Petition-House of Commons Hybrid Bill Select Committee HS2 Action Alliance 1 February 2016
HS2AA Petition Who Are We? HS2 Action Alliance was founded in 2010, around 15,000 registered supporters in 430 of 636 UK Parliamentary constituencies. Making the business, environmental and transport case against HS2 and, should the scheme proceed, pushing for effective environmental mitigation. Sought, and denied, Legal Aid to adduce Colne Valley, Hillingdon, Site of Proposed Viaduct expert evidence across a wide range of route wide topics which are called out in the Environmental Statement to the Select Committee. Bringing expert evidence today on rail, noise, ecology, landscape, carbon, trees, air quality and waste. Costs of experts and legal counsel Cubbington, Warwickshire, Site of Cutting exclusively met by donations from members of the public.
HS2AA Petition HS2 Ltd’s Listening In Action ….... Request Response Request Response Air quality baseline in line with Air Quality No Correct defects in Environmental Partial Statement Standards Regulations 2010 Binding air quality limits reflecting relevant No Independent oversight body No standards Reducing the speed of HS2 to 300 kph No Requirement to stop work if air quality limits No Revised noise limits in accordance with No breached national noise policy Extension to Voluntary Purchase Scheme/Need No Local authority oversight of noise No to Sell Scheme Binding obligation for additional mitigation No Introduction of Property Bond No if noise limits breached. Other measures to provide fair compensation No Identify and protect areas of tranquility. No Proper Code of Construction Practice. No No Net Loss of Biodiversity No 60 year environmental monitoring No Eliminate or reduce limits of deviation No Revised carbon assessment No Deletion of clauses on water quality No Proper arrangements for tree planting No Deletion of clauses on Railways Act No Revised waste monitoring strategy No Local authority agreement to waste No Enforcement against nominated undertaker in No mitigation courts EIA Concerns No Health Impact Assessment subject to No consultation 40 plus requests … 0 accepted by HS2 Ltd
HS2AA Petition What are we asking the Select Committee to consider? Request 1 - The Committee consider the specific points on each of the topics raised through expert evidence and ensure they are adequately addressed by the Promoter. Request 2 - The speed of the trains travelling at HS2 be slowed down to 300kph from the current forecast speed of 360kph Request 3 - The Select Committee recommend the construction and operation of HS2 be overseen by an independent regulatory body. Request 4 - The legal regime for ensuring environmental outcomes reflect what is agreed by the Select Committee is put on a properly robust footing to allow for effective enforcement. Request 5 -the commitment to plant two million trees is made real.
HS2AA Petition Who Will You Hear From T oday? We are submitting evidence from a selection of experts on a variety of route wide environmental topics which will be hugely impacted by the proposals of Phase 1 of HS2. Air Quality – Rail - Piers Noise - Kieran Landscape – Philip Connor, Rail Gayler, Sharps Colin Pill, Branchflower, Consultant Acoustics Tyler Grange SLR Ecology - Trees - Jon Waste – Carbon – Julie Jo Treweek Berry, Tyler Nigel Gartside, SLR TEC Grange Cronin, SLR St James’s Gardens, London Drummond Street, London Marston, Staffordshire
HS2AA Petition Reducing The Speed of HS2 “ 20 minutes off the journey to Birmingham is almost irrelevant. It is nice but it is not important. It should always have been about capacity ” Rt Hon. Patrick McLoughlin MP, September 2013 “HS 2 Ltd and the Department should therefore examine the scope for requiring a reduced maximum speed for the trains until electricity generation has been sufficiently decarbonised to make that a marginal issue, and publish the calculations that would underpin such a calculation. ” Environmental Audit Committee, April 2014
HS2AA Petition Reducing The Speed of HS2 Reducing the speed of HS2 will mean far better environmental outcomes than the current scheme. But the advantages don ’ t stop there: • Cheaper. • Reduces the technical risks which the project has struggled with since the outset. • Lower operating costs-lower ticket prices No route finalised for Phase 2-so this change would mean even greater environmental benefits for the entire project.
HS2AA Petition Creation of an Independent Regulatory Body
HS2AA Petition Creation of an Independent Regulatory Body Creating a dedicated regulator for HS2 would … ... 1. Mean that the Nominated Undertaker, HS2 Ltd and the Department for Transport will be held to account to deliver what has been promised. 2. Provide confirmation that what gets built is what Parliament approves to comply with EIA Regulations. 3. Reflect the recommendations of the Environmental Audit Committee. 4. Provide reassurance to those most impacted by the scheme that a specialised and adequately resourced body was overseeing the construction and operation of the new line. 5. Would avoid Parliament being dragged into disputes about HS2, as is currently contemplated by the Promoter.
HS2AA Petition Delivering What Was Promised Commitments to deliver the environmental outcomes detailed in the Environmental Statement and Information Papers are subject to the Promoter undertaking an assessment of reasonable practicability. The EMRs will require HS2 Ltd and its contractors to adopt measures to reduce the adverse environmental effects reported in the ES, “ provided that such measures are reasonably practicable and do not add unreasonable cost or delay to the construction or operation of the project” . Environmental Statement Non Technical Summary In effect this means that the design of the route is subject to an assessment of reasonable practicability that has yet to be undertaken and the level of mitigation is subject to a post planning consent process that actually settles the level of environmental impact. HS2 Ltd’s commitment should be to “best practical means” with considerations of cost and timing removed. Development consent should be provided on the basis of environmental exposure with all proposed mitigation in place not on the basis of a future unspecified process.
HS2AA Petition Proper Oversight The Code of Construction Practice (CoCP) and the Environmental Minimum Requirements (EMRs) offer little real protection. The CoCP is heavily caveated, meaning contractors will be able to push ahead with construction with minimal Constructing HS1 oversight. The EMRs will be difficult to enforce and it is unclear what remedies will be available to those living in communities impacted by the construction of HS2 in the event an EMR is breached. If the current forecast estimates of impacts were to turn out to be underestimates, there is no remedy for those who are affected. Berkswell, Warwickshire The Committee is requested to recommend that the Hybrid Bill be amended to provide that: (i) The obligations imposed on the Nominated Undertaker be enforceable by any person through the courts. (ii) The obligation on the Secretary of State to take action Water Orton, Warwickshire to enforce EMRs be strengthened. (iii) Annual reporting obligation to Parliament
HS2AA Petition T wo Million Trees? I am determined that we will do everything possible to try and reduce the impact of the line, including extensive woodland planting to screen the railway. ” Philip Hammond, January 2011 We will plant 2 million trees along Phase One Patrick McLoughlin, May 2014 BUT … .minimal detail in Environmental Statement on how this will be accomplished. We need a proper framework to ensure the Government’s own promise on planting two million trees is realised and delivers the carbon offsetting promised in HS2 ’s own documentation.
HS2AA Petition T wo Million Trees? We welcome this commitment ….but 1. No commitment to comply with accepted standards to ensure the trees really are carbon offsetting 2. No obligation in Hybrid Bill or other documentation to plant trees. 3. No detail on how the trees, even if planted, will be maintained and for how long and who will pay for this or any obligations on HS2 Ltd to ensure this is done properly. Our Request is therefore for the Select Committee 1. To recommend the inclusion in the Hybrid Bill of a clause requiring HS2 Ltd to (i) plant two million trees by the time Phase 1 is operational (ii) undertake its carbon offsetting activities in line with PAS2060, the recognised standard for this area. 2. To require HS2 Ltd to assume responsiblity for the maintenance and upkeep of all trees planted as part of this commitment until at least 5 years from the line becoming operational. 3. To require HS2 Ltd to publish an annual report to Parliament setting out how it has discharged these obligations.
High Speed Railway Capacity Piers Connor Independent Consultant
Piers Connor • Over 50 years railway experience; • MSc in Railway Systems Engineering; • Member CILT, IRO; • Worked in operations, maintenance, engineering, planning; training and education; • Projects include Channel Tunnel, HS1, New York subway, Hong Kong KCRC, London Underground, Los Angeles, Johannesburg. Page 15
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