Issue - meetings

Forward Plan Ref: 2016/066

Contact: Paul Fermer, Service Manager for Major Infrastructure Delivery Tel: (01865) 815764

Report by Interim Deputy Director for Environment & Economy (Commercial (CMDE4).

The report introduces the High Speed 2 Hybrid Bill that will grant planning permission for the construction of Phase 1 of the high speed railway between London and West Midlands. However, this permission will be the subject of a number of conditions requiring the nominated undertaker (the party/parties who will construct the railway) to obtain local authority consent or approval. Local authorities along the route will be responsible for approving matters of detail with regards to the scheduled works in the Bill.

The Bill gives each Authority a choice between having a wide or narrow range of controls over the approval of construction details. Those Authorities opting for a wider range of controls are referred to as “Qualifying Authorities”.

The County Council needs to decide whether or not to sign the HS2 Planning Memorandum, the effect of which would mean the County Council becomes a Qualifying Authority for the purposes of the HS2 Bill.  To do that the Memorandum must be signed before the end of the House of Lords Select Committee which is not expected to finish before late Autumn 2016.

By signing the memorandum the County Council will commit to working to a planning regime specifically for the delivery of HS2. In effect existing legislation will be disapplied including the Town Planning Act, and sections of the New Roads and Street Works Act 199, due to the powers of the HS2 Hybrid Bill being adopted for the delivery of the new railway.

It is RECOMMENDED that the Cabinet Member for Environment:

(a)         agrees to Oxfordshire County Council becoming a Qualifying Authority in relation to the High Speed Rail (London-West Midlands) Bill;

(b)         delegates authority to the Director of Environment & Economy in consultation with the Cabinet Member for Environment, to undertake all necessary steps required to become a Qualifying Authority, including the signing of the Planning Memorandum and Service Level Agreement. 

Approved

Approved

The High Speed 2, Phase 1, Hybrid Bill granting planning permission for the construction of a high speed railway between London and West Midlands. will be the subject of a number of conditions requiring the nominated undertaker (the party/parties to construct the railway) to obtain consent or approval for detailed submissions.

Local Authorities along the route would be responsible for approving matters of detail with regards to the scheduled works in the Bill In terms of carrying out the function of approving the detailed HS2 submissions and the Bill gives each Authority a choice between having a wide or narrow range of controls over the approval of construction details. Those Authorities opting for a wider range of controls are referred to as “Qualifying Authorities”.

The county council therefore needed to decide whether or not to sign the HS2 Planning Memorandum, the effect of which would mean the county council became a Qualifying Authority, for the purposes of the HS2 Bill and successful delivery of this major infrastructure. In doing so the county council would be expected to sign up to a service level agreement (SLA) with HS2 to ensure that the authority could deliver commitments made by signing the Planning Memorandum.  In addition, this agreement would set out the terms by which the county council could recover costs associated with the extra burdens as determined on behalf of the Secretary of State of Transport. 

In considering the report (CMDE4) the Leader of the Council recognised that whilst it was important for the County Council to safeguard its interests at this stage of the process he reaffirmed that the County Council’s neutral position with regard to HS2 would not change in the light of any decision taken today. In the light of that and the information before him he confirmed his decision as follows:

(a)          agree to Oxfordshire County Council becoming a Qualifying Authority in relation to the High Speed Rail (London-West Midlands) Bill;

(b)          delegate authority to the Director of Environment & Economy in consultation with the Cabinet Member for Environment, to undertake all necessary steps required to become a Qualifying Authority, including the signing of the Planning Memorandum and Service Level Agreement. 

Signed………………………………..

Leader of the Council

Date of signing……………………..