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The Climate Litigation Database

Transport Action Network v Secretary of State for Transport (A428 Black Cat Road Scheme)

Geography
Year
2022
Document Type
Litigation

About this case

Filing year
2022
Status
Decided
Court/admin entity
United Kingdom → England and Wales → High Court of Justice
Case category
Suits against governments (Global) → Environmental assessment and permitting (Global)
Principal law
United Kingdom → Planning Act 2008
At issue
Whether the grant of development consent for a new dual carriageway road scheme was unlawful.

Documents

Filing Date
Document
Type
–
–

Summary

In August 2022, the UK government granted development consent for the A428 Black Cat to Caxton Gibbet road scheme in Cambridgeshire, England. The proposal was for a new dual carriageway. Transport Action Network issued a public law challenge to the decision, including on climate grounds. They claimed the scheme was the third biggest carbon emitting scheme under the government's current roads programme. According to online reports, the High Court refused permission for the claim to proceed to trial. This was initially done 'on the papers', but was reaffirmed following a permission hearing on March 30, 2023. The Court of Appeal then refused the claimant permission to appeal, bringing the challenge to an end.