Government’s A38 Derby road expansion scheme back in court as National Highways attempts to hide critical evidence of economic assessment failings.
Press release: 14 May 2024
Photo of Stop the A38 campaign supporters outside the Birmingham Civil & Family Justice Centre court.
The controversial A38 Derby junctions scheme was back in court today after Derby residents under the banner of the “Stop the A38 expansion campaign” launched a second crowd funded legal challenge. Richard Buxton solicitors are representing them in court against the Government’s Department for Transport and National Highways. National Highways attempted to have critical evidence relating to the problems with the A38 scheme’s economic assessment process withdrawn in what the Stop the A38 campaign have called “underhanded”.
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 enable more developments to the West of Derby near the A38 to speed up journey times between the M1 and Birmingham by a few minutes.
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 2023, new transport minister Mark Harper gave the A38 scheme the green light again.
The main ground of the latest challenge is on the scheme’s economic assessment. The Stop the A38 expansion campaign claims the transport minister acted unlawfully again by approving the scheme with an outdated economic assessment from 2019, so breached the Planning Act of 2008 by making a decision without up to date information.
The economic assessment is important as the Government claims the supposed economic benefits of the scheme outweigh all the negative impacts.
The Government’s transport minister acknowledges in his August 2023 decision letter that the scheme has many negative environmental and social impacts such as the complete loss of local wildlife sites, destruction of thousands of trees over 11 hectares of land near the A38 Derby junctions, demolition of homes on Queensway, compulsory purchases of land and property, an increase in carbon emissions both from construction and increased traffic, increased air pollution for residents at the Royal School of the Deaf, increased noise pollution, increased congestion, driver stress and pollution in Derby city as traffic diverts from the A38 during over four years of planned roadworks. However the minister decided the economic benefits such as facilitating a “minimum of 11,000 developments” near the A38 outweighs all these negative impacts.
The A38 scheme’s economic assessment and benefit:cost ratio (BCR) were not updated in August 2023 when it was approved again. According to an expert witness report, there are up to 50 changes in planning guidance such as carbon pricing and the impacts of inflation on construction costs that would impact the economic assessment and BCR calculation significantly that were not considered in the latest decision. Non-road building alternatives such as investment in public transport to alleviate congestion and enable more housing were not considered at all.
Emeritus Professor of Transport Policy, Phil Goodwin, provided an expert witness report for the claimant to evidence the failings of the economic assessment process and the problems with evidence submitted by the defendants. In response to Phil Goodwin’s report, National Highways attempted to withdraw their evidence so the court could not see Goodwin’s report at very late notice, the day the claimant skeleton argument was due.
It is likely the court will make a decision on the case a few weeks after the hearing.
Quotes
Dr Sarah Hobday, a member of the Stop the A38 expansion campaign said….
“I work with disabled children and children with complex health needs in Derby hospitals including children with asthma. Road vehicle pollution is an aggravating factor in asthma and can have many other negative impacts on health. The most effective way to reduce pollution is to reduce the amount of vehicles on the road by investing in public transport and active travel. The A38 expansion’s planning documents show it will not reduce air pollution to below safe exposure levels set by the World Health Organisation. The purpose of the scheme is to increase road capacity and traffic so private developers can profit from more car dependent, sprawling estates. That £250 million earmarked for the A38 expansion should be invested into sustainable transport to reduce congestion and pollution in Derby while protecting our health, parks, agricultural land and local areas of nature.”
Adrian Howlett, software developer and Derby resident who is part of the Stop the A38 expansion campaign said ….
“This road scheme will destroy our local environment, worsen air quality and throw fuel on the climate crisis which is already causing crop failure, driving up food prices and causing record breaking heat and weather disasters here in the UK and all over the world. This Government is putting the interests of developers and private companies over public health and the environment by trying to force through this harmful road scheme without proper scrutiny or even considering alternatives sustainable transport solutions to spend £250 million of public money on. The way National Highways have tried to prevent evidence being used in court that shows the problems with the scheme’s economic assessment process is underhanded and shows they have something to hide.”
Lewis Hadler from Richard Buxton’s Solicitors said….
“This important case has potential wider application to other schemes where there has been a significant amount of time between the assessments made in support of the scheme and the decision to grant permission for it. Our client’s case is that the economic assessment on which the decision was based should have been updated to include relevant changes to policy and guidance that had been made in the intervening years. Emeritus Professor of Transport Policy, Phil Goodwin, provided an expert report for the claimant which described the economic assessment process and the problems with evidence submitted by the defendants. In response to Phil Goodwin’s report, at very late notice, the day the claimant’s skeleton argument was due, National Highways withdrew their own evidence on this issue and argued that the court should not see Phil Goodwin’s report.”
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Photo of Stop the A38 campaign supporters outside the Birmingham Civil & Family Justice Centre court:
About the Stop the A38 Campaign:
The Stop the A38 campaign is run by a group of concerned local residents who oppose the carbon-emitting, polluting, nature-destroying A38 Derby Junctions road scheme.
Legal challenge: https://www.crowdjustice.com/case/stop-the-a38-road-expansion-for-good/
Website: https://www.a38derbychaos.org/
Press contact: SavetheA38trees@protonmail.com
References/ foot notes
Derbyshire Wildlife Trust’s concerns over the A38 scheme’s impact on wildlife and biodiversity: https://infrastructure.planninginspectorate.gov.uk/wp-content/ipc/uploads/projects/TR010022/TR010022-001217-6.1%20ES%20-%20Chapter%208(a)%20-%20Biodiversity%20(Confidential%20Content%20Removed)%20(clean).pdf
National Highways planning documents show a net-loss of trees: https://infrastructure.planninginspectorate.gov.uk/wp-content/ipc/uploads/projects/TR010022/TR010022-001217-6.1%20ES%20-%20Chapter%208(a)%20-%20Biodiversity%20(Confidential%20Content%20Removed)%20(clean).pdf
Air pollution exposure is predicted to increase at the Royal School of the Deaf: https://infrastructure.planninginspectorate.gov.uk/wp-content/ipc/uploads/projects/TR010022/TR010022-000446-TR010022_A38_6.1_Environmental_Statement_Chapter_5.pdf
Page 5 of the Secretary of State’s Decision Letter on the A38 : “The Secretary of State has had further regard to the DCCS that makes a provision for a minimum of 11,000 new homes and 199ha (gross) of new employment land. Without the additional highway capacity provided to these areas the Secretary of State notes that the planned growth would be adversely affected”. https://infrastructure.planninginspectorate.gov.uk/wp-content/ipc/uploads/projects/TR010022/TR010022-001535-230817%20A38%20Derby%20Junctions%20Decision%20Letter.pdf