Transport Action Network challenges road policy

The Transport Action Network (TAN) is gearing up for a crucial judicial review of the government's National Networks National Policy Statement (NNNPS), scheduled to be heard in the High Court on Wednesday, April 9, and Thursday, April 10, 2025. The NNNPS serves as planning guidance for road schemes, and TAN intends to argue that the new policy framework inadequately supports the UK's net zero target for 2050. Additionally, they assert that it impedes efforts to promote active travel and public transport.

In light of recent government announcements relaxing the rules surrounding pure electric vehicles, TAN highlights the growing necessity of providing alternatives to driving. Echoing this sentiment, TAN wrote to the Secretary of State for Transport in 2020, requesting a review of the NNNPS due to the formalisation of the net zero target in law. Thanks to persistent campaigning by TAN, the government eventually announced a review of the NNNPS in July 2021. This review corresponded with the release of the Transport Decarbonisation Plan (TDP), which set ambitious climate policies in motion, including a focus on shifting towards public transport and active travel.

The consultation period for the NNNPS began in March 2023. However, a report from the House of Commons’ Transport Committee in October 2023 called for amendments to align the draft with the net zero targets yet these recommendations were dismissed by the government. Instead, the revision stated that the carbon impacts of road schemes could be overlooked unless they posed a significant risk to the UK’s entire carbon budget, a notion TAN argues sets an unreasonably high standard, essentially allowing most schemes to evade scrutiny.

TAN posits that this policy effectively reinstates pre-2015 carbon emissions thresholds, proposing no safeguards for the environment. In July 2024, TAN formally sought a judicial review of the NNNPS, with permission granted in December. They contend that ministers inadequately addressed public feedback regarding the transition to public transport and active travel, despite clear guidance in the TDP.

Furthermore, TAN argues that reliance on vehicle electrification as the primary means to mitigate climate impacts from road construction is misplaced. TAN believes that ministers should have re-consulted after major amendments to the NNNPS draft were made, which diluted the carbon emissions test and eliminated references to local and regional carbon budgets.

Chris Todd, TAN's founder and director, remarked on the implications of recent developments, stating that “In 2021 the Department for Transport accepted the need for using cars less. With electric vehicle (EV) rules being watered down this week, it's more important than ever to give people cheaper, convenient alternatives to driving rather than pushing on with a costly high carbon roads programme.” Similarly, Leigh Day solicitor Rowan Smith, who represents TAN, underscored the group's commitment: "Our client, Transport Action Network, is focused on accelerating the move away from unsustainable levels of dependence on car travel, towards more climate-friendly alternatives. We look forward to arguing on TAN’s behalf that, in reviewing the NNNPS, the Secretary of State for Transport unlawfully ignored calls from the public to turn away from road-building towards greater investment in public transport and active travel, and failed to consult fairly on planning rules governing the decarbonisation of the road network.”

Photo by Peter Barr