Ruislip & Eastcote & Northwood Gazette
Council claims win in HS2 fight
APPEAL COURT BACKS REFUSAL OVER PROTECTION ZONE IMPACT
HILLINGDON Council has claimed victory in a legal battle against HS2 after it refused permission for works to the controversial rail project back in 2018 for development in a wetland nature reserve.
The Court of Appeal overturned a High Court decision in the local authority’s favour over the submission of an HS2 plan, under the HS2 Act, which had given little information on what would be done on a site of importance - the Colne Valley Archaeological Protection Zone, and part of a nature conservation area.
The council’s refusal was due to concerns over the impact the development would have on ecological and archaeological interests.
In passing the HS2 Act in 2017, Parliament granted planning permission to the HS2 project in principle, and therefore this limits what local authorities can object to on approving certain details of how the works will be carried out.
HS2 decided to challenge the council’s refusal, and the government allowed the appeal. In December 2019 the council lost a High Court battle over the move, which the Court of Appeal subsequently overturned on July 31.
Now the government has been ordered to pay the council’s legal costs for the whole process.
In the ruling, the judges said: “We also conclude that the authority is under no duty to process a request for approval from HS2 Ltd unless it is accompanied by evidence and information adequate and sufficient to enable the authority to perform its statutory duty.
“On the facts of this case, for whatever reason, the system did not work as it should have: HS2 Ltd did not submit the information necessary for the local authority to perform its statutory duty to evaluate the proposed building works for their potential impact upon relevant planning interests.
“The reasons for this were said to be due to a temporary inability on the part of HS2 Ltd experts to gain access to the site for the purpose of conducting investigations. But that was some two years back and during the appeal we were given no information as to the present position.”
Hillingdon Council leader Ray Puddifoot said the council will continue to challenge decisions that could harm the environment, or health and wellbeing of residents following the ruling. He added: ‘’HS2 Ltd thought that they could act with total impunity and just expect the council to approve its planning applications without question.
“As the Court of Appeal has said, it cannot have been the intention of Parliament to allow HS2 Ltd to be a judge in its own cause.”
A Department for Transport spokesperson said the government was “disappointed” with the judgement, and will consider the ruling carefully before deciding its next steps.
They added: “In spite of the verdict, construction on HS2 will continue to gather pace. Britain’s lowcarbon railway is absolutely necessary for levelling up our country, and we have tasked HS2 Ltd to deliver one of the UK’s most environmentally responsible infrastructure projects.”
But the council’s victory over HS2 has not been celebrated by all.
Anti-HS2 campaigners such as Mark Keir, of Hillingdon Green Party, believes the council’s actions against HS2 do not go far enough.
Reacting to the verdict, he said: “LBH [London Borough of Hillingdon] have done nothing to protect the other 1,000 or so acres of Hillingdon being destroyed...have done nothing to help local residents having their homes, businesses and whole lives smashed by HS2.”
He also said the authority has “harassed” campaigners rather than engaged with them.
He added: “And, perhaps the most insidious part of all, earlier this year LBH jumped wholeheartedly into bed with HS2 and did their damnedest to outlaw HS2 protest in Hillingdon.
“They have just managed to save 1.5 acres of wetland nature reserve. Temporarily. Big bloody deal.”
Hillingdon Council declined to comment.