SEVEN judges in the Supreme Court have unanimously dismissed appeals lodged by anti-HS2 protestors on environmental grounds, but the protestors say they will now take their case to international tribunals.
The protestors, who included the HS2 Action Alliance as well as local councils and Heathrow Hub Ltd, had claimed the Government had failed to comply with a European Directive which covers environmental assessments, but they had already lost their arguments in lower courts, most recently in the Court of Appeal. They had been given permission to appeal again, this time to the Supreme Court, which sat for two days last October.
Transport minister Baroness Kramer said: "We welcome that the Supreme Court has unanimously rejected the appeal, which addressed technical issues that had no bearing on the need for a new north-south railway. The government’s handling of the project has been fully vindicated by the highest court in the land.
"We will now continue to press ahead with the delivery of HS2. The new north-south line will provide extra space for more trains and more passengers to travel on the network, delivering additional capacity where it is most needed. HS2 will also generate thousands of jobs across the UK and provide opportunities to boost skills.
"It is part of the government’s long-term economic plan to build a stronger, more competitive economy and secure a better future for Britain. HS2 is also essential in helping rebalance UK growth - bringing greater prosperity to the Midlands and the north - and we are continuing with the crucial business of getting the scheme ready for construction in 2017.”
However, the HS2 Action Alliance said it will now complain to the Aarhus Convention Compliance Committee in a bid to establish that the Supreme Court’s 'restrictive approach' was contrary to the Convention. The Committee has the power to find that the Supreme Court’s decision leaves the EU and/or the UK in breach of their UN Treaty obligations.
The group is also planning to bring a complaint to the European Commission. If this complaint is accepted then the Government can be taken to the European Court of Justice.
HS2AA director Hilary Wharf said: “We always knew this would be a long fight. We will continue to press the Government to meet its environmental obligations. The Government should be safeguarding our environment for future generations and the simple fact is HS2 is an unnecessary and hugely damaging project environmentally.”
Meanwhile, Centro chief executive Geoff Inskip said the Supreme Court decision was 'excellent news for the West Midlands' as High Speed rail would provide jobs and economic growth. He added: “It is essential we press on and build HS2 without delay."