HS2 Ltd wins court backing over Birmingham tunnel extension

HS2 Ltd has won a legal battle over its plans to extend the Bromford Tunnel, after a High Court judge ruled that it did not require new planning permission.

The company had originally proposed doubling the tunnel’s length in 2022, from 1.7 miles long to nearly 3.6 miles.

The structure is planned to start at Water Orton and exit near Washwood Heath in Birmingham. It was initially planned by design teams as a viaduct for the final stretch, before concerns over the impact on the nearby Park Hall Nature Reserve and the potential re-routeing of the River Tame prompted a rethink.

HS2 Ltd argued at the time that a new planning application was not needed.

North Warwickshire Borough Council disagreed and found support from the Planning Inspectorate, which advised that HS2 needed tighter scrutiny on its plans. However, then-Transport Secretary Mark Harper and Levelling Up Secretary Michael Gove overruled the advice, granting approval for the extension in May 2024.

North Warwickshire Council then applied for a Judicial Review, claiming that the correct authorisation had not been obtained.

However, speaking in court on May 20, Mr Justice Dove ruled against the council, stating that HS2 Ltd "could not have every detail identified and fixed in advance, but bearing in mind its scale and nature, it was inevitable that there would need to be some flexibility as to its final form".

He added: "I am unable to support any of the grounds upon which this application has been brought, and the claimant's claim must be dismissed."