Local authorities seeking to promote changes to plans for the second phase of the HS2 rail link will have to invest significant time and resources to argue their case, according to infrastructure planning experts.

A series of government announcements on HS2 prior to parliamentary recess last week marked an important moment for the £56 billion high-speed rail project designed to connect north and south. Most significant for planners was the announcement of important decisions on the route north from Birmingham to Crewe, Manchester and Leeds, including the publication of a hybrid bill designed to give, on assent, outline planning permission for the comparatively modest £3.5 billion phase 2a of the project stretching between Lichfield and Crewe.

Transport secretary Chris Grayling also published his decision on the route for the much more ambitious phase 2b, comprising lines from Crewe to Manchester and the West Midlands to Leeds. However, hurdles remain in the way of HS2 securing necessary second phase permissions, while many local authorities sitting on the proposed route still have concerns to be addressed.

The most immediate action will be in the starting of the parliamentary process designed to give outline consent to phase 2a. The High Speed Rail (West Midlands to Crewe) Bill, which had its first reading on 17July, will be subject to a vote in parliament at second reading, expected in November. If approved, this will secure the principle of the bill, before a lengthy committee stage likely to start in the New Year in which affected parties can petition for changes.

However, any petitions will not be allowed to conflict with the principle of the bill. This process means that any new stations or significant changes to the route will not be considered during the hybrid bill process. Robbie Owen, head of infrastructure planning at law firm Pinsent Masons, said: "The ability to petition is quite limited. Petitioners have to be ‘specially and directly affected by the railway, and these rules are policed quite aggressively."

At just 36 miles, phase 2a is much shorter and goes through fewer built-up areas than the 119-mile phase one, leading to some optimism that it will get assent relatively quickly. Owen said he expects the process to be "reasonably straightforward", estimating that the bill could receive Royal Assent as little as 18 months after starting in committee. This compares to more than three years for approval of the hybrid bill for phase one.

There are nevertheless many potential pitfalls. Separate to the hybrid bill publication, Grayling also published a consultation on building a "Crewe Hub" station as part of phase 2a. Should the government decide to go ahead with this, it could add it to the bill later or seek a permission under a Transport and Works Act, either of which could delay things.

Moreover, with the hybrid bill containing three significant changes to prior plans – including the relocation of an enormous marshalling yard and maintenance facility from near Crewe to Stone – it is likely that local authorities as well as private citizens will seek to petition for changes. Grayling mentioned Stone MP Bill Cash’s opposition to this change at first reading of the bill.

The company set up to build the railway, HS2 Ltd, said it will welcome input from affected
communities. "This is a real opportunity for communities to get involved and contribute to helping design the railway," said a spokesperson. "We encourage people to engage with us as we develop the UK's new high-speed rail network."

However, local authorities seeking to promote changes will have to invest significant time and resource to argue their case, including the commissioning of consultants such as engineers and surveyors to provide evidence. Alex Dillistone, senior associate at law firm Winckworth Sherwood, said: "If a local authority is proposing a significant change it will have to produce a fair amount of evidence." Owen said: "Local authorities need to make all the running. It's a major undertaking to launch a case for even a minor route change."

In past hybrid bills, this cost burden on local authorities has seen them join forces to fight their case, according to Angus Walker, partner at law firm Bircham Dyson Bell. "Local authorities can get together and decide on the topics each are going to lead on, with one taking noise issues, one taking route mitigation and so on," he added.

Also mitigating smooth progress is Brexit, which is taking large amounts of parliamentary time, and the parliamentary arithmetic following the June election. While the Labour Party has backed the project in principle, the government&rsquo's lack of an outright majority means it could be pressured to make changes. Walker said: "The political uncertainty might delay things, along with the fact parliament is clearing the way for Brexit legislation."

These potential hurdles are all significantly amplified for phase 2b of the project, given its greater scale. The first hurdle is the possibility of judicial review before the hybrid bill, earmarked for 2019, is published. Should that not delay it, then it will likely face significant opposition in committee given the strength of feeling over some of the route decisions.

These include the cancellation of plans for a station at Meadowhall between Sheffield and Doncaster and moving the line east, requiring the demolition of 51 properties, including part of a new-build housing estate in Mexborough. Doncaster mayor Ros Jones has pledged to fight the "irrational" decision and Doncaster North MP Ed Miliband spoke in parliament of the "deep anger" of his constituents. Walker said: "Phase 2a is really just a dress rehearsal for 2b. Phase 2b is a very big undertaking."

Another source of likely problems is at Measham in Leicestershire, where as part of HS2 the local council is being forced to safeguard a strategic housing site identified in its local plan for 450 homes. North West Leicestershire MP Andrew Bridgen said the announcement puts the Measham Wharf scheme "at considerable risk", although HS2 said the council had indicated it would be able to find other sites.

Vicky Fowler, partner at law firm Gowling WLG, said: "Where safeguarding sterilises strategic housing sites, then local authorities will need to revisit their plans to demonstrate they still have a five-year land supply."

Given the limited scope for change during the bill process, experts are urging local authorities to engage with the Department for Transport now to get concerns addressed. Owen said: "It's absolutely crucial that authorities make the arguments now rather than wait for the bill to appear, when it’s too late."

Source: Planning Resource