Clients seek our advice in all sorts of transport-related matters, whether that is to ensure their voice is heard at a formative stage, or to challenge a decision that has been made. Major development of road and other infrastructure is often seriously worrying for affected communities and the wider environment.
Road and other transport projects can have profound, lasting effects on local communities, the landscape and wildlife. While both local and wider climate change and air quality impacts of large schemes are now a concern for many, sustainable transport can also present opportunities to bring environmental benefits. These projects cover a gamut of infrastructure: from cycle paths, bus lanes, bypasses, motorways, trainlines, ports and airports. Many projects can be complex and daunting to clients and often engage the full range of issues from: climate change and air quality concerns; environmental impact; wildlife and habitats; harm to the local landscape or heritage assets; footpaths and rights of way; and noise and other nuisance. Some projects can take many years to progress through planning and construction phases, with limited windows of consultation during which the public can participate; it is important therefore to engage with the process at an early stage.
Application process
There are various ways in which different Road and Transport projects are approved. At the local scale, this could be a Low Traffic Neighbourhood brought about by Experimental Traffic Order; a new railway or tramway authorised under the Transport Works Act 1992; a smaller road scheme such as a bypass or relief road progressed by the local authority through the normal planning process; or larger Nationally Significant Infrastructure Projects (NSIP) subject to a special process under the Planning Act 2008, applications for which are managed by the Planning Inspectorate. Examples of transport NSIPs include:
- Larger bypasses and relief roads
- New motorways
- Junction improvements
- Rail freight interchanges and terminals
- New tunnels and bridges
- New port terminals
- Airports and airport expansion
Clients’ matters
We have been involved in positive outcomes for many of our clients, including:
- Limiting the expansion of night flying at Heathrow airport – judicial review of government proposals mean they are limited to early 1990s levels.
- Quashing the Development Consent Order for the A38 Derby Junctions expansion for the Secretary of State’s failure properly to consider climate impacts.
- Securing the withdrawal of the Notice of Determination for the M62 Smart Motorway Project having challenged the decision that climate impacts did not need to be considered.
- Successful judicial review of a council’s decision to revoke an Experimental Traffic Order prohibiting vehicle access other than bicycles.
- Opposing plans for runway development at Luton airport.
- Ensuring a proper approach to environmental impact assessment of the A14 trunk road scheme west of Cambridge.
Other local transport issues continue, including busways and proposals to re-open the Oxford to Cambridge railway where clients seek the best environmental solutions for the immediate and wider community.
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Example Cases
Ashchurch "Bridge to Nowhere" Appeal
R (Ashchurch Rural Parish Council) v Tewkesbury Borough Council
Challenge to “bridge to nowhere” near Tewkesbury leads to successful appeal clarifying important points of planning law
Protection of Great Musgrave Bridge, Cumbria
HRE Group objections to retrospective planning permission for bridge infilling
Retrospective planning permission refused for concrete bridge infilling of Great Musgrave Bridge
Poole active travel ETO suspension quashed
R(Keyhole Bridge User Safety Group) v BCP Council
Court orders re-consultation following challenge to unlawful ending of Experimental Traffic Order.
A38 Derby Junctions Development Consent Order
R (Bain) v Secretary of State for Transport
Successful challenge to the A38 Derby Junctions Development Consent Order.
Camden Experimental Traffic Order
R (Shah) v London Borough of Camden
Successful challenge to introduction of pop-up cycle lanes in Camden.
Cambridge busway realignment objection
CSET busway realignment, Cambridge
Change to Cambridge bus route re-alignment following detrimental heritage impact advice.
Night flights at the London Airports
Hatton and others v. United Kingdom
Government challenged on proposals to increase night flights at the London airports
Lappel Bank – site protection nature first
R. v. Secretary of State for the Environment exp. RSPB
CJEU ruling on economic and social interests when developing Habitats Directive sites
Sources regard the firm as a "giant in the field".