Further Hearing In Transport Action Network's Application For Judicial Review Of RIS2 Decision

• Published date: 30 October 2020
• Subject Matter: Environment, Transport, Environmental Law, Rail, Road & Cycling, Climate Change, Clean Air / Pollution
• Law Firm: Leigh Day
• Author: Leigh Day

TAN was granted permission in July to apply for judicial review of the green light for the multi billion pounds roads expansion programme on the grounds of its climate change impact. That will go to a full hearing in due course.

Now the campaign group is applying for permission to bring the judicial review on the further grounds of air quality and lack of strategic environmental assessment, which the first judge initially refused.

It argues that the Secretary of State has a duty to "actively to drive down levels of air pollution, not merely to ask himself whether air quality impacts of a given development are too severe to permit it to proceed".

It argues that strategic environmental impact is grounds for review because although the judge said RIS2 "is an investment document rather than a planning policy document for future development" and therefore would not fall within the Strategic Environmental Assessment regulations, RIS2 is "a document containing elements of (or akin to) planning policy" because it constrains consideration of the need for road projects further down the line.

TAN is represented by Leigh Day solicitors, David Wolfe QC (Matrix chambers) and Pete Lockley (11 KBW).

Chris Todd, TAN's director, said:

"While the High Court has already agreed to put the DfT in the dock on its climate record, it's only right ministers should...