Derby junctions scheme faces renewed legal challenge

03/01/2024 | CHRIS AMES

National Highways' £250m A38 Derby junctions road scheme is facing another legal challenge.

Last month the High Court ruled that a challenge from opponents of the scheme can go ahead on the ground that transport secretary Mark Harper approved the scheme with an outdated economic assessment from 2019.

In 2021 the then transport minister, Grant Shapps, withdrew a development consent order in the face of a legal challenge by local residents, but last August Mr Harper redetermined the application.

The 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.

National Highways says that where the A38 passes through Derby, long distance traffic interacts with a large volume of local vehicles, causing congestion.

Local residents group Stop the A38 expansion campaign argues that the scheme would worsen climate change by increasing carbon emissions both through construction and increased traffic.

It says it would be cheaper, less disruptive and less environmentally harmful to invest in making local public transport services more reliable, connected and affordable.

A member of the group said: ‘We are glad the court gave us permission to go to trial and are now focusing on raising funds for the trial.

‘It’s up to people-powered campaigns like ours to stop our Government ignoring the law and throwing more fuel onto the climate and nature crises.’

Although no date for the trial has been set, it is estimated that it will happen in mid-2024.

A National Highways spokesperson said: ‘We await a formal order from the court detailing the decision and timeframes for next steps.

‘We remain committed to delivering this much-needed scheme on the A38 in Derby which will provide additional capacity, better connectivity for people and businesses and safer journeys for everyone.’

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