A38 Derby Junction scheme given go ahead but expected to face a second legal challenge

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The National Highways’ £250M project involves improvements to roundabouts at Kingsway, Markeaton and Little Eaton (see box) but the initial DCO for the scheme granted in January 2021 was overturned by a legal challenge in the High Court. Like the Stonehenge Tunnel DCO, the Derby application was put through a redetermination process and sent back to the then secretary of state for transport Grant Shapps.

The 2021 legal challenge was brought by Mia Bains from Extinction Rebellion Derby’s Stop the A38 Expansion over the significant loss of trees and public space, as well as the congestion caused by the four year construction period and carbon emitted – estimated to be 131,000t – during the build. Bains has already vowed to challenge the second DCO process in court.

At the time, National Highways said that the decision was quashed “due to a challenge on our carbon assessment, which we submitted as part of our application”. However, it maintained that the “scheme met the requirements of the DCO application” and it was “confident that the scheme remains the best solution”.

Current transport secretary Mark Harper gave the project the green light yesterday but did not comment specifically on the scheme in his statement on the DCO approval. Harper’s statement instead talked more generally about the need to invest in East Midlands roads to “create jobs, grow the economy and reduce congestion” before referencing the £24bn expected to be spent on the strategic road network during the current investment period.

However, National Highways regional delivery director Anita Prashar called the announcement a major milestone and said that the A38 improvements would improve the route for the thousands of people that use it every day. She added: “The A38 is an important route from Birmingham to the M1 at junction 28. Where it passes through Derby, long distance traffic interacts with a large volume of vehicles making local journeys, resulting in congestion and delays. Our upgrade will change that.

“This vital work will deliver much needed additional capacity, providing better connectivity for people and businesses and safer journeys for everyone.”

The Linkconnex consortium, which is formed by Bam Nuttall, Mace and Aecom, was appointed to carry the project in 2018 as part of National Highways’ £8.7bn regional delivery partnership framework, which runs from 2019 until 2024.

Nonetheless, although the contractor for the project is in place, National Highways has said it could take 12 months to start on site.

The scheme is expected to face a further legal challenge. Objectors now have a six week window to lodge their intention to challenge the decision and the Stop the A38 campaign group has already said that it intends to follow this process.

In a statement, the group said: “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 challenge6 and we will keep fighting.

“This road scheme will still increase carbon emissions – 131,000t 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.”

The group called for 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?” they said.

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