What is Buckinghamshire Council doing on behalf of residents?

HS2 Route-wide Injunction

On 20th September 2022 a High Court Judge, Mr Justice Knowles, sitting at Birmingham’s Civil Justice Centre, granted HS2 Limited an extensive injunction along the length of the high-speed line from London to Crewe to help tackle unlawful protests.

The order makes going onto HS2 land without permission or disrupting work a potential contempt of court – the offence of ignoring a judge’s ruling. The order covers a range of scenarios including people “interfering with” access to the land or “delaying or hindering” any HS2 work. Breaking the injunction would be a contempt of court which could lead to a fine, imprisonment or both. The order can be viewed here and details of the proceedings can be viewed at HS2 route-wide injunction proceedings.

Protests against HS2 have cost an estimated £122 million and an HS2 spokesperson said that the injunction was not intended to stop legitimate protest saying “instead, we hope the injunction will prevent the violence, intimidation, and criminal damage these protests have frequently caused, harming the HS2 project and those working on it, and costing the UK taxpayer millions of pounds.”

There have been a number of concerns about people going about legitimate business or pastimes mistakenly breaking the injunction and committing a criminal offence. Examples include walkers or ramblers walking across a footpath which crosses HS2 land, footpath maintenance volunteers straying off the path to cut back hedgerows, organisations accessing the land for monitoring purposes such as the Chiltern Conservation Board and the Berks, Bucks & Oxon Wildlife Trust and even Buckinghamshire Council Officers going about their statutory business.

Buckinghamshire Council has taken a number of actions to ensure that the route-wide injunction does not prevent people legitimately accessing or crossing HS2 land either for leisure or business purposes.

The Council sought legal advice on the implications of the route-wide injunction. It indicated

that it should not affect the rights of the public using Public Rights of Way over HS2 land, making use of private rights of access over HS2 land or any person holding a freehold interest in land over which HS2 Ltd has taken temporary possession.

We have also sought King’s Counsel advice on the implications of the injunction. The advice was that it is very unlikely that the injunction will affect the lawful activities of groups, such as the Chilterns Conservation Board continuing to undertake reasonable monitoring activities or members of the public, ramblers etc. from walking across HS2 land. It is very unlikely that the injunction will have implications for Buckinghamshire Council exercising its statutory powers and is only likely to affect the activities of protestors of HS2. King’s Counsel does not consider it necessary for the Council to apply to the Court for a variation of the order.

We have liaised with senior members of HS2 Ltd regarding this route-wide injunction and our concerns about it. HS2 Ltd responded that the injunction is aimed at unlawful protestors not law-abiding members of the public and that their staff would take a common-sense approach. HS2 Ltd added some additional information to their webpage to allay concerns and spell out what the injunction does and does not do. Link to the webpage can be found here.

The Court has instructed HS2 Ltd to display the documents relating to the injunction in four libraries along the route (Aylesbury, Great Missenden, Wendover, and Chalfont St Giles.) Buckinghamshire Council has worked with HS2 Ltd to ensure that these documents are available to the public to view and have added a caveat that:

“These documents relate to the route-wide injunction that has been granted to HS2 Ltd by the court. This information has been deliberately placed at this library to facilitate ease of access by the public, by request of the court. Buckinghamshire Council does not endorse this injunction.”

Abnormal Loads Trial

Following concerns expressed by local residents about large loads in Great Missenden damaging narrow roads and low bridges, the Council made HS2 carry out a night-time abnormal load trial. Following our intervention, the HS2’s contractor EKFB carried out the trial overnight on 27 September.

Manually controlled temporary traffic lights were in place to stop traffic for the short time that the abnormal load passes through. The locations of the temporary traffic lights were on the A413/A404 roundabout near Amersham, the Deep Mill railway bridge near Little Missenden and on both roundabouts on the A413 Great Missenden between the Link Road and Frith Hill.

The trial went well with only a few issues regarding overhanging vegetation between Little Missenden and Great Missenden. The journey took about 45 minutes to complete.

Improvements to the route for future deliveries as a result of the trial include additional temporary traffic lights at the Gore Hill roundabout in Amersham, lengthening the traffic management at the Deep Mill bridge, cutting back the overhanging vegetation between Little Missenden and Great Missenden and using the Pyebush layby near Beaconsfield as a contingency stop if the delivery needs to be halted for any reason.

The deliveries will be made in early 2023.

CCTV Current Locations

In response to concerns about the volume of HS2 traffic, Buckinghamshire Council have purchased three mobile CCTV cameras to monitor the traffic caused by the HS2 construction as well as the effect it has on our roads over the next few years.

The three CCTV cameras are currently located at:

• the A413 Great Missenden roundabout to review HS2 HGVs on the roundabout and monitor the abnormal load deliveries

• Little Chalfont on the White Lion Road junction of the A404/A413 to identify use of the road by HS2 HGVs despite this not being a construction route and in contravention of the “No HS2 Traffic” signs

• Beaconsfield just off the A355 Amersham Road south of the Maxwell Road junction to monitor that HS2 construction traffic is now using the new Beaconsfield bypass

Any queries or concerns regarding the use of CCTV should be sent by email to EWRandHS2enquiries@buckinghamshire.gov.uk

If you would like to propose a location which would benefit from the placement of a mobile CCTV camera, please use our online form below. Note that suggestions will only be considered where there is evidence of disruption caused by HS2 construction works.

Suggest a camera location

Road Safety Fund

Colne Valley Park Forum & Lottery Landscape Celebration

John Whitby, Chairman of the Colne Valley Park Trust, gave the welcome speech and was followed by a number of presentations on the work carried out over the past year including an interesting account of collaboration between anglers and nature conservationists by Tony Booker of Colne Valley Fisheries Consultative. Attendees heard about some hugely successful project work, about the threats to the Park and how they will be responding over the coming year. The passion and commitment to the local countryside was obvious as the conversations afterwards amongst council leaders, politicians, charities, government agencies, residents’ associations, conservationists, anglers, and other stakeholders.

Information on the event and presentations can be seen here.

Booker Park Forest School

Members of the HS2 contractor, EKFB, have been working with Booker Park School in Aylesbury to create a new forest area within the grounds. The school provides specialist support for students with severe mental and learning disabilities. EKFB and its subcontractors have created a unique learning environment for the school utilising the planning, design, and construction skills of their team at no cost to the school. This included vegetation clearance, new fencing, a sensory path, a Wicker Den, picnic benches, railway sleepers, a communication board and music and water walls.

The new forest school was opened on 28 October to the obvious delight of the children.

Bat Mitigation Structure

On 5 October HS2 held a meeting at Calvert Green Village Hall to present the developing designs for the Sheephouse Wood Bat Protection Structure near Calvert. Members of the public were invited to go along to see how the designs have developed and give feedback on them.

The Sheephouse Wood Bat Protection Structure will run for about 1 kilometre alongside Sheephouse Wood near Calvert. The 56-hectare woodland is home to several different species of bat, including the most northerly known colony of the rare Bechstein’s bat. The Bechstein bat population in Sheephouse Wood is genetically different to other UK populations so any decline in bat numbers could result in extinction of this unique population. Like all other bats in the UK, the Bechstein bats are legally protected in the UK and this structure will allow them to cross the HS2 line without being harmed by passing trains.

The design of the bat protection structure is based around a series of BEBO arches, and although not technically classed as a tunnel the structure has been carefully chosen as being the most effective solution being durable, requiring little maintenance and reducing overall costs and materials. The kilometre long, 10m high structure consists of precast concrete segments and mesh inserts to create a light smooth structure, capable of self-ventilation. It will be absorbed into the local landscape and embedded into the backdrop of the woodland. It will provide shielding for bat flight paths from passing trains and provide connectivity points for wildlife with a green bridge and underpass.

Further details of the bat mitigation structure can be found on the HS2 website.

HS2 6-monthly Report to Parliament

Mark Harper MP was appointed as Secretary of State for Transport in Prime Minister Rishi Sunak’s new cabinet on 25 October. He published the government’s fifth update on HS2 to Parliament two days later on 27 October.

The report details updates on the schedule, budget and delivery as well as providing information on the impact and engagement with local communities and the environment. Harper stated that local impacts would be unavoidable on a project on the scale of HS2, however, he expects HS2 Ltd. to do its utmost to reduce disruption where it is reasonable to do so and to treat communities affected by construction with respect, sensitivity, and professionalism.

He discussed the role of independent construction inspectors in assessing the considerate delivery of HS2 works, and the announcement on 25 April of Stewart Jackson being appointed for 3 years as the independent HS2 Residents’ Commissioner.

The report states that HS2 has planted over 800,000 trees and shrubs as part of its Green Corridor and continues to be at the forefront of efforts to decarbonise construction and leave a positive environmental legacy. In the last six months, HS2 has started the first diesel-free construction site, including the UK’s only electric crawler cranes.

HS2 Ltd will soon publish the latest Environmental and Sustainability Progress Report, providing up-to-date information on the organisation’s impacts and activities. It will also publish its Ancient Woodland Summary Report with details of how it is mitigating the impacts on these irreplaceable habitats.

The full report can be read at High Speed Two 6-monthly report to Parliament: October 2022.

HS2 Ongoing Work

You can see the work that is taking place in Buckinghamshire on the HS2 website, ‘In Your Area’ section, (Buckinghamshire and Oxfordshire) and sign up for automatic alerts. HS2 Ltd or contractors are committed to sending out Advanced Warning Notices 2 weeks ahead of works commencing.

Works in Buckinghamshire

We have listed some of the main works in the table below (please note this is not a comprehensive list and is correct at date of publication but is subject to change):

HS2 Forthcoming Works Packages submission to Buckinghamshire Council

Schedule 17 of the HS2 Act puts in place a process for the approval of certain matters relating to the design and construction of the railway, which requires that the nominated undertaker (HS2 Ltd and its contractors) must seek approval of these matters from the relevant planning authority. As deemed planning permission has been granted by the Act, requests for approval under Schedule 17 are not planning applications and there are few grounds on which the Council can refuse.

*Please note however, forecast dates are subject to slippage by contractors*

Key Design Elements as described in HS2 Information Paper D1: Design Policy have been subject to community engagement on design developments.

Buckinghamshire Council HS2 coordination team

Jackie Copcutt jackie.copcutt@buckinghamshire.gov.uk Tel: 01296 383793

EWR and HS2 enquiries Mailbox and to contact the Buckinghamshire Council marshals EWRANDHS2enquiries@buckinghamshire.gov.uk

HS2 Ltd Helpdesk and Mobile Visitor Centre

Emailto HS2Enquiries at HS2enquiries@hs2.org.uk

Freephone 08081 434 434

Minicom (used to help people with hearing or speech difficulties) 08081 456 472

Post to FREEPOST, HS2 Community Hub

Upcoming Mobile Visitor Centre Dates and Locations

Details of future Mobile Visitor Centre events will be advertised on HS2 events – High Speed 2.

Pre-booking is not required to visit the HS2 Mobile Visitor Centre, and people are free to drop in at any time. Please check the dates on the HS2 events page before attending in case of any changes.