Wildlife group wins High Court support for ‘Expressway’ claim against the government

THE High Court accepted Berks, Bucks and Oxon Wildlife Trust’s (BBOWT) claim against the government regarding the Oxford to Cambridge Expressway at an oral hearing at the High Court yesterday.

After having been refused permission in January to bring a claim against the government, the charity applied to the court to revisit its decision at today’s hearing, and have expessed their delight that the original decision has been overturned.

In November 2018, BBOWT issued a claim in the High Court, challenging the government’s failure to commission a Strategic Environmental Assessment (SEA) or a Habitats Regulation Assessment (HRA) as part of the process of selecting a ‘Growth Corridor’ within which the Expressway, which will included associated housing being built.

BBOWT’s arguement is that the government had failed to assess the environmental impact of its plans, before choosing the corridor of land within which the Expressway and related housing will be built.

Government ‘ignored European law’

In response to the High Court decision, Matthew Stanton, Head of Planning, Policy and Advocacy, at Berks, Bucks and Oxon Wildlife Trust, said: “We are so pleased with today’s decision surrounding the government’s proposed corridor for the Oxford-Cambridge Expressway. We were forced to bring legal proceedings because the government has completely ignored European law, which requires a Strategic Environmental Assessment for schemes that impact on the environment such as this.

‘Future generations may not forgive us’

“Today shows us that the government has a case to answer and we look forward to fighting for wildlife at the full hearing. We will continue to scrutinise the government’s future consultations, defend wildlife in the planning process, and make sure that the potential impact of this concrete corridor is fully assessed and made public. The Oxford to Cambridge Expressway could be a disaster for wildlife, and future generations may not forgive us.”

Tom Short, solicitor for BBOWT, said: “The court has agreed with our client that there is an arguable case to be heard and we look forward to a substantive hearing of the important issues raised. BBOWT believes that the Government has failed to properly consider at an early stage the environmental consequences of a major infrastructure project.

‘Members of the public alienated from the process’

“Although a public consultation is due to take place, the Government has missed a key opportunity to listen to the public and environmental organisations and ensure that their concerns are taken into account early in the decision-making process. By ignoring concerns and refusing to undertake a Strategic Environmental Assessment, key stakeholders and members of the public have been alienated from the process.”

Background

At the end of October 2018, the Chancellor of the Exchequer gave his support for the National Infrastructure Commission’s recommendation to build up to one million new homes in the vicinity of the Expressway. This could see the number of homes across Oxfordshire, Buckinghamshire and Milton Keynes nearly double.

The preferred route, Route B, for the Oxford to Cambridge Expressway has been announced. The corridor will be broadly aligned with the proposed East-West rail route from Abingdon to south Milton Keynes via Winslow. It is yet to be decided whether the route will pass west or east of Oxford following public consultation in Autumn 2019.

The government said the proposed Expressway will create vital jobs, skills and housing and that it will take up to 40 minutes off the journey time between the A34 south of Oxford and the M1.

Support from other wildlife groups

BBOWT has the support of The Wildlife Trusts nationally, and witness statements backing thei case have been supplied by RSPB, Campaign to Protect Rural England (CPRE), Plantlife and Horton cum Studley Expressway Group. The Trust also has the support of the River Thame Conservation Trust and The Wildlife Trust for Bedfordshire, Cambridgeshire and Northamptonshire, and some parish councils located within the areas that are in danger of being affected by the development.

BBOWT has stated that it is calling for a legal commitment in the forthcoming Environment Act to the production of Nature Recovery Network maps that require decision makers to work within environmental limits and ensures we pay back the damage of the past by restoring our ecosystems.

** More information about the Oxford Cambridge Express Way, including maps can be viewed on Highways England’s website HERE