There are as many as 10 separate legal actions being pursued by London residents against Low Traffic Neighbourhoods (LTNs). There will be an initial hearing in the High Court on the 12th February to decide how the cases should be dealt with.
The grounds for each legal challenge may vary from borough to borough depending on the actions of the local council. But the possible grounds for a legal challenge may include the following:
Roads can be closed by the use of Traffic Orders but there needs to be reasonable justification for such closures and time given for objections. There are also several Acts of Parliament that might be relevant. For example:
– The Road Traffic Act 1984 which contains this sentence (in Section 122): “It shall be the duty of the Greater London Council and of every other local authority upon whom functions are conferred by or under this Act, so to exercise the functions conferred on them by this Act …. to secure the expeditious, convenient and safe movement of vehicular and other traffic….”. Road closures aimed simply at reducing traffic appear to be ignoring that duty.
– The Traffic Management Act 2004 which puts a duty on local traffic authorities to manage their road network to make sure that traffic can move freely. Again this duty is being ignored.
– The Equality Act 2010 which restricts discrimination against people with disabilities or based on age when road closure proposals negatively impact those sections of the community.
There is also the issue of the lack of public consultations on many of the road closures to date, or they have been done in an incomplete and biased manner.
Alternatively some of the road closures have been simply irrational, or have been progressed without the correct procedures being followed by councils.
The recent successful action by black cab drivers against the Bishopsgate road closure showed how there may well be successful challenges against LTNs introduced using Streetspace funding from TfL.
Below is a list of those campaign groups who are specifically raising funds for legal action. Please give generously!
There is a more complete list of campaign groups on this page of our web site: https://www.freedomfordrivers.org/london-road-closures.htm
You can “follow” this blog by entering your email address below. You will then receive an email alerting you to new posts as they are added.
Pingback: Judicial Reviews and How to Pursue Them - Freedom for Drivers FoundationFreedom for Drivers Foundation