Setback for high-speed rail plan (From Halstead Gazette)

Setback for high-speed rail plan

10:49am Friday 15th March 2013 in National News © Press Association 2013

The Government's HS2 high-speed rail scheme has suffered a setback after the High Court ruled the consultation process for compensating those affected by the multibillion-pound project "was so unfair as to be unlawful".

The decision was a victory for the High Speed 2 Action Alliance (HS2AA), consisting of more than 70 affiliated action groups and residents' associations. The HS2AA case on consultation was one of five separate cases brought to block the controversial scheme in its current form. It was the only case to succeed.

Mr Justice Ouseley, sitting at London's High Court, is now hearing submissions from lawyers on the appropriate remedy.

The first phase of HS2 would see a high-speed line running through Tory heartlands from London to Birmingham. A second phase extends the line to Leeds and Manchester to create what will become known as "the Y network". The project is designed to cut journey times, ease overcrowding and boost regional business.

The Government hailed the court's decision on the cases it won as a "landmark victory" and said the loss on the compensation case would "not affect the HS2 construction timetable in any way".

Rail Minister Simon Burns said: "This is a major landmark victory for HS2 and the future of Britain. The judge has categorically given the green light for the Government to press ahead without delay in building a high-speed railway from London to Birmingham, Manchester and Leeds."

The then transport secretary Justine Greening gave HS2 the go-ahead in January 2012.

The judge said the £33 million scheme might in future be extended to Glasgow and Edinburgh, while the first phase would include a direct link with the existing high-speed Channel Tunnel rail link (HS1). The judge stressed that it was not his task to review the merits of HS2 itself, but to consider whether the decisions setting it up were legally flawed.

He identified 10 grounds raised in the five cases brought by various opponents, including 18 local councils, scores of residents' associations and action groups, plus farmers and a golf club. He rejected nine out of 10 of the grounds, which included attacks on the manner in which the project had been steered through Parliament and alleged breaches of EU environmental and habitat directives.

He also dismissed allegations that the Government failed to take account of relevant issues and was guilty of indirect discrimination because of the impact of redevelopment of London's Euston station on the local ethnic minority community. The 10th - and only successful - challenge was HS2AA's claim that the consultation and decision-making process on compensation was "fundamentally unfair".