HS2 Update: Petitioning Against Phase 2A Begins
The HS2 Phase 2a (West Midlands – Crewe) Bill passed the Second Reading in the House of Commons on 30 January 2018, with, as expected minimal opposition – 295 to 12 in favour. Whilst there was more discontent and opposition than has previously been the case, MPs in affected areas will now be focused on trying to secure what benefits they can for their constituents.
The significance of the Reading is that the “principle” of the Bill has been established. There can be no further challenges against the general proposal of the line. Whilst this does not guarantee that this phase of HS2 will be built, the passing at Second Reading means it is significantly closer to Phase 2a becoming reality.
Those likely to be affected now have the opportunity to seek to protect their businesses and/or their properties by submitting a Petition to the House of Commons. A Petition is a summary of objections, and is a formal request for the Select Committee to consider a Petitioner’s concerns and suggested amendments to the proposed project.
For those who were directly affected by, and Petitioned against, Phase 1 (and are similarly affected by Phase 2a), much of the archaic formula behind the Petitioning process has gone, and has been replaced with a much more streamlined form. Significant care is nevertheless needed in the drafting however as matters not raised in the Petition cannot later be raised before the Select Committee.
The Select Committee will not hear all Petitions, and the Committee is only likely to consider Petitions from those ‘directly and specially affected’ by the Bill. This could be as an owner, occupier or tenant of land being compulsorily purchased or being at risk of blight due to disruption caused by the works/line (although there are also many other categories that would qualify). In addition, Local Authorities, MPs and other groups who are likely to be impacted by HS2 Phase 2a, or represent those who might be, are also likely to have their Petitions accepted to be heard by the Select Committee.
It is however critical that the right to Petition is established and, as Parliamentary Agents for the project, we are perfectly placed to advise those who are contemplating Petitioning as to the prospects of their Petition being accepted or rejected for hearing by the Select Committee. We expect a significant number of challenges of the right to be heard by the Committee based on past experience.
It is now critically important to move quickly to submit a Petition, particularly given the short timeframe available to do so. The Petition process opened on 30 January 2018, with the deadline of 5pm on 26 February 2018 for Petitions to be submitted.
Petitions not submitted by that date will not qualify and the proposed Petitioners’ seat at the negotiating table will effectively be lost.
The HS2 team at Charles Russell Speechlys LLP would be delighted to assist in the drafting and submission of Petitions in order to best protect your position, and to advise more generally on the impacts likely to be felt associated with this project (and the most effective ways of minimising those impacts).
Q&A: Am I insured for COVID-19?
Laura Bushaway writes for Estates Gazette on a recent claim under the “disease clause” of business interruption policy.
Client alert: Construction under competition law spotlight
We outline the three investigations which have either recently concluded or are ongoing together with what this means for businesses.
Looking beyond the benefitted land: confirmation that an objector’s wider property may be considered in applications to discharge/modify restrictive covenants
Read our recent case study on applicants who were prevented from developing a new house due to a restrictive covenant covering their land.
Further extension of coronavirus restrictions affecting residential properties: Where are we now?
The extension will be implemented from and including 31 March 2021 by the Coronavirus Act 2020.
Case Study: One Blackfriars Limited
An informative and positive judgment for administrators selling high-value property in distressed and complex scenarios.
Keeping Up With Construction: Handover at Practical Completion - Practical Pointers
Practical tips for the handover of a successful project.
Temporary restrictions on winding-up petitions extended until 30 June 2021
As the restrictions are extended, read what it means for you here.
Steven Carey writes for Building on whether a company can provide expert services in claims for and against the same party
A recent appeal case looked at whether a company can provide expert services in claims for and against the same party.
InvestAfrica: Checking in or Checking out? Financing Africa’s Hotels in 2021
The discussion examined the strategies investors and financial institutions can implement to mitigate the effects of the pandemic.
Commercial rent arrears: what are the latest restrictions on landlords’ remedies this quarter day?
What you need to know for this Quarter Day.
Q&A: Do the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 apply to agricultural tenancies?
Reviewing whether the Electrical Safety Regulations apply to agricultural tenancies in the private rented sector.
Q&A: Parking privileges
James Souter and David Nicholls address a resident’s parking dilemma.
Property Patter: Business as usual? The impact of COVID-19 on commercial lease negotiations
What impact has COVID-19 had on commercial lease negotiations and will we see the effects last?
Charles Russell Speechlys advises Content+Cloud on acquisition of Sipcom
The acquisition establishes Content+Cloud as a global service provider to UK businesses.
Infra.law - Spring 2021
Click here to read the latest edition of our construction and infrastructure publication, Infra.Law.
Assignment, novation and construction contracts - What is your objective?
What are the terms of the contract under which the sub-contractor carries out the works for the employer?
David Haines quoted by CoStar and Estates Gazette on the extension of the rent moratorium
The extension of the moratorium again “delivers another blow to commercial landlords”, with rent arrears already totaling around £4.5bn.
Adjudication enforcement and exclusive jurisdiction clauses post-Brexit
Does an exclusive jurisdiction clause in favour of a foreign court preclude an English court from enforcing an adjudicator’s decision?
Property Patter: The Spring 2021 Budget – what news for property?
Join us as we review some of the measures introduced by Rishi Sunak to provide a boost to COVID-hit businesses and workers.
David Haines quoted by Estates Gazette on the end to the rent moratorium
The rent moratorium has effectively stopped landlords from evicting occupiers unable to pay rent since the start of the pandemic.