7 Feb 2023 9.2 Appx 2 – HS2 – CEC ltr response 221222

February 2023 Uploaded on February 2, 2023

Subject: Enquiry (ref: 18572810)
From: Planning BC Investigation Team <>
Date: 22/12/2022, 12:48
Date: 22 December 2022
Our Reference: 18572810
Your reference: Jack Steel
Dear Mr Steel
Your case reference: 18572810
Thank you for your enquiry received on 19 December 2022, regarding the upcoming HS2B
construction monitoring by Cheshire East Council. Having consulted a colleague, the Director
of Highways & Infrastructure, the Chief Executive, Lorraine O’Donnell, has asked me to reply
on her behalf.
The HS2 Phase 2b hybrid bill information papers outline the role of the Council, as Local
Planning Authority and Local Highway Authority, in approving the detailed design of a certain
structures, elements and construction matters of the Proposed Scheme within the future Act
of Parliament. These controls are set out in Information Paper B2: Main Provisions of the
Planning Regime. In addition, in December 2022, Cheshire East Full Council approved a
recommendation for the Council to become a Qualifying Authority for HS2 Phase 2b,
providing it with a wider range of planning controls. Qualifying authorities also have the
responsibility for approving plans and specifications for works such as buildings and road
vehicle parks, terracing, cuttings, embankments and other earthworks, fences, walls or other
barriers, transformers, telecommunication masts, pedestrian access to the railway line,
artificial lighting, waste, and spoil disposal and borrow pits.
The information paper C12: Local Authority funding and new burdens sets out how funding
will be made available by HS2 Ltd to enable local authorities to carry out their responsibilities
under the future Act and the likely mechanism for management of such funding being a
Service Level Agreement. A Service Level Agreement for the Council’s responsibilities under
the Act, and the funding to be made available, for Phase 2b is expected to be agreed
following Royal Assent of the hybrid bill.
The Council has included the following point within its petition against the hybrid bill to seek
assurances from HS2 Ltd that will provide the Council with sufficient time to appropriately
resource these responsibilities.
Extension of time for granting approval and providing consents
Enquiry (ref: 18572810)
1 of 2 22/12/2022, 16:21
1. Under the Bill, the Council will have 28 days to grant certain consents and provide
certain approvals. The Council considers it will be able to accommodate this deadline if
the Council has received advance notice of around 6 months for any application. If this
not provided, the Council considers that it will require 72 days to determine any consent
or approval.
The Council requests that the Bill is amended to provide for this.
Monitoring and enforcement of HS2 Ltd and its contractors throughout construction will be
governed by a Code of Construction Practice (CoCP) which is a recognised approach for a
scheme of the magnitude of HS2. The Nominated Undertaker and all of its contractors and
sub-contractors will be required to adhere to the CoCP. Compliance to the CoCP will be
ensured via an environmental management system (EMS) that will be developed by the
Nominated Undertaker which meets the international standard for such systems. In addition,
the Secretary of State for Transport will appoint an HS2 Construction commissioner to deal
with complaints where a complainant is unhappy with the construction process of the
proposed scheme by the Nominated Undertaker or its contractors. This is consistent with
Phases 1 and 2a of HS2.
I hope this provides you with the information you are seeking and thank you for contacting the
Yours sincerely
Anita Ralphs
Administration Support
Cheshire East Council
NOTE: Please do not edit the subject line when replying to this email.
Enquiry (ref: 18572810)
2 of 2 22/12/2022, 16:21