In a judicial decision with significant implications, the High Court has dismissed a challenge against the £250m A38 road project, clearing the way for future developments.
- The challenge was initiated by Stop the A38 Expansion group, contesting the government’s approval on outdated economic grounds.
- Mr Justice Mould confirmed the rationality of the previous decision, enabling the scheme to progress.
- The Linkconnex joint venture, including Bam Nuttall, Mace, and Aecom, spearheads the road enhancements.
- Campaigners vow to continue their legal battle, maintaining their commitment to contest the development.
In a move that marks a pivotal moment for infrastructure development, the High Court has dismissed a legal challenge by the campaign group, Stop the A38 Expansion, against a proposed £250 million road scheme in Derby. The group’s challenge was centred around the argument that the initial approval by the then transport secretary, Grant Shapps, was based on an outdated economic assessment. However, the Honourable Mr Justice Mould found the decision-making process to be rational, as the information available, including the benefit-cost ratio (BCR) calculation, was deemed adequate.
The project, which is being carried out by the Linkconnex joint venture consisting of Bam Nuttall, Mace, and Aecom, involves significant upgrades around the Kingsway, Little Eaton, and Markeaton roundabouts. These upgrades include the construction of flyovers, underpasses, and the widening of existing roads. Originally approved in 2021, the project faced immediate opposition from the campaign group, leading to a series of legal challenges.
The campaigners further argued that subsequent approval processes failed to adequately consider the potential increase in construction and carbon costs, branding the decision as “irrational.” Nevertheless, Mr Justice Mould affirmed that the information available to Shapps during the decision-making process was proportionate and sufficient for assessing the environmental impact of the proposed development.
Despite the ruling, the Highways Agency has stated that the road scheme will proceed, subject to a government review. In response, the campaign group has expressed their intention to appeal the court’s decision. Adrian Howlett, a representative of the group, has articulated their preparedness for this outcome and reiterated their resolve to continue challenging the project through further legal avenues.
The High Court’s ruling paves the way for the continuation of the A38 road scheme, yet further legal challenges may loom.
