… 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.
Our case was heard on Thursday 28th October, and permission for a
Judicial Review was refused
– see our Press Release;
The Judgement
Ground 2 – the Water Framework Directive
30 “In my view this Ground strays into a challenge to HS2/the EA’s professional judgment
as to the extent of the risk, and how long it might last, which are not matters for judicial
review.”
Ground 4 Environmental Permit
36 “The decision whether a discharge permit is required for the discharge of the grout
through the tunnelling process is, par excellence, a technical one for the regulator, here
the EA. …”37 “I am satisfied that HS2 and the EA considered the risk of discharge of bentonite and the
risk of it getting into the groundwater. They took into account both the nature of the
grout and the water environment and concluded that the risk of grout migration (with
mitigation) was extremely low. I do not think any arguable point of law arises.”
Ground 1
39 “Given that there is no legal requirement to carry out an assessment of all the work
together, this is again an issue where there is a considerable measure of professional
judgement to be exercised. I accept HS2’s argument that the shaft event was not legally
connected to the decision under challenge…”