Mair Bain v Secretary of State for Transport (The A38 Derby Junctions Development Consent Order 2021)

In January 2021, the UK government granted development consent for a road scheme for replacement junctions on the A38 in Derby, England. The decision was challenged on public law grounds. As a result, before the case was heard, the Secretary of State accepted he had committed a legal error. The inspector's report which informed the decision was subject to the Secretary of State satisfying himself on the cumulative impact on climate change in the context of up-to-date targets. The inspector was not given sufficient data to reach conclusions on that himself. It appears the Secretary of State chose not to take steps to 'satisfy himself' and proceeded with making the decision, and this appears to be the basis upon which he conceded the legal challenge. It was reported that on March 18, 2021, the High Court made an order allowing the claim, quashing the decision and sending the application back to government for redetermination.