Farmers and landowners who had their land compulsorily purchased by HS2 are being urged to seek expert advice if they plan on buying their land back.
Phase 2 of the HS2, which would have connected Birmingham to Manchester through Staffordshire and Cheshire, was officially cancelled by the prime minister at the Conservative Party Conference.
Property consultancy Fisher German said the government could offer former landowners the first chance to repurchase the land they were forced to sell.
Safeguarding protections restricting development along Phase 2a – between Birmingham and Crewe – are expected to be lifted within weeks.
And restrictions on land along Phase 2b between Crewe and Manchester are likely to expire next summer.
Hugh Maxfield, partner at Fisher German, who worked with several landowners whose land was needed for Phase 2 to go ahead, is advising farmers and landowners to get on the front foot.
He said: “Landowners who were forced to sell up along the planned Phase 2 route due to compulsory purchase orders may now be wondering if they have any recourse to reacquire their land and property.
“While detailed guidance has not yet been published by the government, HS2 has confirmed that ‘any property that is no longer required for HS2 will be sold and a programme is being developed to do this’.
“In practice, we expect this will mean that Crichel Down Rules will apply. This means the original landowners should have first refusal to buy back their land from the government so long as it hasn’t materially changed."
There are many different factors to consider, he said, such as individual lease-holding arrangements, whether all of the land can be purchased if certain parts have had material changes, and whether the current value of the land has increased or decreased.
“However, the legal small print is complex, and we would urge any landowner wishing to buy their land back to seek advice," Mr Maxfield said.
HS2 was originally planned to connect London to Manchester and Leeds via Birmingham.
The Leeds connection was scrapped in 2021, meaning the original London to Birmingham plan is the only section of the line going ahead after the government’s announcement.
The disruption has caused upheaval for not only landowners but contractors too.
