HS2 in Court

John Savin  |  Published: Dec 20th 2012

HS2 in court No decision has been taken, according to the government lawyers in court. Lawyers for 51M, the council group, argued that as a decision had been made, people in the North could not have their views heard as they had not been consulted. No decision means there cannot be a judicial review. The did or did not decide position depends on the judge and maybe appeals. The HS2 AA case was the one Wendover supported. Many thanks to all who contributed. David Elvin QC made HS2AA's case over 4 - 5 December: stated simply, the Secretary of State for Transport had acted unlawfully by: failing to comply with the Strategic Environmental Assessment (SEA) Regulations. SEA requires that alternative routes be properly considered, environmentally assessed and consulted upon. ignoring its obligations under the Habitats Directive to undertake screening for protected species and habitats. ignoring the provisions of the international Aarhus Convention to provide information, participation in decisions and access to justice in environmental areas. making significant changes to the route after the 2011 consultation but then failing, as required by the SEA, to provide alternatives and re-consult on these changes. The case also emphasised that a Hybrid bill process means that the requirements of the EU Environmental Impact Assessment Directive would not be followed. If any Judicial Review succeeds expect a DfT appeal and a need for cash to fund it. Compensation consultation, low profile, is underway. An information sheet will be sent round in January or ask now. The autumn statement delayed the Northern Y- arm route till next year, even HS2 did not know! Some northern MP's are belatedly realising that they have misunderstood dates and benefits. Donate £5/mth by standing order to save Wendover! For information contact Antony Chapman on 01296 623730 (chap@halevalley.wanadoo.co.uk).

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