HS2 challenge derailed as High Court rejects claims it risks 'catastrophic collapse' in Euston

Campaigner Hero Granger-Taylor brought judicial review proceedings against the major rail project
Reuters

A Euston homeowner has lost a High Court challenge to the HS2 project after claiming a tunnel design is flawed and at risk of causing “catastrophic collapse”.

Campaigner Hero Granger-Taylor, 66, brought judicial review proceedings against the major rail project and Transport Secretary Grant Shapps over plans for a “three tunnel” design under north London homes.

She argued the scheme would “endanger the lives and properties of residents” and relied on an expert report which warned of “catastrophic collapse” of a wall near to Regent’s Park and Mornington Crescent station.

In a ruling handed down at the High Court this morning, Mr Justice Jay acknowledged that the tunnel design presents “engineering challenges” but dismissed the judicial review saying he had not been persuaded that the project was “unattainable”.

“It is impossible to accept that (HS2 Ltd) is so reckless and so wilful that it is dogmatically persevering with a concept that it does not believe can be delivered safely”, said the judge.

The Birmingham and Fazeley viaduct is part of the proposed route for the HS2 high speed rail scheme
PA

“I cannot conclude on all the evidence that the Three Tunnels design is so inherently flawed in the vicinity of the retaining wall that no engineering solution could be found to construct it safely.”

Ms Granger-Taylor, a campaigner against the HS2 link, lives in a Grade 2* listed Georgian villa in Park Village East, Euston, where the retaining wall at the centre of the dispute is situated.

The wall, built more than a century ago, rests on clay and has “suffered periodic movement and shows signs of cracking”, the court heard.

Under the Three Tunnels design, which replaced an earlier idea, the apex of one of the tunnels would be just 1.5metres from the foundations of the wall.

“This judicial review challenge is directed to the safety of the Three Tunnels design in the specific context of the outbound tunnel travelling so close to the base of the retaining wall”, said Mr Justice Jay.

Paralympian James Brown joins X Rebellion Protestors in trees outside Euston Station against the building of HS2
Nigel Howard

“It is contended on the back of expert engineering evidence that this aspect of the design has engendered an engineering challenge which is insurmountable - in the result, the design is inherently dangerous.

“The risk is of catastrophic collapse of the retaining wall, either during the tunnelling works or subsequently, which would if it arose cause at the very least serious damage to the claimant’s property.”

Fighting the case, HS2 said it has “already carried out extensive review and assessment of the safety of the Three Tunnels design and has satisfied itself that it is capable of safe construction”.

The judge said his role is not to look at the merits of the rail link as a whole, as he concluded the tunnel design did not impose a “disproportionate or excessive burden” on Ms Granger-Taylor.

“It strikes a fair balance between her private interests and the wider public interest in implementing an important infrastructure project in line with primary legislation”, he said.

Ms Granger-Taylor was ordered to pay £5000 in costs but is seeking permission to appeal against today's ruling.

“I remain convinced that the flaws in HS2 Ltd's ‘Three Tunnels’ design are so great it can never be made safe", she said.

"Having lived in my house all my life 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.

Hodge Jones & Allen, who represents Ms Granger-Taylor, said they have "concerns over HS2 Ltd’s conduct and lack of transparency during this case" and this may form part of the appeal bid.

The HS2 project, estimated to be costing up to £106 billion, was given the green light by Prime Minister Boris Johnson in February. The first phase will run from London to the West Midlands and is due to open by 2031.

The project has been the focus of protests from homeowners worried about the disruption and damage it may cause, as well as environmental demonstrations.

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