North Warwickshire Borough Council has secured an important victory in the Court of Appeal in a long running dispute regarding works in Water Orton.
After the designs had been scrutinised in Parliament, HS2 Limited decided on a major change to the Bromford Tunnel. Originally this was due to be built in Birmingham but HS2 Limited decided to extend that into North Warwickshire bringing considerable more construction and disruption to Water Orton.
Despite initially agreeing that the extension needed a separate planning application and environmental assessment HS2 Limited changed their minds and appealed to a Planning Inspector.
The Inspector agreed with North Warwickshire Borough Council but the Government departments overruled the Inspector.
The Borough Council challenged that decision in the High Court but lost, however an appeal was made to the Court of Appeal who this week ruled in favour of the Council that an assessment of the environmental impacts should have been done.
Given the work is now almost completed, the Court of Appeal felt it could only issue a declaration that the Borough Council had been correct.
Reacting to the news, Councillor David Wright, Leader of the Council said:
“I warmly welcome this decision as it justifies this Council and our local community’s concern that HS2 Limited were causing significant impacts in our area and making no attempt to even assess the damage being caused, never mind trying to mitigate it. It is evidence that a small Council can and should champion the proper protection of communities by ensuring that major infrastructure promoters act properly within their powers and shows they are not above the law.
I am particularly pleased that the Court of Appeal decided to consider the impacts from the perspective of Water Orton residents rather than a national or regional perspective and shows the value that local Councils can make in arguing the case for their communities”
Councillor David Reilly, Councillor for Water Orton added:
“This is a very important victory for the Council and a tribute to our planning officers who raised the alarm with regard to how HS2 Limited were treating the massive impact and disruption being caused in Water Orton. I’m grateful to senior management and Councillors for supporting those officers even when HS2 Limited and Government officials sought to put pressure on them to change their view. This Council does not go to Court lightly but will fight to protect local communities.”
The Government and HS2 Limited are currently contemplating an appeal to the Supreme Court. Subject to that decision, the Council will now seek to work with HS2 and the Department for Transport to consider how the effects of the scheme change, on the lives of residents and businesses operating in the Water Orton area, can be effectively addressed and mitigated.
The full Judgment can be found here.