New legal challenge to national networks policy statement

Campaigners have taken the new Government to court over its planning policy for strategic networks, which they say continues the presumption in favour of road expansion in the Tories’ planning policy.

Transport Action Network (TAN) said its lawyers would argue at the High Court that the Department for Transport (DfT) cannot rely on policies that promote a transition to electric vehicles to cut emissions enough to meet climate targets.

The campaign group is seeking permission for a judicial review of the National Networks National Policy Statement (NNNPS), which it said ‘creates a legal presumption in the planning system in favour of road expansion and effectively requires carbon emissions from road schemes to be ignored’.

It said the NNNPS was formally designated on 24 May, just before Parliament was dissolved for the general election, and that it had to bring a legal challenge within the strict six-week time limit, filing a claim on the day of the General Election.

TAN added that the new government first asked for more time, then issued a defence at the end of August.

The group said the key legal issues in the case are:

• Whether ministers could ignore consultation responses that referred to modal shift and demand management
• Whether in approving the NNNPS ministers could rely on effective delivery of the TDP, ‘primarily’ the Zero Emissions Mandate, despite the High Court ruling the Carbon Budget Delivery Plan unlawful due to its delivery risks, ‘as well as ministers cancelling, cutting back and delaying many other key TDP policies since it was published’.
• Whether ministers were required to re-consult after having made material amendments to the consultation draft.

Highways has approached the DfT for comment.