A12 widening Development Consent Order: legal challenge lodged

Specialist Compulsory Purchase solicitor, Catherine Hibbert, takes at look at the recent announcement regarding a challenge to the recently granted Development Consent Order for the widening of the A12 between junctions 19 to 25.

Plans to widen the A12 (Chelmsford to A120) have suffered a set back; the £1.2bn scheme promoter, National Highways, has confirmed that a legal challenge to the Secretary of State for Transport’s decision to grant development consent for this scheme has been lodged.

No details are available as to the complainant, nor the grounds of challenge, but the legality of the decision to grant development consent for this scheme will now have to be tested by the Courts to determine whether the Secretary of State acted lawfully in its decision making process.

National Highways has confirmed that there will be delay to the start date of the planned road widening scheme, whilst the legal issues are addressed by the Courts. This may include delay to the exercise by National Highways of its powers of compulsory acquisition in relation to this scheme.

Philip Davie, National Highways project director for the scheme, said "We stand by our plans and remain confident that our proposals to improve the A12 will increase safety, reduce congestion, and futureproof the road for economic growth in the East of England. We cannot confirm when we can start to deliver these vital improvements until the legal challenge is resolved."

Holmes and Hills LLP will continue to monitor the situation and provide updates when appropriate. In the meantime, if you have interests which are affected by the proposed A12 widening scheme and need advice on your entitlement to compensation, the scope of your claim and next steps, please do not hesitate to contact one of our dedicated team of CPO solicitors, Michael Harman, Mel Francis or Catherine Hibbert.