HS2 extension did not have permission, court rules

The extension of a rail tunnel built for HS2 did not have the correct planning permission, the Court of Appeal has ruled.

HS2 has already constructed the 5.8km (3.6 miles) long Bromford Tunnel, the longest rail tunnel to be built in the West Midlands, between Water Orton in Warwickshire and Washwood Heath in Birmingham.

North Warwickshire Borough Council took the matter to the High Court claiming the extended tunnel did not have planning permission under the High Speed Rail (London-West Midlands) Act 2017.

The borough council said it had secured "an important victory" in a long running dispute. The government has said it is considering the judgement.

The council initially took the matter to the High Court which ruled against them, before going to the Court of Appeal.

The council's Tory leader David Wright welcomed the decision saying it justified the community's concern over the matter.

"It is evidence that a small council can and should champion the proper protection of communities by ensuring that major infrastructure promoters act properly within their powers and shows they are not above the law.

"I am particularly pleased that the Court of Appeal decided to consider the impacts from the perspective of Water Orton residents rather than a national or regional perspective and shows the value that local councils can make in arguing the case for their communities."

Giving the ruling, Lord Justice Holgate said the tunnel extension and portal were authorised by the 2017 act, but that the planning permission under the act did not apply.

When the tunnel's construction was authorised, the western portal was to be in Washwood Heath and the eastern portal in Castle Bromwich.

Both of these were located in the area of Birmingham City Council.

During 2020, HS2 decided the tunnel should be extended to the east by a further 2.9km (1.8 miles), so the tunnel would have an overall length of 5.8km, double the length of the original tunnel.

The tunnel's eastern portal would be constructed further to the east so as to emerge in Water Orton, which is not under the city council.

A spokesperson for the North Warwickshire council said this change brought "[considerably] more construction and destruction to Water Orton".

"Despite initially agreeing that the extension needed a separate planning application and environmental assessment HS2 Limited changed their minds and appealed to a Planning Inspector," the spokesperson added.

The Department for Transport said: "The Bromford Tunnel was built with local communities in mind and minimises impacts on the Park Hall Nature Reserve, M6 motorway and the River Tame, and is a vital connection between the HS2 network."

For the government to challenge the decision, it would need to be taken to the Supreme Court.

The HS2 project, first green lit in 2012, has been beset with difficulties.

It was originally envisaged to run from London to Birmingham with two separate lines then running to Leeds and Manchester. These lines have both been cancelled.

In March, the government ordered the company building the London to Birmingham route to consider lower speeds on the line to save money.

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