HS2: Second judicial review on Chiltern Tunnel dismissed

An environmental group called for a second judicial review on the Enviromental Agency's decision to let it go ahead

Author: Olivia DaviesPublished 22nd Nov 2021
Last updated 23rd Nov 2021

A local environmental group, 'Misbourne Environmental Protection Limited' have had their second judicial review of the Environmental Agency's decision to give the go ahead on building Chiltern Tunnel.

On their website they say they are: "a company created to protect the Chiltern Aquifer, the River Misbourne and Shardeloes Lake from the damaging effects of HS2, and in particular the Chiltern Tunnels."

The Judge however has thrown out the application saying: “I have found it a little difficult to pin down the precise errors of law which are being alleged.” All cases have been dismissed.

A few months ago, a ground called “Misbourne Environmental Protection Ltd” applied for a judicial review of the Environment Agency’s decision to give the go ahead for the start of works on Chiltern Tunnel. This application was thrown out by the courts in early October and they were ordered to pay £10,000 in costs to the Environment Agency.

A few weeks later they again applied for a hearing in person to press the case for a judicial review.

That case was heard on 28th October and today the judge threw out this second application and upheld the decision on costs.

An HS2 spokesperson said: “We’re pleased the court has once again confirmed that the Environment Agency went through the right processes when it approved the start of work on the Chiltern Tunnel.

"HS2 Ltd take our responsibilities incredibly seriously and we have a world-leading team of engineers, hydrogeologists, and environmental scientists in place to ensure that the tunnelling operation affords the right protection for the environment, and is completed as safely and efficiently as possible. As a result, there has been no significant effect on the aquifer since the start of tunnelling six months ago.”