Challenge is taken to Court of Appeal


27 Apr 2023

The legal challenge continues…

Challenge is taken to Court of Appeal

What is happening?

On 31 March following a high court oral hearing, a judge refused Transport Action Network’s (TAN) application for permission for a judicial review of the Secretary of State’s decision to grant the A428 Black Cat planning permission (called a Development Consent Order) on all three grounds.


While this is positive news the legal process is not over as Transport Action Network has now taken its application to challenge the development consent order to the court of appeal which is the highest court within the senior courts of England and Wales and deals only with appeals.


What does this mean for the A428 Black Cat to Caxton Gibbet improvements?

This means that the legal case is still ongoing against the Secretary of State’s decision to grant the A428 Black Cat to Caxton Gibbet improvements development consent order. The court of appeal will decide whether to accept or not accept TAN’s application. We are awaiting the court of appeal’s decision on TAN’s application.


What timescales are we working to?

The court of appeal does not publish timescales and we are awaiting the court of appeal's decision on TAN's application.


Delay to our scheme

We are hugely disappointed that the start of construction has been delayed on the road improvements that you, the local communities, road users and stakeholders have asked us for. We appreciate that this road scheme is much needed and wanted so we understand this is a frustrating time for those who recognise the importance of this scheme.  


Our continued commitment

We firmly stand by our plans that the scheme will help transform the region, improving journeys between Milton Keynes, Bedford, St Neots and Cambridge by bringing communities together and supporting long-term regional growth.

Before Christmas we held a series of public information events, attended by over 1,500 of you and the overwhelming feedback was positive towards the improvements from the local community, road users and our stakeholders.  

We will continue working with the Department for Transport.

Please be assured that we are committed to delivering these improvements as soon as possible. As this is an ongoing legal case we are not able to provide any further information but will provide further updates as soon as possible.

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