Court backs government over A38 flyover scheme

Campaigners say the scheme would see thousands of trees felled and land lost at Markeaton Park and Mackworth Park

A judge has thrown out a legal challenge brought by campaigners, which was preventing changes being made to three major road junctions in Derby.

Works to the Kingsway, Little Eaton and Markeaton roundabouts on the A38 have been working their way through the planning process since 2014.

Campaign group Stop the A38 Expansion argued the scheme had been approved without an up-to-date economic assessment, but a High Court judge rejected their arguments in a decision published on Tuesday.

National Highways said the works could now begin, subject to the Labour government’s review of spending on capital projects.

Public consultations about improving the A38 in Derby began in 2001, but the plans have been repeatedly paused and redesigned.

When the latest version of the plans was put forward in 2020, it was budgeted at £250m and was said to be designed to cut congestion where local traffic meets vehicles travelling between Birmingham and the M1.

Permission to legally challenge the government-backed scheme for a second time was granted last year.

In his decision, Judge Tim Mould said he was "unable to accept" the campaigners' argument that the Department for Transport had committed an error, by not updating its economic assessment.

He said the information available to the then-secretary of state "was proportionate to what he required for the purposes of reaching his decision".

'Polluting and destructive'

He also said there was "no justification" for the admission of an expert report put forward by campaigners.

However, the campaigners complained the only reason their report was unable to be admitted was because National Highways had pulled its own updated economic assessment from evidence, after learning the campaigners' expert was casting doubt over the calculations.

Following the decision, Adrian Howlett from Stop the A38 Expansion said the group would continue its bid to halt the project.

He said: "We were prepared for this potential outcome and will be appealing and continuing our campaign to stop this polluting and destructive central government scheme."

Mr Howlett said the judgement meant ministers could "cause huge social, public health and environmental harm" based solely on a minister's opinion of what was considered "proportionate".

The government is currently reviewing its portfolio of major transport projects to see whether they remain affordable, with the A38 works expected to be part of that review.

Update 13/09/24: This article has been amended to add extra context around the judgement.

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