HS2AA GIVES TRANSPORT MINISTER NOTICE THAT IT INTENDS TO CHALLENGE HS2 PLANS THROUGH JUDICIAL REVIEW AND NOTIFIES EUROPEAN COMMISSION ON FAILURE TO COMPLY WITH ENVIRONMENTAL REQUIREMENTS

13 February 2012: HS2 Action Alliance (HS2AA) has served a formal letter on Justine Greening, Secretary of State for Transport, asking her to abandon her decision to proceed with HS2.  The letter also gives her notice that HS2AA may challenge her decision through judicial review.

The grounds for the legal challenge are the failure of the Department for Transport to comply with the legally binding requirements of the Strategic Environmental Assessment (SEA) Regulations 2004 and the Conservation of Habitats and Species Regulations 2010. 

The SEA Regulations require a full strategic environmental assessment of any important infrastructure project and an assessment of all alternatives to be completed before any proposals are presented for public consultation.  The Government has failed to do this with HS2.

A separate letter of complaint regarding the UK Government’s non-compliance with the SEA Directive is also being sent today to the European Commission, inviting the Commission to investigate the actions of the UK Government on this matter.

HS2AA’s letter stating its grounds for why it intends to seek judicial review is supported by the following organisations:

Four Wildlife Trusts along the route, Chilterns Conservation Board, Conserve the Chilterns and Countryside, besides the more than 70 Action Groups and Resident Associations affiliated to HS2AA

Commenting on the letter, Thomas Crane, Director, HS2AA said:
“HS2 is an environmental disaster for our country. It will irreversibly damage many landscapes, ancient woodlands and wildlife habitats which simply cannot be replaced. It will also do nothing to reduce carbon emissions.

“If the Government is determined to push such a scheme, the economic justification should be overwhelming, but this simply isn’t the case. Figures buried by the Department of Transport on January 10th, the announcement day, indicated that the already shaky business case put forward to justify HS2 is now virtually nonexistent.

“The DfT and HS2 Ltd has ridden rough shod over public opinion and many expert voices to ignore all viable alternatives in its desperation to promote HS2.  We are still hopeful that Justine Greening will see sense and halt a project which offers such limited benefit for so much environmental damage. 

“If the government had done the assessment properly they simply would not have reached the conclusion they did” he added.

Ends

For more information please contact: Richard Houghton, Aspect Consulting, Tel: 07803 178 037

For spokesperson for Wildlife Trusts, please contact:  Matt Jackson, Head of Conservation Policy, Berks Bucks & Oxon Wildlife Trust, Tel: 01865 775476 Ext 205

Notes

1. HS2 Action Alliance is a national organisation making the powerful case against HS2. It is a not for profit organisation working with over 70 groups, as well as STOPHS2 and AGAHST, who all believe HS2 does not represent an effective answer to the UK’s transport, economic or environmental needs, and support this action.

2. The environmental damage from this project is severe-the line runs through Greenbelt,  undeveloped farmland, ancient woodland, wildlife habitats and areas of outstanding natural beauty across London, Buckinghamshire, Oxfordshire, Northamptonshire, Warwickshire and Staffordshire.

3. There is no environmental case for HS2. HS2’s own data indicates that the new line will do little towards reducing carbon emissions. HS2’s latest business case relies on 12 million new journeys every year for phase 1 alone – with these entirely new journeys outnumbering those shifting from air and car by more than two to one.

4. The Strategic Environmental Assessment (SEA) Regulations 2004 implemented the EU Directive on the Assessment of Certain Plans and Programmes on the Environment (and is known as Directive 2001/42/EC).  The main objective of the SEA directive is to '...provide for a high level of environmental protection and to contribute to the integration of environmental considerations into the preparation and adoption of plans and programmes...' (Article 1 of the SEA Directive)

5. The EU Habitats Directive aims to protect the wild plants, animals and habitats that make up our diverse natural environment. The directive created a network of protected areas around the European Union of national and international importance. Protection Areas support significant numbers of wild birds and their habitats.  In the UK, the Habitats Directive is implemented by the Conservation of habitats and species regulations 2010 (SI no. 2010/490) more commonly known as the Habitats Regulations.