The controversial £250 million A38 Derby junctions road scheme is facing another legal challenge.
In 2021 the same road scheme was found unlawful after a successful legal challenge by local residents. Transport minister Grant Shapps failed to consider the cumulative impacts of carbon emissions when approving the scheme. In August this year, new transport minister Mark Harper gave the A38 scheme the green light again.
On Wednesday the 20th Dec 2023 at The Royal Courts of Justice, Mrs Justice Jefford granted the case permission to go to trial after hearing arguments from both Richard Buxton Solicitors representing the Stop the A38 Expansion campaign group and the defendants, the Department for Transport and National Highways.
Justice Jefford granted permission on the ground that the Secretary of State for transport approved the scheme again in August 2023 with an out dated economic assessment from 2019 that did not include recent planning policy changes and the potential increased financial, social and environmental costs of the scheme.
No date for the A38 trial has been set but it is estimated sometime in mid 2024.
This is one of many legal challenges the Government is currently facing on climate and environmental policy including the Stonehenge road scheme, carbon budget delivery pathways[ and Rishi Sunak’s decision to delay climate targets such as ban on the sale of new fossil fuel vehicles.
The A38 road scheme involves expanding the road from four to six lanes around the three junctions at Little Eaton, Markeaton and Kingsway and constructing flyovers and underpasses.
The main purpose of the scheme is to reduce congestion, improve the reliability of journey times between Birmingham, Derby and the M1 and to allow a minimum of 11,000 new developments close to the A38 Derby junctions area.
The scheme has caused controversy over its negative environmental impacts. It will worsen climate change by increasing carbon emissions both through construction and increased traffic despite many supporters of the scheme believing it will reduce emissions by reducing idling traffic. National Highways planning documents also show 11.38 hectares of trees to be cut down with only 6.40 hectares replanted.
A veteran oak tree and many other centuries old trees in and around Markeaton Park will be felled. Derbyshire Wildlife Trust raised concerns about the scheme’s ecological assessment and the complete loss of the A38 Kingsway Roundabout Local Wildlife Site.
Those opposed to the scheme say that it would be cheaper, less disruptive and less environmentally harmful to invest in making local public transport services more reliable, connected and affordable and to plan new developments with good public transport and active travel links to reduce pressure on the road network.
The Secretary of State approved the scheme again and concluded that the negative environmental and social impacts of the scheme are outweighed by the potential economic benefits of increased road capacity. The legal challenge’s main ground is that this decision was made without an up to date economic assessment report.
A Mackworth resident from the Stop the A38 expansion campaign said:
“After the hottest year on record and countless extreme weather events around the world, including recent record breaking flooding here in Derby, it is madness that the Government thinks extra road capacity is more important than action on the climate and nature crises.
Sometimes climate action seems like a lot of effort and change but with the A38 expansion, it’s very simple…cancel it. Let’s keep thousands of trees instead of making a road bigger with even more traffic and pollution just to line the pockets of developers with public money.
There are cheaper and less harmful transport solutions…why not invest the £250 million of public money for the A38 expansion into public transport instead?
We are glad the court gave us permission to go to trial and are now focusing on raising funds for the trial. A huge thank you to all the people who have supported our crowd funded legal challenge. It’s up to people-powered campaign’s like ours to stop our Government ignoring the law and throwing more fuel onto the climate and nature crises.”
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