Grant Shapps admits Derby A38 expansion approval was unlawful

Date: 22nd March 2021

Local residents and campaigners [1] have welcomed the news that Transport Minister Grant Shapps has admitted that he acted unlawfully when he approved the A38 Derby Junctions road scheme in January. The High Court will now quash the planning permission for the scheme. 

Shapps conceded that his decision to approve the road expansion breached Environmental Impact Assessment (EIA) regulations by failing to provide a reasoned conclusion on the development’s cumulative climate impacts with other road schemes in meeting the UK’s national climate targets. The A38 Derby Junctions is one of four legal challenges against road building in the UK[2].

The road scheme, which would involve major works from the A38 Kingsway to Little Eaton roundabouts and expand the road to six lanes of traffic around Markeaton Park[3], was approved by the Secretary of State in January. However, a member of the Stop the A38 Expansion Group launched a legal challenge[4] on the grounds that the road would increase the city’s carbon emissions, further reduce air quality and exacerbate the climate emergency.

Alyson Lee, a spokesperson for the group, said: “We are delighted the Secretary of State has admitted he acted unlawfully in approving this scheme. We are in a climate emergency and ecological crisis and urgently need to cut CO2 emissions and stop destroying nature.”

She added: “With road transport being one of the biggest sources of CO2, it is madness to be pushing ahead with this outdated scheme that will make the climate emergency worse. The £250 million for this road should be invested in sustainable forms of transport to reduce CO2 emissions, congestion and air pollution while conserving Derby's green spaces."

Derby resident, Mair Bain said: “The climate crisis is the greatest threat that humanity has ever faced, and yet the Government and local councils are still failing to act. When will they stop prioritising short-term economic growth over the future of the planet?”  

The High Court will quash the Development Consent Order and the DfT will also pay the legal costs. The Stop the A38 Expansion Group will continue to monitor the situation carefully and hold the DfT to account on any further decisions in relation to the A38. It will use the funds it has raised so far through its Crowd Justice page to fund expert legal advice and assistance in doing so.

The screenshot is from this article: https://amp.theguardian.com/uk-news/2021/feb/11/27bn-roads-plan-doubt-shapps-overrode-official-advice

It's relevant to the A38 expansion news as the A38 is a RIS2 scheme. “£27bn expansion of England’s road network has been thrown into doubt after documents showed the transport secretary, Grant Shapps, overrode official advice to review the policy on environmental grounds, the Guardian can reveal.

It has been a legal requirement to take into account the environmental impact of such projects since 2014. Shapps appears to have pressed ahead despite the advice of civil servants in his own department."

For further information contact: savetheA38trees@protonmail.com

For photographs please select from this folder – https://www.dropbox.com/sh/f758ealgzlf5d3c/AAAjYa65C9b46cCf78q587eMa?dl=0

Notes to editors

1.    https://www.a38derbychaos.org/

2.    Transport Action Network are bringing two legal actions against the DfT’s road building policies: https://transportactionnetwork.org.uk/campaign/legal-action/

Save Stonehenge World Heritage Site are also bringing a legal challenge against the A303 dual carriageway and tunnel through the World Heritage Site: https://www.crowdjustice.com/case/save-stonehenge-world-heritage-site/

3.    https://infrastructure.planninginspectorate.gov.uk/projects/east-midlands/a38-derby-junctions/ 

4.    https://www.crowdjustice.com/case/help-us-stop-the-a38-expansion/