Property owners must take action now as HS2 Judicial Review ruling announced, says Knight Frank

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The government has said that it now plans to push on with the legislation required for the scheme with construction likely to start in 2017.

Knight Frank HS2

Knight Frank HS2

It is now vital that those with property along the route start putting together all the information needed to ensure they get the compensation that they are entitled to when the full details are finally decided on after the new consultation.

Campaigners against HS2 were left disappointed this morning (15 March) when the High Court threw out most of the legal objections against the scheme. (Case no.CO/3467/2012).

Although there could be further challenges from campaigners the controversial project now looks likely to go ahead.

The judge presiding over last year’s five Judicial Reviews ruled in favour of the government in nine out of 10 areas of dispute (Case no.CO/3467/2012, see below for full details).

Perhaps, most crucially, Justice Ouseley dismissed claims that the 2011 consultation on HS2 strategy and the route between London and Birmingham (Phase 1) was unfair and unlawful.

Rerunning this consultation could have delayed the HS2 project significantly.

The only challenge that was upheld related to the way the consultation on compensation measures for those property owners affected had been carried out.

Justice Ouseley said the process was unfair because consultees were not provided with enough information and the criteria by which compensation options were considered were not adequately explained. He also found that the government had not fully considered HS2 Action Alliance’s detailed consultation response on compensation.

In order not to delay its timetable for HS2, the government has already announced that it will not appeal the ruling, but will re-run the consultation.

HS2 minister Simon Burns said: “The judge has categorically given the green light for the government to press ahead without delay in building a high speed railway from London to Birmingham, Manchester and Leeds.

“The judgement ensures that nothing now stands in the way of taking our plans to parliament. We will now move forward as planned with the crucial business of getting the scheme ready for construction in 2017.”

James Del Mar, Heads of Knight Frank’s HS2 team, said the ruling was the worst possible outcome for affected property owners.

“Not only has the court thrown out most of the arguments against HS2, but the one objection it has ruled in favour of means that we now face more uncertainty over what compensation people will be entitled over to.”

Mr Del Mar said anybody affected by HS2 should now start planning for the worst. “It is now vital that those with property along the route start putting together all the information needed to ensure they get the compensation that they are entitled to when the full details are finally decided on after the new consultation.”

Judicial Review challenges rejected

  • Dismissed challenges to the fairness and lawfulness of the 2011 consultation on HS2 strategy and the phase one route
  • Rejected challenges that the government was required to comply with the Strategic

Environmental Assessment (SEA) Directive

  • Dismissed challenges that the government failed to comply with the Habitats Directive
  • Dismissed the challenge that the hybrid bill process could not comply with the Environmental

Assessment Directive

  • Dismissed the challenge that the government is required to present the environmental impacts of the entire Y network to Parliament alongside the phase one bill
  • Dismissed challenges that the government has failed to comply with the Public Sector Equality Duty
  • Dismissed challenges that the Secretary of State’s decisions on Euston, the HS1 link, and the Heathrow spur were irrational
  • Dismissed the challenge that the Secretary of State has fettered his discretion, and predetermined the outcome of future aviation strategy
  • Dismissed the challenge that the government failed to properly consider the proposed route alternative submitted by the Aylesbury Park Golf Club claimants in response to the 2011 consultation

Judicial Review challenge upheld

  • Upheld the challenge that the consultation process was unfair, because not enough information was provided to consultees and the criteria by which compensation options were considered were not adequately explained - he also found that the government had not fully considered HS2 Action Alliance’s detailed consultation response on compensation.

For further information, please contact:

James Del Mar, Head of HS2 Team, Knight Frank:
+44 (0) 7767 633915, james.del.mar(at)knightfrank(dot)com

Charlotte Palmer, Country PR Manager, Knight Frank:
+44 (0) 20 7861 5037, charlotte.palmer(at)knightfrank(dot)com

Ends

Notes to Editors

Knight Frank and HS2

Knight Frank has set up a dedicated HS2 team to help those affected. The team has over 100 years’ combined experience dealing with other major infrastructure schemes such as the Channel Tunnel Rail Link (HS1), the M25 and Stansted Airport. Unlike some other property consultants Knight Frank works only for affected property owners, not HS2 Ltd or the government, and therefore has no conflicts of interest.

Please contact the team on the numbers below. More details and the latest scheme updates are also available at http://www.knightfrank.co.uk/hs2 and you can follow us on Twitter at http://www.twitter.com/knightfrankhs2

Knight Frank LLP is the leading independent global property consultancy. Headquartered in London, Knight Frank and its New York-based global partner, Newmark Knight Frank, operate from 242 offices, in 43 countries, across six continents. More than 7,067 professionals handle in excess of US$817 billion (£498 billion) worth of commercial, agricultural and residential real estate annually, advising clients ranging from individual owners and buyers to major developers, investors and corporate tenants. For further information about the Company, please visit http://www.knightfrank.com.

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