CIVIC chiefs could pursue legal action over a decision not to carry out noise-cancelling works during a motorway upgrade.

Eastleigh Borough Council (EBC) says it has seen new documents in the past 48 hours that indicate the decision by Highways England may not be valid.

As previously reported West End residents have been complaining for years about the traffic noise coming from the concrete section of the M27.

Last year Highways chiefs said they were considering the possibility of replacing the noisy concrete with tarmac when the carried out smart motorway upgrades between junctions four and 11.

However, shortly before the scheme got under way in January, they ruled that out.

In a report that went before councillors last night, EBC said the documents “indicate that there may be issues regarding the validity of this decision”, and asked for approval to investigate further.

It added the council would see legal advice, after which it would take the “recommended steps in order to protect the health and wellbeing of residents. This may include taking legal action.”

Yesterday’s report also sought approval to continue lobbying the secretary of state for transport and Highways England to reaffirm their commitment to this essential resurfacing work.”

Speaking at the time of the decision, Highways England said: “The road surface is not being replaced as part of the project as it still has significant useful life remaining.

“We are committed to replacing it with a lower noise surface when we have finished upgrading this section of the M27.”