Government in court over cumulative carbon from new roads

11/05/2023 | CHRIS AMES

Three major schemes in the current road investment strategy are facing a high court challenge this week as campaigners argue that their cumulative impact on the climate should have been considered when they were approved by ministers.

The claimant, retired scientist Dr Andrew Boswell, said a win could help ensure ‘proper climate impact assessment’ for proposed highway schemes around the UK.

The cases focus on three National Highways schemes on the A47, which are part of six major schemes costing almost half a billion pounds on the 115-mile section of the A47 between Peterborough and Great Yarmouth.

They are the A47 Blofield - North Burlingham dual carriageway improvement; the A47 Tuddenham - North Easton dual carriageway improvement; and the A47/A11 Thickthorn junction redevelopment (pictured).

Dr Boswell is challenging the decisions by previous transport secretaries last year to grant the three schemes development consent.

He said the crux of each case is that each was approved without considering the carbon emissions from all of them cumulatively. They have been paused since December, when permission was given for the judicial review to go ahead.

A fourth scheme being challenged by campaigners is the Norwich Western Link promoted by Norfolk County Council in the same time frame for opening in 2025.

Dr Boswell said that all four schemes are within 12 miles of Norwich and that if they go ahead, they will induce further traffic and carbon emissions.

He added that UK road transport is ‘already derailing UK climate goals’ and pointed out that the Government’s Net Zero Strategy faces further legal challenge over the lack of certainty that policies will keep emissions within legally binding carbon budgets.

Dr Boswell said: ‘My cases show the Government approved each scheme without properly estimating and assessing their cumulative carbon emissions. The cases are very timely coming at a time when the Government has not properly risk assessed its net zero policy, nor demonstrated that it has a secure pathway for delivering the UK’s vital carbon budgets and targets.

‘If the cases succeed, all road schemes will have to be assessed for their cumulative impact on climate change. It is extremely unlikely that any new roads can contribute to UK climate policy and targets as the risks to delivering net zero becoming clearer by the day.’

A National Highways spokesperson said: ‘We know from speaking to local people there is overwhelming support for these schemes by those that recognise the safety case to improve this very busy road.

‘We stand by our plans and remain confident they can deliver significant improvements to both safety and congestion on the A47 as well as a providing a significant boost to the regional economy.’

After hearing the cases on Wednesday and Thursday, it is expected that the judge in the case will reserve judgement.

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