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R (HS2 Action Alliance Ltd & London Borough of Hillingdon) v Secretary of State for Transport [2015] J.P.L. 555

DATE: 09 Dec 2014

The Court of Appeal (Longmore, Sullivan and Lewison LJJ) held that the safeguarding directions issued to protect land said by the Secretary of State for Transport to be required for HS2 did not “set the framework for development consent” within the meaning of Article 2(a) of the Strategic Environmental Assessment Directive 2001/42/EC and therefore did not require SEA before being adopted. 

The issue is of importance not only for HS2 but for other future infrastructure projects which may require safeguarding directions to be made. 

David Elvin QC and Charles Banner appeared for the Appellants, instructed by Nabarro LLP. 

Tim Mould QC appeared for the Secretary of State, instructed by the Treasury Solicitor.