Another Legal Challenge to Stop the Polluting and Destructive A38 Expansion

The A38 expansion was granted another development consent order (DCO) by the Secretary of State for Transport. This means National Highways is allowed to begin construction work but they haven’t published a timetable yet. However we will be launching another legal challenge to stop this pointless, destructive and polluting waste of public money. We have already contacted the lawyers who are reviewing the DCO. In 2021 local residents proved this scheme was unlawful and stopped it with a legal challenge and we will keep fighting.

This road scheme will still increase carbon emissions (131,000 tons from construction then more from increased traffic), increase traffic and destroy thousands of trees including centuries old ones in Markeaton park and a veteran oak  while causing traffic chaos and more air pollution for the estimated four years of construction with traffic likely diverting through Derby City Centre. 

The scheme will not solve congestion as the main reason for this road scheme is to allow developers to build thousands of unaffordable, isolated new build developments on greenfield sites which will increase traffic. Even the scheme’s planning documents include carbon emission increases from traffic growth. This is yet another example of the Government using public money to prioritise the interests of their friends in big business over ordinary people and the environment. Property tycoons were responsible for 20% of all Conservative party donations in 2021. 

The A38 expansion is not the right solution to alleviate congestion as it will encourage more vehicles by increasing road capacity and opening up nearby areas for more traffic inducing developments. The congestion is only occasionally at peak travel times or when there is an incident. To address congestion there needs to be more investment in public transport, active travel, community EV hire and other sustainable transport initiatives. Other cities have tackled congestion in sustainable ways without needing to expand roads, so why can’t Derby? The estimated £250 million of public money earmarked for the A38 expansion could be invested into repairing existing roads and cleaner transport options that would actually reduce congestion while protecting our environment but instead it is being wasted on a scheme that will cause years of traffic chaos and facilitate more traffic while destroying our environment. 

Previously the Court ruled that the Secretary of State had failed to properly consider the cumulative effects of carbon emissions when granting the DCO.6 Last year the Government was ordered to revise their Net Zero strategy by the High Court as it failed to explain how its policies will comply with environmental law around carbon emissions which are the main cause of the climate crisis. The Government is now being challenged again as it has still failed to outline a legally compliant Net Zero strategy and carbon budget plan. The A38 is yet another example of the Government approving schemes without proper consideration for the climate crisis and legally binding carbon budgets to address the crisis.

This decision to grant a DCO to the A38 comes despite the Government’s own Committee on Climate Change(CCC) recently advising to halt all road building schemes. The CCC also criticised the Government on Net Zero progress, and said the Government’s 2030 goals for cutting emissions are further away than they were a year ago.

This year there has been even more devastating wildfires such as those in Hawaii, droughts and crop failure, dangerous heat waves, floods and record breaking temperatures and sea ice loss due to the climate crisis with scientists ringing the alarm bells louder than ever. This Government has demonstrated time and time again, their top priority is making themselves, their party donors, the companies they have shares in and the businesses who lobby them richer while everyone else gets poorer. The Government’s decision to actively make the climate crisis worse by approving schemes that pointlessly increase carbon emissions is risking billions of lives (Current climate policies will leave more than a fifth of humanity exposed to deadly hot temperatures by 2100) and we will not stand by and allow their harmful, greedy, self-interested and deadly decisions to go unchallenged. 

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