BUCKINGHAMSHIRE County Council has announced it is donating £10,000 for the fight against HS2.
The council is contributing the money to the HS2 Action Alliances’s legal fund for the continuation of its case in the Supreme Court.
Last month the Court of Appeal dismissed five grounds of appeal brought by Bucks County Council, as part of an alliance with fourteen other local authorities.
The court did however deliver an important split decision on ‘Ground 1’ which contended that the Department for Transport and HS2 Ltd should have carried out a Strategic Environmental Assessment (SEA) prior to the decision to proceed with the scheme.
The Court of Appeal granted Bucks County Council, along with the other councils, leave to appeal to the Supreme Court. It also granted similar leave to appeal to HS2AA, which also brought a challenge on Ground 1 and who had led on the case for Ground 1 in court.
Leader of Bucks County Council and chairman of the 51m Alliance of local authorities opposed to HS2 Martin Tett explained when there were nine ‘Grounds’ of challenge it made sense for HS2AA and the council to commission their own solicitors and Queen’s Counsels to present the separate cases but now that is just one Ground he said it does not make sense for them both to meet legal costs.
He added: "HS2AA has led on the SEA and it makes complete sense for them to take it to the Supreme Court. We're also conscious that we're using tax payers’ money and we are duty bound to use it wisely. We will therefore be making a £10,000 contribution towards HS2AA’s legal fund rather than commissioning our own legal team. This is because we believe that, were the appeal to succeed, there would be a clear and direct benefit to Buckinghamshire and its residents and on this basis it is proportionate to make a contribution to the HS2AA Legal Fund Appeal."
Mr Tett added: "We're aware that some other councils have decided that they wish to continue to be separately represented. We understand and respect that position. In addition, this strategy will mean that the county council can also afford to produce analysis to inform MPs ahead of the Hybrid Bill, continue with our work on defining the very best mitigation should the scheme go ahead and petitioning for it during the Hybrid Bill process.
"As the Court of Appeal has given us leave to appeal to the Supreme Court we believe that there is an excellent chance that this appeal will be successful. In addition, I am very confident that if the lack of a Strategic Environmental Assessment is referred to the European Court, it will find, as Lord Justice Sullivan did, that the Department for Transport were in breach of their fundamental obligations with regard to the environment. Our financial support to the HS2AA Legal Appeal should help ensure that this case is heard. We wish them every success. The fight goes on."
Director of the HS2AA Hilary Wharf said: "We're delighted that Buckinghamshire County Council has made a contribution to our legal fund. Most importantly it shows the confidence of the County Council in the case we have brought and our ability to pursue it to a successful conclusion."
