Rail (UK)

HS2 legal challenge

- Paul Stephen Features Editor paul.stephen@bauermedia.co.uk @paul_rail

Television presenter and environmen­tal activist Chris Packham to fight HS2 go-ahead decision through courts.

“OUR government has failed” in putting the environmen­t at the forefront of its HS2 deliberati­ons.

So says TV naturalist and environmen­tal campaigner

Chris Packham, who has launched a legal challenge into the Government’s decision in February to give the go ahead to building the high-speed scheme in full.

According to the BBC presenter, the government-commission­ed Oakervee Review into HS2 was “incomplete and flawed” because “essential submission­s regarding environmen­tal concerns were ignored” by the review panel. He also argues that the final report failed to adequately provide a proper assessment of the environmen­tal cost of constructi­on and of climate change, which has subsequent­ly rendered Prime Minister Boris Johnson’s decision to proceed with HS2 “unlawful”.

Packham previously threatened legal action in September 2019 over the Secretary of State for Transport Grant Shapp’s decision to allow enabling works for Phase 1 between London and Birmingham to proceed for the duration of the Oakervee Review. He believes that the project will damage or destroy almost 700 wildlife sites, including more than 100 ancient woodlands, and that building

HS2 is incompatib­le with the

UK’s legally binding target to fully decarbonis­e the economy by 2050.

A similar legal argument was successful­ly deployed in the Court of Appeal on February 27, when it ruled that plans to build a third runway at Heathrow Airport were illegal because ministers did not take into account government commitment­s to achieving net zero carbon emissions.

“Our future and that of the planet upon which we live and depend is critically threatened,” said Packham. “Every important policy decision should have the future of our environmen­t at the forefront of its considerat­ions but in regard to the HS2 project, I believe our government has failed.

“Today some of us are making a last stand for nature and the environmen­t, and we will not go quietly into any good night.”

HS2 Ltd told RAIL that it would not comment on Packham’s claims as the legal action is a matter for government and the Department for Transport.

The company has previously disputed similar claims of environmen­tal destructio­n made by the Wildlife Trust, however, which it describes as “not accurate”.

According to HS2 Ltd’s own assessment­s, the entire project will affect 204 classified local wildlife sites (not 693), 14 sites of special scientific interest (not 33), and 62 ancient woodlands (not 108) of which 85% will remain unaffected.

HS2 Ltd will also implement a number of environmen­tal impact mitigation measures, and says that emissions per passenger kilometre will be seven times less on HS2 than for private cars, and 17 times less than domestic air travel.

Capacity will also be released by HS2 on the convention­al network to carry more rail freight, which reduces carbon emissions by 76% compared to road.

A DfT spokesman said that the Department was currently considerin­g the legal challenge and would respond in due course, adding: “We understand the campaigner­s’ concerns, and have tasked HS2 Ltd to deliver one of the UK’s most environmen­tally responsibl­e infrastruc­ture projects.

“When finished, HS2 will play a key part in our efforts to tackle climate change, reducing carbon emissions by providing an alternativ­e to domestic flights and cutting congestion on our roads.”

 ?? HS2 LTD. ?? Early works take place at Old Oak Common during July 2019. Naturalist Chris Packham has launched a legal challenge against the Government’s decision to proceed with HS2. He had previously threatened to challenge Transport Secretary Grant Shapps over his decision to allow enabling works to continue while the Oakervee Review was under way.
HS2 LTD. Early works take place at Old Oak Common during July 2019. Naturalist Chris Packham has launched a legal challenge against the Government’s decision to proceed with HS2. He had previously threatened to challenge Transport Secretary Grant Shapps over his decision to allow enabling works to continue while the Oakervee Review was under way.
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