A38 Derby junctions

Latest updates

• 28 February 2024

  Scheme update

  After a long redetermination period, we were granted our Development Consent Order (DCO) again on 17 August 2023. We then entered a 6-week challenge period, during which time a legal challenge was submitted to the Government and an oral hearing was granted. 

  The challenge focused on two main areas. Firstly, the economic assessment submitted and alleged failures in the application process. Secondly, on how cumulative carbon assessments were carried out. 

  The oral hearing took place on Wednesday 20 December 2023. The challenge regarding the economic assessment was granted permission for review by the High Court. Two elements of the claimant’s carbon challenges were dismissed. However, a third part was put on hold as it was subject to another case with the Court of Appeal. On 22 February 2024, we were informed that this Court determined the cumulative carbon impact had been properly assessed, resulting in the dismissal of the third part of the claim.  

  We welcome the decisions made by the Court, the next hearing on ground one (economic assessment) is expected on Tuesday 14 May 2024. We should be informed of the outcome to this hearing 6 to 8 weeks afterwards. 

  Due to the outstanding legal challenge, we’ve been unable to fully remobilise the project team or commence the process of appointing a new contractor for this scheme.  We understand this may be disappointing for you to hear as it will inevitably delay our programme for the project further. We're still committed to delivering these essential upgrades to the three junctions along the A38 through Derby. We’ll continue to update you as we know more.  

• 17 August 2023

  Development Consent Order update

  On 17 August 2023 the Secretary of State for Transport redetermined and approved the A38 Derby Junctions Development Consent Order. This means we now have planning permission to upgrade the Kingsway, Markeaton and Little Eaton roundabouts.

  While we still need to get final approval to start construction, we’ll begin to remobilise and reprogramme the project over the next 12 months. We’ll therefore update customers and stakeholders on when we’ll start construction as soon as possible.

  You can find out more on the Planning Inspectorate's website under 'Documents'.

• 30 September 2022

  Project update

  Over the past year, we’ve been working hard to develop the A38 Derby Junctions project as far as we can until a decision on our Development Consent Order (DCO) has been reached. The re-determination on our submitted DCO has taken longer than we hoped and expected.  

  Our detailed design has now concluded, and we’ve reached a point where we’ve developed the project as far as we can without the DCO. While this process continues, Linkconnex activity related to the scheme will be scaled back until a decision has been reached.

  We're still committed to delivering these essential upgrades to the three junctions along the A38 through Derby. If our DCO is re-granted, we plan to start construction work as soon as possible.

• 28 February 2022

  Project update

  While we wait for a decision on our planning application from the Secretary of State for Transport, we’ve been carrying out a number of environmental surveys which has helped to inform our design of the scheme and plans for construction.  

  Our detailed design is now reaching a conclusion. Should our application receive approval, we’ll provide you with further information on the next stages for the project, including opportunities to speak to members of our team at local public information events.

• 21 July 2021

  Development Consent Order update

  On 8 July, the High Court took the decision to quash our Development Consent Order (DCO), which was previously granted by the Department for Transport (DfT) on 8 January 2021. This was due to a challenge on our carbon assessment, which we submitted as part of our application.  The Planning Inspectorate will publish further updates on the re-determination process on the A38 Derby Junctions planning webpage. 

  Our scheme met the requirements of the DCO application, but will need to be re-assessed by the DfT prior to them re-granting our application. 

  We’re confident that the scheme remains the best solution for improving congestion along the A38 in Derby, and we’re still planning to deliver the project. We will however need to slow down with our planned activities and work whilst our DCO application is being reviewed. 

  Subject to our DCO being re-granted in summer 2022, we expect to start construction work on the project in early winter 2022.  

  We’ll provide more updates on our webpage in due course. You can sign up to receive email alerts when we update the project webpage.  

• 08 June 2021

  Survey works planned at Ford Lane Bridge, Allestree

  We will be carrying out survey works on Ford Lane Bridge, Allestree, Derby. These works will now take place in August and will last for approximately three weeks.

  The work will cause some temporary disruption in the area while we carry out the surveys.

  How will the work affect traffic and the local community?

  There will be a diversion route in place for the local community and road users, as follows:

  From Ford Lane, near Lambourne Drive, heading North towards Little Eaton

  • Follow Ford Lane to A6 Duffield Road
  • Turn left onto Duffield Road and follow the road to Palm Court Island 
  • Take the first exit onto A38 North/ Abbey Hill, where the diversion will end

  From Ford Lane near Abbey Hill/A38 North heading South towards Markeaton 

  • Follow Ford Lane to A38 North/ Abbey Hill
  • At the Little Eaton roundabout take the 4th exit back onto the A38 heading south, where the diversion will end.

  

  We apologise for any inconvenience this work may cause. 

  Please note that all planned roadworks may be subject to change due to weather conditions or unforeseen circumstances

• 04 May 2021

  Progress update

  We understand that the Department for Transport is responding to a claim for permission to seek a judicial review of the decision to grant a Development Consent Order (DCO) for the A38 Derby Junctions. The claim is currently under consideration by the High Court.

  While the legal process is ongoing, we will not carry out any DCO work. However, we hope to do some surveys and non-DCO environmental work over the summer while we await a decision.  

  In the meantime, we remain confident this scheme is the best solution for tackling congestion along the A38 corridor, improving journeys, bringing much needed relief to local communities and boosting the economy in the region.

• 08 January 2021

  Development Consent Order

  The Secretary of State approved the scheme’s Development Consent Order on 8 January 2021 allowing the scheme to proceed. You can find out more on the Planning Inspectorate's website.

  This is great news for this scheme as it means we can start to make improvements to this important strategic route through Derby. Once complete, this will support economic growth and planned development in the region. The scheme will:

  • reduce congestion and improve the reliability of journey times between Birmingham, Derby and the M1
  • improve safety for all road users and for those people living near the junctions
  • connect people by maintaining existing facilities and providing new ones for cyclists, pedestrians and disabled people to cross the busy junctions

  During spring 2021, we’ll carry out advance work that will include setting up the site compound and carrying out some site clearance. We plan to start the main construction work in late-summer 2021.

   

• 30 October 2020

  Ground investigation surveys under way

  This is a complex project and we’ve been given an extension to the Development Consent Order due to the unprecedented situation with COVID-19. We’re carrying out ground investigation surveys until mid-November, and are developing the detailed design. We aim to complete the scheme as early as possible in 2024-25 financial year.

• 17 July 2020

  Development consent order

  The Development Consent Order (DCO) for our proposals for the A38 Derby Junctions was formally closed by the Planning Inspectorate on 8 July 2020. You can view our planning application on the Planning Inspectorate’s website. As you may know, a DCO is a special type of planning application which is needed for a Nationally Significant Infrastructure Project (NSIP).

  During the examination period, local authorities, statutory consultees and other interested parties took part in the process and their queries, concerns and views were raised with Highways England and the Planning Inspectorate, through written submissions and at a number of hearings, including an extended period for Virtual Hearings and written submissions. All relevant project documentation, including the written submissions and recordings of the hearings can be found on the Planning Inspectorate website.

  Throughout the examination period, the Inspectors have considered all representations made. The Inspectors have engaged with the Highways England project team and interested parties on a range of broad and specific aspects of the scheme. These include compulsory acquisition, traffic and transport, land use, social and economic impact, the environment including Climate Change.

  Due to Covid-19, our DCO application documents are no longer available to view at deposit points. For more information on these hearings, the examination of the Application and full timetable (and any amendments to it), including how and when to register to speak at the hearings and how and when to make written submissions, please contact the Planning Inspectorate using the details below, or visit the Planning Inspectorate's website where procedural decisions and notices of hearings are available to download.

  Copies of the Application documents, including the draft Development Consent Order, the compulsory acquisition information (including the Land Plans, Book of Reference, Funding Statement and Statement of Reasons) and the Environmental Statement can be viewed and downloaded online at the Planning Inspectorate’s project website. Please contact us on 0300 123 5000 or email A38derbyjunctions@highwaysengland.co.uk if you have difficulty accessing the documents.

  The Planning Inspectorate (acting on behalf of the Secretary of State) will examine the information submitted in the DCO process and then make a recommendation to the Secretary of State for Transport, who will decide on whether or not the scheme will go ahead.

  In the meantime, we‘re continuing to carry out ground investigation works at Kingsway, Markeaton and Little Eaton over the coming months. This important work will input into the detailed design of the scheme in readiness for the Development Consent Order decision.

  All our sites have strict safeguarding measures, in line with Public Health England guidance, to prevent the spread of COVID19 and none of our sites are open to the public, closely monitored and the situation is kept under constant review.