Road scheme remains 'lawful'

by Kathy Watson

Promoters of the Birmingham Northern Relief Road overcame the last legal obstacle to its construction last week when opponents failed to have the scheme ruled unlawful.

Construction will start in Spring 2000 for client Midland Expressway Ltd (MEL), a joint venture of contractor Kvaerner and Italian toll company Autostrade.

The 43km route, which will cost £425 million to build, will run from the M42 at Coleshill to the M6 at Cannock. Kvaerner will have three summers to build the tolled route which includes 100 structures of which 71 are bridges, 25 large culverts and around 5 large retaining walls. It will open for business in 2003 under a 50-year concession.

The Government has not imposed restrictions on the amount of tolls to be charged, although MEL has refused to reveal whether the agreement includes a clawback clause for excessive profits. The concession agreement is to be the subject of a further court case next year.

Charles Bradshaw-Smith, chairman of the Alliance Against the BNRR, said it was considering an appeal against last week's decision. "An indication of the strength of our case is the judge's decision not to award costs against us."

Contractual terms for Kvaerner will be drawn up in parallel with funding arrangements for the total £650 million cost.

According to an MEL spokesman it will take account of potential restrictions in working hours brought in this summer under the Working Time Regulations and any other new legislation.