The transport secretary, Patrick McLoughlin, has pleaded with anti-HS2 campaigners to stop wasting public money through further legal challenges to the high-speed rail link scheme, following their latest court defeat.
The Court of Appeal today rejected a challenge to the government’s safeguarding directions that prevent conflicting construction work along the route. It is the second time litigation over HS2 has reached the Court of Appeal.
In a written statement, Mr McLoughlin said: “The courts have once again rejected a legal challenge against HS2 as they have done on repeated occasions.
“The government has now won 20 out of 21 challenges to the project. The House of Commons has approved the hybrid Bill (paving the way for HS2) in a vote of 452 to 41. I invite interested groups to work with us to make HS2 the very best it can be, and not waste more public money on costly and fruitless court cases.
He added: “HS2 will deliver jobs, skills and free up space on our congested network for more trains and more passengers, that is why we are continuing to press ahead with the Parliamentary process which will ensure spades in the ground by 2017.”
In this set of proceedings, campaign group HS2 Action Alliance and the London borough of Hillingdon had appealed against a High Court ruling by Lindblom J in July, in which he dismissed their claim for judicial review of the safeguarding directions made by the Secretary of State for Transport to protect land for phase one of the project.
HS2 Action Alliance argued that it is concerned by the blight caused by the proposals on landowners, businesses and communities near the proposed route, while the rail line is set to run through Hillingdon.
They sought a ruling from the court that the secretary of state was obliged to subject the directions to a strategic environmental assessment prior to adoption, including assessment of reasonable alternatives.
However, Sullivan LJ ruled that Lindblom J had been correct to find that the directions “do not set the framework for development consent for projects, including EIA projects, within the safeguarded zone”, and that that conclusion “accords with common sense”.
He added: “The safeguarded zone does not determine the extent of the HS2 project. The safeguarded zone takes its shape from the HS2 project.”
HS2 is currently projected to cost more than £50bn, with construction due to begin in 2017. Phase one, linking London and Birmingham, is due to open in 2026, with the full Y-shaped route open in 2032-33.
The Queen on the application of HS2 Action Alliance Limited and anr v Secretary Of State For Transport Court of Appeal (Longmore, Sullivan and Lewison LJJ) 09/12/2014
David Elvin QC and Charles Banner (instructed by Nabarro LLP Solicitors) for the appellants
Tim Mould QC (instructed by Treasury Solicitors) for the respondent
