Alliance Against
The Birmingham Northern Relief Road

Residents fighting the controversial Birmingham Northern Relief Road

1. The road Labour promised not to build

2. Return to the High Court on Monday 5 October to seek a quashing order' on John Prescott's decision to go ahead with the motorway. If the challenge is successful the BNRR could be consigned to the scrap heap.

The residents, represented by the Alliance against the BNRR, will argue that the Secretary of State (Deputy PM John Prescott) acted illegally in approving the UK's first toll road because:

• he was influenced by cancellation charges in the Concession Agreement with Midland Expressway Ltd (MEL) [3];

• he failed to use his powers to regulate the toll that the road's builders can charge.

The Alliance had sought to get the court challenge delayed because it is still persuing a separate legal action to force the disclosure of the secret Concession Agreement. The Government is refusing to make the document available because it is "commercially confidential". However, the Alliance believes that withholding the document - which would help resolve concerns over illegal practices - is in breach of the Environmental Information Act, and it should be subject to public scrutiny.

Charles Bradshaw-Smith, Chair of the Alliance Against the BNRR said: "It is quite clear that MEL and the Government are worried about the contents of their contractual agreement and are using legal manouvres to avoid making it public. We have a strong case for halting this highly damaging road and proving that the Government have acted illegally. However much they wriggle, the truth will eventually come out and we will be vindicated".

Gerald Kells, Transport Campaigner for West Midlands Friends of the Earth said: "The construction of the BNRR is completely at odds with the aims of John Prescott's recently published Transport White Paper. What's more, since he gave the road the green light, we have discovered that the Department of Transport's own advisors condemned MEL's proposals when they were first submitted. The BNRR is a disaster for the environment and the economy - and it will probably be bad news for any investors too. But it's not too late, the Government should swallow its pride and scrap this ill-judged road once and for all."

Charles Bradshaw-Smith: 01543 473717 (eve) . . . 0836 647585 (mob)

Gerald Kells: 01922 636601

FOE Press Office: 0171 566 1649

1. The BNRR - the UK's first private toll road - is the largest and most controversial new motorway in the country. The weight of opposing evidence at the public inquiry ensured that it was the longest road inquiry ever in the UK. The contract was signed in 1992, before the Inquiry in 1994/5, The BNRR will:

   • destroy 27 miles of greenbelt
   • damage two Sites of Special Scientific Interest (SSSIs);
   • threaten local jobs through employment centralisation encouraged

   by the new road.

   However, there will be no significant improvement to congestion on existing motorways, and in some cases they would be significantly worse.

2. "Official - Labour opposed BNRR" Press Release 21/9/94

3. The quashing order is based on three key principals of law:

   • The Department of Transport has a duty to disclose the Concession agreement. By not doing so it prejudiced the Public Inquiry against objectors - a point also raised by the Inquiry Inspector;

   • The Secretary of State acted against the public interest by considering immaterial factors when approving the scheme on 27 July 1997 (such as the cancellation charges hidden in the Concession Agreement);

   • The Secretary of State was wrong in law to claim, in his decision letter, that he could not protect the public interest by the tolling policy, despite the Inspectors belief that this was the only way he could be sure MEL's tolling policy was consistent with the public interest.

4. MEL is a consortium of Kvaerner, a Norwegian construction company, and Autostrade, an Italian toll company. It exists to build and manage the BNRR. MEL was offered the Concession in 1992, despite a report commissioned by the Department of Transport, which condemned much of its predictions and which showed MEL did not offer the best alternative.

5. The alliance against the BNRR is a coalition of resident's organisations along the route of the BNRR whose aim is to stop the road being built. They have widespread support and have raised money for their legal challenges from the public, 11 councils and well-known environmental groups.

6. New evidence from the Government think-tank, The Standing Commitee on Trunk Road Assessment (SACTRA), has supported the view of that roads like the BNRR may not improve the regional economy but simply redistribute economic activity into the Green Belt. The financial viability of the road for shareholders has been put further into question by the recent threat of bankruptcy of the Dulles Greenway in Washington, Virginia, a similar toll motorway which is also being run by Autostrade.

Charles Bradshaw-Smith: 01543 473717 (eve) . . . 0836 647585 (mob)

Gerald Kells: 01922 636601

FOE Press Office: 0171 566 1649

Neil Verlander Press Office: 0171 566 1649