A high court judge has overturned a ban on the cutting down of trees in the path of the HS2 rail link in Buckinghamshire woodland implemented over concerns a rare species of bat might nest there. The decision came as a blow to anti-HS2 environmental protesters who 11 days ago had secured a high court order stopping the work so that the matter could be examined further. The campaigners say they are planning to take their case to the court of appeal in an attempt to overturn the latest ruling. They sought the original injunction over concerns about the fate of rare barbastelle bats that may be roosting in the trees. The case was brought by environmental activist Mark Keir against Natural England, which granted HS2 a licence to cut down some of the trees in an area known as Jones’ Hill Wood. During the court hearing, Keir’s counsel argued that Natural England had erred in the way the licence was granted. But HS2’s legal team said that a series of mitigation measures had been put in place to protect roosting bats during the tree felling. Natural England said they adopted a precautionary approach when making decisions about granting licences of this kind. On 16 April, Mrs Justice Lang issued an injunction to halt the tree felling work until the issue could be considered further. Following the hearing on Tuesday, Mr Justice Holgate said in his ruling that some of the submissions from Keir’s legal team had “a complete air of unreality” and that the grounds put forward were “wholly unarguable”. He added that there was public interest in HS2’s work continuing without “substantial interruption”. An HS2 spokesperson said: “We strongly welcome this judgment. All HS2 ecological work is designed to protect wildlife, and at Jones’ Hill Wood as across the whole HS2 route we ensure that all works are carried out in accordance with the correct legal requirements. Once built, HS2 will get people out of cars and off planes and on to trains, helping Britain to fight climate change. But even before HS2 starts operating we are working hard to protect, preserve and enhance Britain’s precious natural environment.” Lisa Foster, of Richard Buxton Solicitors, who is representing Keir, confirmed he is planning to take the case to the court of appeal. Foster said: “The case raises a very important principle of public law and the role of Natural England as regulator in projects of nationally important infrastructure where sensitive ecological habitats are threatened. What happened in this case is not a ‘one off’ licensing decision by Natural England and the judgment matters far beyond the ancient woodland trees at Jones Hill Woods. It creates a very dangerous precedent for HS2 and other developers.” A spokesperson for Natural England said: “We are aware of the decision and will comment further in due course.” In a separate case, a tribunal has ruled against HS2 for failing to release full assessments about the risk of pollution to part of London’s water supply during its work to build the high speed line. The rail line crosses the Colne valley in Hertfordshire. Sarah Green, an environmental campaigner, challenged HS2’s refusal to provide her with the full risk assessments relating to the water supply. Green first applied for the information in January 2019. A redacted version of the risk assessments were disclosed to her at the end of last year. The tribunal has ruled that HS2 must disclose unredacted versions of three water risk assessments by 21 May. “This ruling upholds the public’s right to environmental information regarding our water supplies,” said Green. An HS2 spokesperson said: “Ensuring the continued supply of high quality of drinking water from the chalk aquifer is an absolute priority for HS2 and we will continue to work closely with Affinity Water and the Environment Agency throughout construction to ensure any risks are managed appropriately. We are disappointed by the judgment and are considering our next steps.” A spokesperson for Affinity Water said it had taken “significant steps” to protect water sources in the area from harm.
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