Birmingham Friends of the Earth West Midlands Transport Campaign

Press Release: 19 March 1999

Judges To Rule On Appeal In Birmingham Toll Road Quashing Case

Three judges will rule on the appeal in the High Court case to stop the controversial Birmingham Northern Relief Road (BNRR) at 10.00 am on Tuesday 23 March

The proposed 27 mile private toll motorway would skirt the West Midlands adding to traffic problems on many roads approaching the conurbation. Residents from the umbrella opposition group, the Alliance Against the BNRR, argue that the Secretary of State acted illegally in giving the country's only toll motorway the go-ahead because he was influenced by cancellation charges in the Concession Agreement with Midland Expressway Limited (MEL), a consortium of the two construction companies, Kværner and Autostrade.

Because the original High Court judge accepted much of the Alliance's case, even though he didn't decide in their favour, they have taken their case to the Appeal Court.

According to the first judge:

• The Department of Transport should have disclosed the secret Concession Agreement at the Public Inquiry. [Note: The agreement is still not in the Public Domain]
• It is illegal for a Secretary of State to consider cancellation charges when approving a road project [Note: A letter from John Prescott to Mike O'Brien MP says he took the decision to build BNRR against the background of what could be substantial cancellation costs]

Charles Bradshaw Smith, chair of the Alliance Against the BNRR, said: We are hoping to win on Tuesday, however, it should be stressed that whichever way the decision goes this may not mean the end of the court case.

Gerald Kells of Walsall Friends of the Earth said: The massive environmental damage BNRR causes is not offset by any real benefits. Motorists put cash in the toll booth just to move traffic jams round not to get rid of them. What is needed in the West Midlands is traffic reduction policies not more concrete.

Press Contacts:

Charles Bradshaw Smith Chair of Alliance Against BNRR:
Evening: 01543 473717 : Day (Mobile): 0836 647585
Gerald Kells FOE WM: 01922 636601
Neil Verlander FOE Press Office: 0171 566 1649