Out-Law News 2 min. read

Local authorities threaten legal challenge to high speed rail scheme


The Government must rethink its "massively expensive" plans for a £32.7 billion high speed rail link between London and Birmingham or risk being challenged in court, campaigners have warned.

A group of eighteen local authorities along the route, dubbed 51m in reference to how much it claims the project will cost each Parliamentary constituency, have written to Transport Secretary Justine Greening giving formal notice of their intention to pursue judicial review of the Government's decision to proceed with the High Speed 2 (HS2) network.

It said that it was not against the new line "in principle" but that the Government's proposed route was "very poor value for money" and risks "bypassing" communities in the Midlands and the north of England if a later extension to Manchester and Leeds does not go ahead.

"We are taking this stance with regret. We would far rather than the Government had listened to the people of this country who have decisively rejected this massively expensive project and instead opted for the far better, cheaper and more quickly delivered alternative put forward by 51m," said Councillor Martin Tett of Buckinghamshire County Council on behalf of the group.

Other councils involved include groups representing Aylesbury, Oxfordshire, Warwickshire and the Chilterns.

Alternative plans proposed by the group to deal with increasing demand on the rail network include doubling the capacity of the current West Coast Main Line. The group said that this will be less disruptive, be completed sooner and cost less than 10% of the proposed scheme.

The London to Birmingham phase of the 250 miles per hour line, which is scheduled for completion in 2026, will cut journey times between the two cities to 45 minutes. The proposed second phase of the project envisages the construction of an onward 'y network' connecting the line to Manchester and Leeds, as well as a spur to Heathrow Airport, by 2033. A formal consultation on routes will begin in early 2014, the Government has said.

A spokesman with the Department for Transport did not comment on the contents of 51m's letter, but said that the Government had concluded that building a new line was the best solution to overcrowding on the West Coast Main Line. HS2 will deliver "four pounds of benefit for every additional pound spent" compared to a new conventional-speed line, he said.

"The line of route between London and the West Midlands has been continually improved to mitigate the impact on those living near it and the environment. We believe we have struck the right balance between the reasonable concerns of people living on or near the line - who will be offered a package of compensation measures - the environment and the need to keep Britain moving," he said.

Legislation that will enable construction on the new route to begin is due to be introduced at the end of next year. However Patrick Twist of Pinsent Masons, the law firm behind Out-Law.com, last month urged the Government to commence building work "at the earliest opportunity".

"HS2 will create a step change in capacity and connectivity between England's largest cities. It will enable the economy to grow, creating jobs and spreading prosperity more evenly through the country. The new railway now needs to be advanced with a firm commitment that builds on the impetus of [the Government's announcement]," he said.

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