Focus of work
In the planning system, road user carbon emissions are computed from a traffic model including the scheme, foreseeable land-based developments, other roads schemes, and national assumptions on economic growth. However, only a fraction of this carbon, based on the difference between model outputs with and without the road, is taken forward to assessment. As only a small fraction of the total transport footprint, this quantity does not account for cumulative effects of other developments, and significantly under-represents the real impacts. This way of calculating road use carbon is a misleading method where every scheme “passes” the carbon test even if emissions may be substantial.
Andrew Boswell researched and investigated several road schemes within the Development Consent Order (DCO) planning process of the Nationally Significant Infrastructure Project (NSIP) regime, as an interested party, and made submissions challenging the rigour of the carbon calculations and their compliance with the Environmental Impact Assessment (EIA) Regulations.
Impact
Andrew has taken his research on carbon emissions in the EIA process through the UK Courts in four judicial review cases, as a private individual. Three cases on related A47 schemes in Norfolk went as far as the Appeal Court, before being refused a Supreme Court hearing in May 2024. Although these cases were lost, they raised the profile of the climate impact of building new roads as a very serious issue. Various other schemes also used the same legal ground that cumulative carbon emissions had not been properly assessed by ministers, including the A38, A57 and Stonehenge schemes.
His research has also developed new arguments to challenge the decision-making on carbon on large road schemes. This included assessing scheme carbon emissions against the emerging risk analysis of whether UK carbon budgets and our 2030 National Determined Contribution under the Paris Agreement can be met.
The research, and its very practical application in the Courts, have sent a strong message to Government that carbon cannot be ignored. After gaining power, the Labour government are reviewing transport infrastructure with some announcements already of schemes being withdrawn. These include the A47 Acle Straight dualling in the Broads National Park and the A47 Vauxhall roundabout which are other schemes in Norfolk on the A47 which might have continued without the strong challenge to multiple A47 projects by Andrew on cumulative carbon grounds.