High Court rejects HS2 challenge

A High Court judge today threw out attempts to derail the scheme to construct new lines from London the Birmingham, Leeds and Manchester.

In what the federal government is describing as a landmark victory, of the 10 broad areas of challenge presented against HS2 Phase One (from London to Birmingham) by four sets of claimants, The Hon Mr Justice Ouseley ruled categorically within the government’s favour on nine of those.

The judge agreed it was lawful for the govt. to select to rule out upgrading the present network as a reputable alternative to HS2 – noting that a patch and mend approach fails to satisfy the government’s objectives of providing a protracted term boost to capacity and economic growth.

He also found that the government’s strategy to consultation at the HS2 strategy/Phase One route, environmental assessment and consideration of the impact on habitats and guarded species, had all been conducted fairly and lawfully. The 15 local authorities challenging the secretary of state for transport lost on all seven grounds of challenge they attempted. The federal government would be looking to recoup legal costs from the claimants.

The one area where a challenge was upheld concerned the best way the valuables compensation consultation have been performed, not the merits of the policies. In an effort to save time and public money and to restrict the impact on residents affected, the Secretary of State has decided that as opposed to appealing this decision it should re-run this consultation in keeping with the judge’s finding that further consideration will need to have been given to other potential compensation models. A re-run property compensation consultation won’t affect the HS2 construction timetable by any means.

Transport minister Simon Burns said: “This is a chief, landmark victory for HS2 and the way forward for Britain. The judge has categorically given the fairway light for the govt to press ahead at once in building a high speed railway from London to Birmingham, Manchester and Leeds.

“HS2 is probably the most significant infrastructure investment the united kingdom has seen nowa days and a project the rustic cannot afford to do without. The judgement ensures that nothing now stands within the way of taking our plans to Parliament.

“We are going to now move forward as planned with the crucial business of having the scheme ready for construction in 2017 and delivering enormous benefits for the rustic.

“Now we have listened to the judge’s comments concerning the property compensation consultation and to avoid wasting time and public money we can reconsult in this aspect – but this can not delay HS2. We remain fully committed to fairly compensating the general public who’re impacted by the scheme.”

The judge has not commented at the merits of particular property compensation schemes and he has not said the govt. should introduce a property bond – preferred by HS2AA.

The next stages for the HS2 project are a consultation at the draft environmental statement within the spring and the deposit of a hybrid bill by the tip of the year.

The HS2 judicial reviews befell on the Royal Courts of Justice, from December 3 to 17 last year.