A66 dualling legal challenge fails

A campaign group has lost a bid to bring a High Court legal challenge over the government's approval of a plan to dual the A66.

Transport Action Network (TAN) asked the court for approval to challenge the then-transport secretary's decision from March to allow the dualling of an 18-mile (29km) stretch between Penrith, Cumbria and Scotch Corner, North Yorkshire.

The group claims the project - which it says will cost £1.5bn - will increase carbon emissions by 2.7m tonnes.

The Department for Transport and National Highways both opposed the legal action at a hearing on Wednesday, with Mr Justice Mould dismissing the case on Friday.

In a ruling, the judge said the bid "does not raise an arguable basis" to claim the secretary of state was wrong to grant the order.

He said: "The secretary of state plainly took into account the need for the development in terms of national considerations and he also took account of the prospects and opportunities of carrying out the development elsewhere."

The development consent order encompasses several schemes to dual around 18 miles (29km) of single-carriageway sections of the A66 between junction 40 of the M6 at Penrith, Cumbria, and junction 53 of the A1(M) at Scotch Corner in North Yorkshire.

The group, which campaigns for better and more sustainable transport, said the road runs through the North Pennines National Landscape, previously known as an Area of Outstanding Natural Beauty, and the scheme would reduce "tranquillity".

It also said air pollution would harm blanket bog - an endangered habitat - and more than 18,200 trees would be felled.

Mr Justice Mould said the transport secretary in the previous Conservative government, Mark Harper, "found a compelling need for the development to take place" and "considered whether there were any alternatives which might serve to achieve that compelling need".

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