HS2 Ltd has welcomed the published High Court judgement on the Judicial Review brought against the Department for Transport and High Speed Two (HS2) Ltd regarding the design of tunnels for HS2 on the approach to Euston station (known as “the three tunnels design”).
Meanwhile Ms Granger-Taylor, who brought the case against HS2, and her solicitors at Hodge Jones & Allen are seeking permission to appeal the ruling and have seven days to provide their submission.
Welcoming the High Court decision a spokesperson for HS2 Ltd, said: “As we build Britain’s new low carbon, high speed railway, safety is always our top priority. At Euston, we are currently working through a rigorous design and independent checking process, including geological and structural testing, before we begin construction of the Euston approach tunnels. We are confident that our work, in whatever form it ultimately takes, will be delivered safely.
“We are pleased that this matter has now concluded and we can move forward with the further detailed design for this section of the railway.”
The judgement concludes that there are clearly ways of constructing the three tunnel design safely and that if at any point during either the design or build processes, HS2 realised that collapse of a tunnel or the retaining wall at Euston (as alleged by the claimant) was likely, then the tunnelling project would halt and they would potentially abandon the three tunnels design altogether, if necessary. HS2 maintain the possibility of that is entirely remote and implausible as evidenced by the numerous independent authoritative reviews of the three tunnel design that have taken place already, and with more scrutiny of this type scheduled for the future.
The court has also found that HS2 Ltd actions, and the current design approach, has not resulted in a breach of rights conferred under either Article 8 or Article 1, Protocol 1 of the European Convention on Human Rights (ECHR). The court acknowledged that HS2 runs a number of statutory and non-statutory compensation schemes meaning that there are multiple options available to the homeowner claimant to mitigate the impacts of the project on her human rights, including a “settlement scheme” for ground movements, various Listed Building and noise protections and, ultimately, the right to sell her property to the government at a fair, open market value. The disturbance costs of such a move would also be payable at public expense.
HS2 says it has always maintained that safety is a priority in the design and construction of the railway and has employed highly skilled and world leading experts in order to achieve that. This was acknowledged by the court, with Mr Justice Jay saying “It is clear that Mr Woods [HS2 Ltd’s Head of Tunnelling and Underground Structures] has vast experience in the use of tunnelling techniques in a range of national and international environments.”
The case had focused around the structural integrity of the retaining wall at Park Village East in Camden and the proposed tunnelling design. HS2 and its contractors will now take forward detailed design work and assessment, and will provide more detail to the community as this work progresses.
Meanwhile in response to today’s decision, Ms Granger-Taylor and her solicitors at Hodge Jones & Allen are seeking permission to appeal the ruling and have seven days to provide their submission.
Ms Granger-Taylor said: “I remain convinced that the flaws in HS2 Ltd’s ‘Three Tunnels’ design are so great it can never be made safe. Having lived in my house all my life (66 years), I am fully aware of its structural frailty, as well as that of the 120 year-old railway retaining wall only 17m away.
“I continue to be dismayed that HS2 Ltd and their contractors can show so little regard for the stability of mine and my neighbours’ houses, and of the retaining wall, that our lives may be at risk. The Oakervee Report, in what is without doubt a reference to the ‘Three Tunnels’ design, describes HS2 Ltd’s current proposals for the Euston Approaches as carrying “major risks” (9.17). I appeal to the Government to apply common sense without further delay.”
Jayesh Kunwardia, Partner at Hodge Jones & Allen, who represents Ms Granger-Taylor, said: “We will be seeking the Judge’s permission to appeal in the next week. We have concerns over HS2 Ltd’s conduct and lack of transparency during this case. There is evidence to suggest that some information was not disclosed as it should have been. We will carefully consider the judgement to identify other grounds of appeal as well.”
Counsel for Ms Granger-Taylor is Christopher Jacobs at Landmark Chambers.
Photo credit: HS2 Ltd
