My Lords, there is a case for ensuring adequate compensation in special circumstances, and one such case is outlined in the proposed new clause. I understand that the company, Park Village Ltd, is and has always been acknowledged as a special case but is not necessarily being treated as such. It is a matter of public interest that this issue should be addressed during the progress of the Bill.
I am satisfied that Park Village Ltd is seriously under threat from the HS2 works. No adequate solution for the company’s plight has yet been agreed following the appearance of the company before both parliamentary Select Committees. I was very pleased that the Select Committee of this House referred to its sympathy so far as the company was concerned, but I am pleading for more than just sympathy.
The company suffers the dual misfortune of being sandwiched directly between the proposed utility and construction works in the street directly facing the premises and the demolition, excavation and construction works for the proposed new tunnel portal, head house and barrette wall, making it potentially the single most affected business in the street, in Camden and perhaps ultimately on the entire HS2 route. Without assessing any blame, I believe there has been a failure to grasp the seriousness of the impact of the extent and duration of the HS2 works on the viable operation of this distinctive and exceptionally sensitive business, which relies on the special character of the property and its peaceful and accessible location.
Compensation proposals put to the promoter in the event that mitigation cannot adequately resolve the impact of the HS2 works on the viability of the business have so far been ignored, leaving the company effectively at the mercy of HS2. There is the very real possibility that this exceptionally renowned family business will be unnecessarily lost to the scheme unless special measures are put in place to ensure its continuance.
Let me explain. Park Village Studio is a valuable local asset with a business that has attained international recognition for its exceptional work, but it is nevertheless a family-run, father-and-son business with only limited capacity to withstand externally undermining impacts
on its viability brought about by the HS2 works. The studios provide an accessible, high-quality, characterful, tranquil and creative environment where films can be made in necessary peace and quiet, notwithstanding the proximity of the existing railway, which is in deep cutting.
The highly intrusive and lengthy programme of demolition, street utility diversions and construction works proposed by HS2 on virtually all sides of the property, including impacts above and below, will cause the business to suffer significant noise, vibration and pollution impacts. Of particular concern is the proposal by HS2 to deny vehicular access for months at a time to either or both of the studios’ main access doors from Park Village East, which will render the studios incapable of use or hire. No compensation is offered from the promoter.
Indeed, this sort of problem has already arisen. HS2 I understand has subcontracted Thames Water to carry out a major utility diversion now. Park Village Ltd has already lost business before the Bill has even been passed. In essence, the statutory compensation code compensates for the loss of property value, but not for the loss of business income or damage caused to business.
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