A campaign group is challenging the Government's roads policy as it calls for more to be done to curb the use of vehicles across the UK.
Transport Action Network's judicial review challenge against the Government's National Networks National Policy Statement will be heard at the High Court this week.
TAN is challenging the policy framework that provides planning guidance for road schemes across the UK, with the case being scheduled for Wednesday, April 9 and Thursday, April 10.
The case comes at a critical time following the Government's recent announcement relaxing rules on the transition to pure electric vehicles through the Zero Emission Vehicle (ZEV) mandate.
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The legal challenge will be heard in court later this week
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The campaign group argues that the policy statement fails to properly align with Britain's legally binding commitment to reach net zero emissions by 2050.
TAN contends that the new policy framework will hinder UK efforts to shift towards active travel and public transport alternatives. It stresses that providing alternatives to driving has become even more crucial following the Government's decision to relax electric vehicle rules.
At the heart of TAN's challenge is the claim that the policy's carbon emissions test sets an unrealistically high threshold.
The group argues that the carbon impact of road schemes would only be considered if emissions were significant enough to risk breaching the UK's entire carbon budget.
This standard, TAN says, effectively means virtually no road scheme would ever fail the test, returning policy to pre-2015 standards before net zero targets were adopted.
The dispute dates back to 2020 when TAN wrote to the Transport Secretary requesting a review of the NNNPS in light of the UK's 2050 net zero target becoming law in 2019.
Following TAN's campaigning, the Government announced in July 2021 that it would review the policy statement. This decision came alongside the publication of the Transport Decarbonisation Plan, which prioritised shifting to public transport and active travel.
A consultation on the NNNPS began in March 2023, with the House of Commons' Transport Committee concluding in October 2023 that the draft needed amendments to align with net zero targets. However, these recommendations were rejected by the Government.
Chris Todd, Transport Action Network founder and director, said: "In 2021, the Department for Transport accepted the need for using cars less.
"With electric vehicle 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."
TAN's judicial review application, filed in July 2024, was granted permission in December on three specific grounds.
Firstly, that ministers wrongfully ignored consultation responses about shifting to public transport and active travel, despite commitments in the Transport Decarbonisation Plan.
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Prime Minister Keir Starmer confirmed changes to the Zero Emission Vehicle mandate
PA
Secondly, ministers were wrong to rely on vehicle electrification to offset the climate impacts of road-building policy. The third ground concerns ministers' failure to re-consult after making material amendments to the consultation draft.
These amendments allegedly watered down the carbon emissions test and removed references to local and regional carbon budgets.
Leigh Day solicitor Rowan Smith, who represents TAN, added: "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."
