Mr Bryan Atkinson of South Shields had his bid to appeal against his defeat in the High Court dismissed at a personal hearing in the Appeal Court.

This means that plans to build a second vehicle tunnel under the River Tyne between North Tyneside and South Tyneside can continue.

Tyne and Wear Passenger Transport Authority chairman, David Wood, said:
“Mr Atkinson has used every legitimate means at his disposal to stop the New Tyne Crossing from going ahead and has failed at every stage.

“The New Tyne Crossing is vital if we are to attract investment and create jobs in the Tyne and Wear conurbation. Few would argue that it makes any sense to have two miles of single carriageway in a 70 mile stretch of dual carriageway linking the principle areas of population in the North East of England.”

“The vast majority of people in Tyne and Wear including, most importantly, the majority of the communities that will be directly affected by construction, support the need for the New Tyne Crossing.”

The second vehicle tunnel under the Tyne will link Jarrow and East Howdon. It is sponsored by Tyne and Wear Passenger Transport Authority supported by the riparian local authorities in North Tyneside and South Tyneside.

Ends 

Issued on behalf of Tyne and Wear Passenger Transport Authority by Bradley O’Mahoney Public Relations. Contact Felicity Amer on 0191 281 8833 or Richard Simpson on 01207 272162

Notes to editors:

1. On July 21 2005, the Secretary of State for Transport approved the application by the Tyne and Wear Transport Authority (TWPTA) to go ahead with the planning and construction of the New Tyne Crossing following a Public Inquiry in 2003.
2. A Legal Challenge was made in August 30 2005 by Bryan Atkinson, a resident of South Tyneside.
3. Mr Atkinson was a representative of Friends of the Earth at the Public Inquiry in 2003, but made his legal challenge as an individual. Friends of the Earth did not make the legal challenge.
4. The legal challenge was against the decision of the Secretary of State. The Tyne and Wear Passenger Transport Authority, was cited as an interested party and supported the Secretary of State’s defence.
5. The basis of the legal challenge was Mr Atkinson’s contention that arrangements for the disposal of waste arising from construction needed to be specific about where the waste would be disposed of and what routes would be taken. TWPTA insisted, and was supported by the Secretary of State, that such details cannot be known so far in advance of construction beginning and would be best left to the contractor who will, in any event, require the appropriate licences to dispose of waste and would be bound by a Construction Code of Practice agreed with statutory bodies.
6. The High Court dismissed the challenge on May 5, 2006.
7. The New Tyne Crossing is a Public Private Partnership with a Concessionaire appointed to finance, design and construct the new tunnel and to operate all the tunnels under the Tyne. On October 21 2005 the TWPTA agreed to consider the possibility of using prudential borrowing to cover half the cost of the scheme. This would enable tolls to be kept lower than would otherwise be the case.
8. The New Tyne Crossing will be an immersed tube tunnel between East Howdon (North Tyneside) and Jarrow (South Tyneside). It will complete the dualling of the A19 which runs from south of Cramlington, Northumberland, to North Yorkshire.