An eco-activist whose legal battle against upgrades to an A-road has cost taxpayers tens of millions of pounds has vowed to take his case to the highest court in the land – despite the Court of Appeal saying it has ‘no logical basis’.
Dr Andrew Boswell has spent years fighting plans to dual parts of the A47 in Norfolk and build a new slip road, during which costs for the project have soared.
He claims the government made a ‘fatal step’ by failing to take into account the cumulative carbon impact of the schemes, an error which will have a detrimental impact on the environment.
But in a humiliating judgment, Sir Launcelot Henderson, who heard evidence with two other judges last month, yesterday ruled his argument had ‘an air of complete unreality’ with ‘no logical basis’ upon which a wider assessment of carbon emissions could have been taken.
Undeterred by the setback, Dr Boswell – a former Green city and county councillor who has failed three times to be elected to Parliament – said he was considering taking the matter to the Supreme Court.
Former Green councillor Dr Andrew Boswell is poised to take his battle to stop the A47 being upgraded in Norfolk to the Supreme Court
‘I believe this case is of national interest. There is so much hype around climate change but our actual policies are a shambles.’
The retired computer scientist from the University of East Anglia, who describes himself as ‘an expert in climate change and the carbon emissions from road building’, added: ‘I am a scientist and all of my work is done on that basis – I am not doing anything just to be a contrarian. The cost of climate change is greater than the cost of this case.
‘There is big money needed to deal with coastal erosion, flooding and other issues that make it impossible for people to live.
‘I have given up three years of my life – that is part of the cost of this battle.’
He said on Friday: ‘Climate change is happening fast, we are already seeing extremely hot summer days and the floods this winter.
‘Every new road scheme adds new carbon emissions, when we should be rapidly reducing them. Ministers are ignoring the full impacts on the climate when making decisions for more roads. I started the legal case to change this.
‘With climate change getting worse, I have a moral duty to my children and grandchildren, and I am speaking with my lawyers about the next steps.’
But National Highways told the court the delays caused by the legal tussle had seen the cost of the works soar by tens of millions of pounds due to construction cost inflation and legal fees.
The projects were meant to be completed by the end of next year but had been postponed by more than 20 months.
Graham Plant, the Norfolk county councillor in charge of highways, described the judgement as ‘great news’ for the county.
He added: ‘The sooner these improvements are delivered, the sooner the benefits can be felt.’
Preliminary work has already started on the schemes, which planners said would reduce congestion and improve safety, as well as boosting the local economy.
Dr Boswell claimed on a website that the projects would ‘devastate countryside’ and would make it impossible for Norfolk to cut its carbon emissions for a decade
They involve dualling 1.6 miles of road between Blofield and North Burlingham, a route considered an accident blackspot by police at present, and another five miles between Easton and North Tuddenham.
A new slip road from the A11 at Thickthorn would eliminate the need for a roundabout there.
Dr Boswell claims on a website that the projects would ‘devastate countryside’ and ‘make it impossible for Norfolk to cut its carbon emissions this decade’.
But Mr Plant added: ‘These three National Highways projects constitute a huge investment in the county’s transport network and will not only tackle problems with traffic congestion and delays but also help to ensure Norfolk has the infrastructure it needs to cope with population and business growth.’
Norfolk County Council leader Kay Mason Billig said: ‘It is deeply disappointing, when we are all facing a squeeze on the public purse, that taxpayers’ money is being wasted on fighting through the courts, for what the judges have described as “scientifically pointless”.
‘We need new infrastructure in Norfolk, not just to boost our economy but because we must improve the safety of our roads.
‘These three schemes are welcomed by local people as essential progress – I just wish Dr Boswell would recognise this and let us get on with it.’