The Department for Transport has issued safeguarding directions to protect the phase one route of the High Speed 2 (HS2) rail link between London and Birmingham from conflicting development. 

Under the directions, local authorities are required to consult with High Speed 2 Ltd on any undetermined planning applications they have which relate to land within the safeguarded areas.

If a council is minded to grant planning permission otherwise than to give effect to HS2 Ltd’s comments, the planning application is then referred to the Secretary of State for Transport who is able to direct a final decision on the planning application.

Transport Secretary Patrick McLoughlin said in a statement that the purpose of safeguarding is not to prevent development along the route of HS2, "but to ensure that any development that does take place is consistent with our plans for the railway".

The safeguarding directions do not cover sections of the HS2 route in Bromford and Ealing because the Government is currently deciding whether to build tunnels in those areas. McLoughlin said he expects to issue a decision on the tunnels later this year.

The directions also allow for owners of properties within the safeguarded area wanting to move to serve a 'Blight Notice' on the Government. Under the Statutory Blight procedure the Government is requested to buy the relevant property and provide compensation to the owner.

McLoughlin said that the Government does not expect all the properties within the safeguarded area to be required for the railway. Compulsory purchase powers to acquire properties needed for the railway will be set out in a forthcoming Hybrid Bill and can not be exercised until that Bill has Royal Assent, he said.

"HS2 is moving from the drawing board towards construction," said McLoughlin in the statement. "Safeguarding is an important milestone for homeowners and for planning purposes. It shows we are determined to deliver this once-in-a generation opportunity to drive growth, generate jobs, and secure our country’s future prosperity."

"I understand the distress of those who live along the line of (the) route and can assure people that we will process claims to purchase their property swiftly so that those who qualify can move as quickly as possible," McLoughlin said.

"In the meantime we will also continue purchasing properties of those in exceptional hardship ahead of consulting on a comprehensive package of long term discretionary compensation measures," he added.

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