land owner will do works or land not otherwise required). • EIA/habitats issues – including legal. • Impediments – legal & physical. • Planning merits & listed building issues etc. • Environmental & construction impacts (eg noise etc). • Funding – sufficient, sources & timing. How are shortfalls met? 44
Practical Tips – Key grounds for objecting to compulsory purchase • Human rights – right to property & right to private & family life. • Public sector equality duty. • Procedural errors. • Timing/programming. • Cannot object on compensation grounds. 45
Practical Tips – Land transactions Opportunities for buying development sites 46
Practical Tips – Land transactions • Non-statutory blight. • Values (up or down). • Compensation considerations if buying. • Searches – Buyer beware! 47
Varsity Line and Expressway Rob Hopwood Bidwells LLP, Planning Partner
At Bidwells, we like to think we are a bit different from
other property consultants. We don’t claim to do
everything for everyone. But we do offer our clients an
unparalleled knowledge and access to the markets with
the highest growth potential in the UK.
Much of our work is concentrated in the ‘Golden Triangle’
encompassed by Oxford, Cambridge and London. Some of
our key activity in this area is focused on the science &
technology and education sectors.
Bidwells. Well informed
Varsity Line & Expressway Page 49Varsity Line & Expressway Page 50
TIMELINE OF VARSITY LINE (CENTRAL SECTION - BEDFORD
TO CAMBRIDGE)
• Final National Infrastructure Commission report – November 2017
• Oxford to Bicester section fully open
• Preferred Route confirmed – Late 2018
• Preferred Alignment confirmed – circa 2021
• DCO application – circa 2022
• Oxford - Bletchley – Bedford section open 2024
• TWAO submission to S.O.S April 2018 (Oxford to Bletchley)
• Further consultation November to January 2018
• Start on site – circa 2026
• Bedford to Cambridge section – open 2031
• New train services running – circa 2031
• Depending on the outcomes of the further development work, it is possible that the above timelines
could be accelerated
TIMELINE OF EXPRESSWAY
• Preferred Broad Corridors & final Strategic Business Case – late 2017
• Preferred route – late 2018
Varsity Line & Expressway Page 51TIMELINE BLACKCAT TO CAXTON GIBBET (A428
REROUTING)
• Preferred route announcement – December 2017
• Preliminary Design – Summer 2018
• Consultation – Summer 2019
• Start of works – Spring 2020
Varsity Line & Expressway Page 52WHY IS IT IMPORTANT TO BIDWELLS AND OUR CLIENTS?
Varsity Line & Expressway Page 53Varsity Line & Expressway Page 7
Varsity Line & Expressway Page 55
WHY IS IT IMPORTANT TO BIDWELLS AND OUR CLIENTS?
Once delivered in whole or in part –
• Will enlarge and redefine our Market area and influence
• Open up new strategic and specific opportunities
• Improve access and reduce journey times
• Identify new areas and locations to –
• Invest in
• Build in
• Live in
• Work in
• So what are we doing about it?
Varsity Line & Expressway Page 56BIDWELLS GOLDEN TRIANGLE STEERING GROUP
Objective
To rapidly position Bidwells as the key property industry reference
point and business driver for the East-West Corridor.
Varsity Line & Expressway Page 57MONITORING AND ACTIONS
• Oxfordshire Growth Board Meeting – 26 September
• National Infrastructure Commission Consultation on a National Infrastructure
Assessment – 16 October 2017
• OXIS Report – Oxfordshire Infrastructure Strategy results of consultation
expected 30 November 2017
• Final NIC report on Cambridge-MK-Oxford Corridor in advance of autumn budget
• Westminster Social Policy Forum – 7 December 2017
‘Developing the Cambridge-MK-Oxford corridor (infrastructure, governance and
economic growth)’
• National Infrastructure Assessment – Spring 2018
Varsity Line & Expressway Page 58Varsity Line & Expressway Page 59
Compulsory Purchase, Compensation & Mitigation Edward Briggs Bidwells LLP, Partner
“YOU AND I COME BY ROAD OR RAIL, BUT ECONOMISTS TRAVEL ON INFRASTRUCTURE” MARGARET THATCHER
GOVERNMENT POLICY
• Investment in infrastructure
• Much of this over rural land
• Volume of compulsory purchase work
expected to triple in next few years
• Brexit sharpens the case for a better
economy driven by infrastructure
investment
• Threats and opportunities
Page 62MAJOR PROJECTS IN THE GOLDEN TRIANGLE
Page 63UK CONNECTIVITY – A CHANGING STRATEGY
Page 64COMPENSATION FRAMEWORK
• Outdated?
• Land Compensation Act 1961
• Compulsory Purchase Act 1965
• Land Compensation Act 1973
• Transport Works Act 1992
• Planning Act 2008
• Localism Act 2011
• Housing and Planning Act 2016
• Current emphasis on powers not property rights – this
needs to change.
Page 65WHAT DOES THIS MEAN?
Valuation in the “No Scheme World”
Puts the affected party back in the position they were before – “as far as
money can buy”.
No one can be seen to benefit financially from a compulsory purchase
acquisition.
• Market Value
• Injurious Affection
• Severance
• Disturbance
• Farm loss/home loss
• Value of unexpired term of tenancies
• Equivalent Reinstatement (Rule 5)
• Mcarthy rules/ Part 1 Claims
• BETTERMENT
Page 66IMPACTS
HS2 to acquire area the size of Manchester
• Land take
• Severance
• Noise/light pollution
• Lettings & diversification/renewables
• Blight & minerals
• Planning sterilisation
• Access
• Tunnels
• Overage/covenants
• Community facilities
• Businesses extinguished
Page 67HS2 COMPENSATION SCHEMES
• Express Purchase (Blight)
• Need to Sell Scheme
• House Holder Payments
Page 68OTHER ISSUES TO CONSIDER
• Mitigation Strategies
• Accommodation Works
• Natural Capital
Page 69CASE STUDY 1 – BLIGHT/NEED TO SELL SCHEME
(Exceptional Hardship Scheme)
Page 70CASE STUDY 2 – EAST WEST RAIL – LEVEL CROSSING
Page 71CASE STUDY 3 - BETTERMENT
Page 72CASE STUDY 4 – M25 WIDENING
Page 73CASE STUDY 5 – EQUIVALENT REINSTATEMENT
Page 74SUMMARY
• Threats and opportunities
• Need for specialist advice
Page 75Thank you CLA South East Hikeneild House East Anton Court Ickneild Way Andover Hampshire SP10 5RG 01264 313 434
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