East West Rail proposal: April 2024

Catherine Hibbert, specialist CPO solicitor, examines the current proposals for the East West Rail scheme.

The East West Railway Company (EWR) is developing a proposal to create a new rail link between Oxford and Cambridge (the ‘Scheme’).

EWR hope that the Scheme, which would involve both the upgrade of existing infrastructure (track and stations), the creation of new track and the restoration of obsolete sections of track, will lead to significantly reduced journey times, the promotion of greener travel options, reductions in road traffic and the stimulation of economic opportunities by providing improved transport connections and links.

Following informal consultation, EWR announced its preferred route alignment in May 2023 – details of which can be viewed on the EWR website; the current proposal is to link Oxford to Cambridge via a route which includes Bicester, Winslow, Bletchley, Bedford St Johns, Tempsford and Cambourne and involves potential track and station upgrades as well as a review of existing level crossings, and footbridges etc.

Whilst the broad alignment of the current route proposal has been confirmed, there is no detailed information provided yet as to the extent of the land which EWR will need to in order to deliver this Scheme. Further statutory consultation is planned for 2024, at which point EWR has promised (more) detailed information about the extent of the property which will be the subject of compulsory purchase; following this, EWR plan to submit an application for a development consent order (DCO) to authorise the construction and use of the Scheme (including the grant of compulsory purchase powers). Once the DCO application has been submitted and the order limits of the Scheme have been confirmed there will be an opportunity to object/make representations about the proposal which will need to be considered at a public examination before the Scheme can be confirmed.

Whilst the Scheme (if confirmed) will no doubt deliver public transport improvements and associated benefits, the draft proposals create huge uncertainty for landowners along the route – especially those who want or need to sell their property ahead of its delivery.

EWR will not be able to force the purchase of property until the DCO (including compulsory purchase powers) has been confirmed. By this stage EWR will no doubt be focused on meeting the deadlines in their own construction and delivery timetable and there may be no flexibility as to timing/terms of any sale.

EWR indicate that they will start negotiations for the voluntary acquisition of the property it requires ahead of submission of the DCO application. Embracing such negotiations may enable a landowner to retain some control over the timing/ terms of the sale of their property.

Once the DCO application has been submitted, (subject to meeting eligibility criteria) those whose land is needed in whole/part for the purposes of the Scheme would be able to submit a statutory blight notice which (if upheld) would require EWR to purchase their property - perhaps ahead of when EWR need it – if it can be demonstrated that despite reasonable efforts to sell on the open market, the property can only be sold at a significant undervalue. This may be useful where any negotiations have stalled. Where a blight notice is upheld, landowners are entitled to recover the full range of cost/payments to which a landowner affected by compulsory purchase is entitled (including statutory loss payments/ disturbance); there is also an entitlement to recover reasonable professional fees associated with submitting the blight notice and settling any ensuing financial settlement.

Landowners should seek independent legal/valuation advice for either the voluntary negotiation/ blight notice route to ensure they recover the full range of compensation to which they are entitled.

It may be some time yet before the DCO application is submitted; some landowners may be experiencing difficulties now in selling their property due to the uncertainties created by the pending scheme. Such landowners may be able to take advantage of the Need to Sell property scheme (NTS). The NTS is a discretionary scheme offered by EWR to support property owners who have a compelling need to sell their property but are unable to do so except at a significant reduction in value due to the EWR Scheme. Such applications must be supported by appropriate documentary evidence and will be determined against published scheme rules by an independent panel.

In order to succeed under the NTS scheme, in general terms, a landowner must:

• Have a qualifying interest in the land;
• The property must be seriously affected by the construction/operation of the EWR proposal;
• Have made reasonable efforts to sell and be unable to sell except at a significant reduction;
• Have no prior knowledge of the scheme;
• Have a compelling reason to sell, meaning that the he would be placed under an unreasonable burden within the next three years by being unable to sell. This could be for reasons including (but not limited to) disability/illness, job move; growing family; divorce, caring for a dependent, financial commitments, winding up the estate of a deceased etc.

Holmes & Hills LLP has a dedicated team which specialises in Compulsory Purchase Order and DCO work and has had plenty of experience supporting landowners affected by different infrastructure schemes across the country; please do not hesitate to contact Holmes & Hills LLP if you have a property interest which may be affected by the proposed East West Railway Scheme and you would like to talk your options through with an independent expert.