Stop the A38 Expansion Group v Secretary of State for Transport (The A38 Derby Junctions Development Consent Order 2023)

In August 2023 the Secretary of State granted development consent for replacement junctions on the A38 road in Derby, England. The decision was challenged on public law grounds, one of which relating to how cumulative carbon assessments were caried out. According to reports, on December 20, 2023 the High Court heard oral argument on whether the claim should proceed to trial. On the climate ground, two of the three sub-grounds were refused permission. The final sub-ground was stayed, pending the Court of Appeal's decision in the appeal in Boswell v Secretary of State for Transport [2023] EWHC 1710 (Admin). In February 2024, that appeal was dismissed, seemingly bringing an end to the climate ground in the challenge to the A38 scheme. There was, however, a further ground of challenge, which was not related to climate change. That ground will proceed to a full hearing, which is expected to take place on May 14, 2024.