Transport is the highest emitting sector in Scotland. Transport emissions need to be reduced by 75% to meet our now dismissed 2030 climate targets, which emphasises why there is an urgent need to scrutinise proposals for new road infrastructure. Brett Walker from the Sheriffhall Overarching Objectors talks about the challenges the group has had in holding the Scottish Government to account on their duty to reduce carbon emissions.[i]
Road expansion – the problem
Brett Walker is 75 and lives in East Lothian. In December 2019 he and with other people opposed a major redevelopment proposed by Transport Scotland. This was an expansion of the Sheriffhall roundabout, a six-way junction on the Edinburgh bypass outside Dalkeith with extremely high volumes of traffic.
ShOO community action
Following objections from a number of parties, the Planning and Environment Appeals Division (DPEA) called a public inquiry on the development proposal in January 2023. Sheriffhall Overarching Objectors (ShOO) were formed by Brett, local active travel campaigners Spokes, and local residents with varying professional backgrounds including climate campaigners and an expert computer modeller.
ShOO opposed the development on the grounds that at least £120 million was being spent on a road project at a time when the Scottish Government plans were to reduce car kilometres in Scotland by 20% by 2030.[ii] They argued that studies show that road expansions and road building do not solve or even reduce congestion due to ‘induced traffic demand’ – defined as the increase in new vehicle traffic that would not have occurred without the improvement of the road network capacity.[iii]
ShOO were concerned about the increase in carbon emissions generated by construction and the subsequent increased traffic. They were also concerned with the lack of consideration for sustainable transport and that the proposed development didn’t serve the surrounding communities, some of which are in areas of multiple deprivation.
ShOO managed to raise £5,235 to help present their case at the public inquiry and pay for an expert analysis of the project’s carbon emissions assessment. But this wasn’t enough to pay for the legal support they needed. This was when Brett contacted the Environmental Rights Centre for Scotland (ERCS).
ERCS legal advice and assistance
ERCS assisted ShOO with their inquiry statement to ensure it covered everything they wanted. ERCS also provided legal advice to ShOO’s questions about the development and whether there were any potential breaches of statutory duties under the Climate Change (Scotland) Act 2009, particularly Section 94A, the impact of infrastructure investment on carbon emissions.
Unfortunately, because ERCS’s advice service was only part-time, they were unable to represent ShOO at the inquiry. ERCS asked the Faculty of Advocates’ Free Legal Services Unit if they could provide legal representation for ShOO but they declined. It therefore fell to Brett to present ShOO’s case at the inquiry in front of the DPEA Scottish Reporter, Transport Scotland and their lawyers – another David and Goliath scenario.
ShOO’s evidence at the public inquiry
In January 2023 Brett presented ShOO’s case at the public inquiry. They argued against the policy and economic justifications of the development and raised concerns about the lack of active travel provisions and the detrimental environmental impacts and carbon emissions.
Two key arguments were put forward:
- The potential carbon emissions of this project are contrary to national carbon targets. The question was raised whether the proposed development would be in contravention of the Climate Change (Scotland) Act 2019 and the Climate Change Plan 2018-2032; and
- A large sum was being committed to a particular roundabout which did nothing for public transport. The question was raised whether the proposed development complies with the duties under the Equalities Act 2010, because the project does not provide a comprehensive transport solution for disadvantaged residents who are unable to use cars.
Following the findings of the inquiry the Scottish Reporter submitted a report to Scottish Ministers in October 2023. A decision by Scottish Ministers is yet to be made.
Voices for justice – inequalities of arms
Brett describes the experience as very challenging but thanks to ShOO’s preparation and support the group felt the inquiry went well and that it was fair, but…
“I think for anyone else without these resources this sort of process would really be a struggle. We were filing through what felt like thousands of pages of documents. It took two months of my life but fortunately, I am retired and it was in the middle of a cold winter.”
Brett reflects that consolidating all the campaigners/objectors into ShOO and working together to gather evidence and combine resources was hugely important for their efforts. He recommends anyone in a similar situation to do the same. Brett is also convinced that it would have been a huge help if they could have afforded legal representation to help pull their case together, cross-examine the evidence and represent ShOO at the inquiry.
What needs to change
- Inequalities of arms: this is one of numerous examples of communities unable to afford legal representation at planning inquiries against developers and public bodies who can afford expensive lawyers. This petition calls for a few different things to restore the equality of arms https://petitions.parliament.scot/petitions/PE1864.
- The Scottish Government must improve how its infrastructure investment projects align with emissions reduction targets. Only with the credible threat of legal action from ERCS and the Good Law Project did the Government admit its breach of section 94A of the Climate Change (Scotland) Act 2009. This meant they had to publish a climate impact assessment on their £26bn proposal, including the Sheriffhall roundabout – but it didn’t provide any carbon calculations! You can read ERCS’s legal action webpage to find out more about this case.
Many thanks to Brett Walker for taking the time to give this interview to Cornell Hanxomphou, ERCS Rights Officer May 2024
Further information
References
[i] UK Climate Change Committee (March 2024) Progress in reducing emissions in Scotland: 2023 Report to Parliament
[ii] Transport Scotland (accessed 8 May 2024) 20% reduction in car km by 2030
[iii] Department for Transport (2018) Latest evidence on induced travel demand: An evidence review
