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Last Updated: Thursday, 5 May, 2005, 16:12 GMT 17:12 UK
M74 protesters in legal challenge
View of the M74 through a driver's windscreen
Protesters are launching a legal challenge against the M74 decision
Campaigners against Glasgow's M74 extension have appealed against the Scottish Executive's decision to go ahead with the project.

Friends of the Earth Scotland and Joint Action Against the M74 (Jam74) lodged papers with the Court of Session in Edinburgh on Thursday.

Ministers have said they are pushing ahead with the �500m plan against the recommendation of a public inquiry.

Opponents claim the scheme will create more traffic and pollution.

They also claim the executive has failed to give adequate reasons why they disagreed with the inquiry's conclusions.

It said the plan should be abandoned as it would generate traffic, endanger jobs and provide only short-term benefits.

At a time when community involvement and consultation in the planning process is under threat from the executive we feel this action is especially necessary
Will Jess
Jam 74

The legal papers state grounds for the appeal as "failure by ministers to give adequate reasons where they disagreed with the (public inquiry) reporter's conclusions" and "introduction of new evidence by ministers to support their rejection of the reporters' conclusions".

Friends of the Earth Scotland chief executive Duncan McLaren said despite the financial risks of legal action the protesters are determined to fight the action.

"The executive seems determined to inflict massive disruption and environmental impacts on the people of Glasgow - for economic and traffic benefits that the reporter judged limited and ephemeral," he said.

"Ministers have the right to disagree with the reporter, but the law says they must justify such a decision with cogent and substantial reasons.

"The law also requires them to offer a fair hearing to objectors. We do not believe this has happened in this particular case."

Missing link

Will Jess, chairman of Jam74, a coalition of community, environmental and sustainable transport groups, said: "Jam74 are taking this legal action to get the environmental justice denied to us by the executive.

"At a time when community involvement and consultation in the planning process is under threat from the executive we feel this action is especially necessary."

However, the executive want to see the project's completion in what they regard as the missing link from the existing M74 to the Kingston Bridge in central Glasgow.

The executive believes the extension will create 12,000 jobs, reduce congestion and cut road traffic injuries by up to 50 a year.

The Scottish ministers accept the reporter's findings of fact. They do not, however, accept the reporter's main conclusions and his recommendation
Scottish Executive

The new road will follow a route from the Fullarton Road Junction near Carmyle to the M8 just west of the Kingston Bridge. There will be junctions at Fullarton Road, Cambuslang Road, Polmadie Road and at Kingston.

It is estimated the motorway could be built by 2008 and cost between �375m and �500m.

On 24 March this year, the executive announced it had overturned the independent reporter's decision to recommend refusal for the M74 extension.

At the time it said: "The Scottish ministers accept the reporter's findings of fact. They do not, however, accept the reporter's main conclusions and his recommendation."




SEE ALSO:
Executive defends M74 land deals
11 Apr 05 |  Scotland
M74 protesters vow to fight link
28 Mar 05 |  Scotland
M74 opponents plan direct action
25 Mar 05 |  Scotland
Legal threat after M74 decision
24 Mar 05 |  Scotland
Anger over M74 funding proposal
15 Jan 04 |  Scotland


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