Publication Draft

1. High Speed Two (HS2) Ltd is the company responsible for developing and promoting the UK's new high speed rail network and is wholly owned by the Department for Transport. HS2 Ltd notes the intention for Warwick District Council to include a policy on High Speed Two within its Local Plan.

2. HS2 Ltd recognises that local planning authorities along the line of route of the railway may wish to include polices on HS2 in their local plan, and do not object to the principle of this provided that the policy meets the tests of soundness.

3. To date HS2 Ltd has had no involvement in the preparation of the Warwick District Local Plan but is now taking the opportunity to make representations as it considers that the draft Local Plan policy relating to HS2 (Policy NE6) and supporting text (paragraphs 5.200 to 5.202) will not be effective or legally compliant. However, HS2 Ltd would welcome the opportunity to work with the Council to develop a policy which is meaningful and deliverable and accurately reflects the planning regime that is likely to be established by the High Speed Rail (London-West Midlands) Bill when enacted.

Policy NE6
4. This policy and its supporting text address the minimisation of the effects of HS2. HS2 Ltd does not object to the principle of including a policy that seeks to address the mitigation of the significant environmental effects of HS2 on the local environment. However, as currently drafted Policy NE6 is unsound as it would not be effective. It is a high-level objective which does not relate to the relevant statutory processes.

5. The policy and its supporting text need to reflect the special planning provisions contained in the Bill, which will be different to the Town and Country Planning Act regime that applies to ordinary planning applications. Under the special provisions, deemed planning permission is granted for the project by Parliament under the Act rather than by local planning authorities. The role of the local planning authorities will be to determine applications for approval of details under the conditions imposed on the deemed permission in accordance with specified criteria. These provisions are similar to those enacted for other major rail schemes in recent times, such as the Channel Tunnel Rail Link and Crossrail. Therefore, matters such as the principle for the railway works, their limits, and matters of principle relating to mitigation will be determined through the Parliamentary process rather than the normal Town and Country Planning Act process. Warwick District Council will be the approving authority for certain conditions attached to the deemed planning permission.

6. If the policy and its supporting text do not recognise the respective roles of Parliament and Warwick District Council in the approval of HS2, the policy will be unsound as it will not have a clear and effective delivery process for certain aims in the plan. The Plan will be material to the determination of requests for approval made to Warwick District Council under the special planning regime insofar as it is relevant to the matter for approval and the grounds for determination. HS2 Ltd therefore considers that the role of the Local Plan should be to create a positive planning framework for the consideration of all requests for approval under the special planning regime, including those which relate to mitigation.

7. The special planning regime referred to above will be implemented after the HS2 Bill receives Royal Assent. Prior to that the enabling legislation i.e. the HS2 Bill is considered through the Parliamentary process which Warwick District Council can influence through the petitioning process. If the Council thought it appropriate it could make reference in the supporting text to this and state that it is seeking to influence the mitigation principles that will apply to HS2 through the Parliamentary process.