Archived press release

High Court challenge over Salisbury bypass

1 October 1996

Friends of the Earth first asked to see the report on 14 May 1996, under UK 'Freedom of Information' regulations [4]. The Department refused to release it, claiming that the information it contained was not covered by the regulations and that its release would be"premature" [5].

Friends of the Earth believes that neither of these excuses justify refusal [6] and that the public has a right to see and debate such documents in public before the Government makes its decisions.

Simon Festing, Transport Campaigner at Friends of the Earth said:

"The Department of Transport is clearly at odds with the Department of the Environment over this bypass. That is why it won't let the people of Salisbury or other Ministries see how much extra traffic this destructive road scheme will generate. The Department of Transport must be forced to publish this information so that the road proposal can be given a fair hearing." [7]

Peter Roderick, Legal Officer at Friends of the Earth said:

"Faceless bureaucrats in the Department of Transport are flouting their own freedom of information laws. Friends of the Earth will challenge the obsessive secrecy of this Government and ensure that the public is given the information necessary to judge whether to support or oppose road proposals like the Salisbury bypass."

NOTES TO EDITORS:

[1] Cabinet divisions over the proposed Salisbury bypass are reported today in the Daily Telegraph ("Salisbury bypass to go ahead despite opposition" by Charles Clover, Environment Editor)

[2] Friends of the Earth has asked to see a copy of the Department of Transport's ' assessment for induced traffic' for the Salisbury bypass. This report looks at how much additional traffic the proposed bypass will generate. Its findings are critical as the amount of traffic generated will influence how much relief, in any, the bypass will bring to congestion in Salisbury. It also has important implications for the bypass's environmental impact assessment, as generated traffic would increase pollution.

The Secretary of State for Transport is expected to announce his decision on the bypass later this autumn. If built, it would run through open countryside for all its length, and cut across two Sites of Special Scientific Interest for wildlife, including a beautiful water meadow and the internationally important River Avon. It will seriously detract from the landscape setting of Salisbury, and cause unsightly scars between the two local river valleys. The road scheme is likely to generate development pressure in one of the last green belt areas around Salisbury, while doing little for the traffic problems in town (94% of the traffic in the town is local traffic).

[3] The Department of Transport's 'assessment for induced traffic' was prepared after the Standing Advisory Committee on Trunk Road Assessment (the Government's advisors on the assessment of road schemes) reported in December 1994 that road schemes can and do generate extra traffic. As a result, it was never considered by the public inquiry into the Salisbury bypass which ended in April 1994.The existence of the assessment only came to light as a result of a parliamentary question on 28 March 1996.

Friends of the Earth believes that although the DoT may attempt to take the findings of the 'assessment for induced traffic' into account in its decision, it cannot properly do so if the assessment hasn't been subject to debate and scrutiny at a public inquiry.

When similar assessments have been made before the closure of a public inquiry(eg: that for the Hastings Bypass), they have been released to the public.

[4] The 'Environmental Information Regulations 1992' require that a response to requests for information be made "as soon as possible" or in any case "within two months". They state that any relevant person holding information relating to the environment "shall make that information available to every person who requests it". If release of information is refused, the Regulations require a formal 'appeal' to be made to Secretary of State responsible. Friends of the Earth made this appeal on 25 June 1996.

[5] Copies of the correspondence between Friends of the Earth and the Department of Transport on this case are available from Friends of the Earth.

[6] The Regulations require that information that "relates to ... any activities or measures... which are likely adversely to affect" the environment should be released. It makes no provision for exemptions on the basis of administrative convenience (such as the prior closure of a public inquiry).

Corresponding information in respect of the Newbury bypass was released after the threat of legal challenge. This showed that if the Newbury bypass was to generate 20% extra traffic, the 'benefits' of the bypass would be wiped out within just 5-7 years.

[7] In evidence to the public inquiry in 1994, the DoT stated that "it would be wrong to give the public the impression that the bypass will take traffic out of the city centre." (Transcript of Department of Transport evidence to Salisbury bypass public inquiry. 2 December 1993).

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