North Warwickshire Borough Council has been vindicated in the Bromford Tunnel dispute after the Court of Appeal found that the environmental effects of the extension should have been assessed.

As part of the HS2 Judicial Review Appeal this week, the Court of Appeal has ruled in favour of the council, confirming that an assessment of the environmental impacts of the Bromford Tunnel works should have been carried out.

The case focused on the long-running dispute about the construction scheme in Water Orton, which saw Government departments overrule a Planning Inspector’s verdict that a separate planning application and environmental assessment was required to extend the works into North Warwickshire.

However, a statement issued by the council on Wednesday reveals that the Court of Appeal ‘could only issue a declaration that the borough council had been correct’ because the construction is now near completion.

An appeal to the Supreme Court is being considered by HS2 Limited and the Government at present, while the council has resolved to collaborate with HS2 and the Department for Transport to support residents and local businesses impacted by the scheme.

Council leader Cllr David Wright said: ‘I warmly welcome this decision as it justifies this council and our local community’s concern that HS2 Limited were causing significant impacts in our area and making no attempt to even assess the damage being caused, never mind trying to mitigate it.

‘It is evidence that a small council can and should champion the proper protection of communities by ensuring that major infrastructure promoters act properly within their powers and shows they are not above the law.’

He added: ‘I am particularly pleased that the Court of Appeal decided to consider the impacts from the perspective of Water Orton residents rather than a national or regional perspective and shows the value that local councils can make in arguing the case for their communities.’