There has been an important judgement in the High Court after a Judicial Review was launched by taxi drivers. They challenged the blocking of Bishopsgate in the City of London (the A10) to taxi drivers by the use of a “bus gate”. Mrs Justice Lang declared the Traffic Order used was unlawful.
This is the press release issued by the High Court on the judgement:
– The Streetspace for London Plan and associated Guidance failed to recognise the distinct status of taxis as an important form of accessible public transport,
– The Streetspace Plan, associated Guidance and A10 Bishopsgate Traffic Order breached licensed taxi drivers1 legitimate expectation to be allowed to use bus lanes to ply for hire effectively across London,
– There was a failure to comply with the Public Sector Equality Duty under the 2010 Equality Act and account for needs of passengers with protected characteristics,
– The Mayor and TfL took advantage of the pandemic to push through ‘‘radical changes”’.
– The “‘decisions were not a rational response to the issues which arose as a result of the COVID.
The Court has now ordered that the Streetspace Plan, Interim Guidance to Boroughs and the A10 Bishopsgate Traffic Order be quashed following the judgement. Justice Lang called the measures an “ill-considered response” to the pandemic including radical changes and it was clear that “the Mayor and TfL intended these schemes would become permanent, once the temporary orders expired”.
Comment: The Streetspace Plan was used by TfL to introduce numerous road closures including Low Traffic Neighbourhoods (LTNs) and such measures as cycle lanes without prior public consultation across many parts of London. It was very clear that this had nothing to do with the pandemic at all but was simply being used to bring in such measures quickly and without consultation.
Although this judgement specifically relates to the challenge by taxi drivers it could have wider implications as similar legal challenges are being mounted for several LTNs (a hearing is taking place on the 2nd of February in the High Court on those). The failure to properly recognise the needs of the disadvantaged under the Equality Act is particularly significant, and the failure to give due regard to the network management duty imposed by section 16 of the 2004 Traffic Management Act. It seems likely that Mayor Khan will appeal this judgement, using taxpayers’ money to do so of course.
It’s worth saying that the last time I walked down Bishopsgate before the pandemic hit on a hot summer day, the level of air pollution was such as to noticeably affect my lungs. But the main cause was clearly the long queue of almost stationary diesel buses on the road. To ban all vehicles except buses was totally irrational. Bishopsgate is a very important route for traffic to access parts of the City now that Bank junction has been closed.
The judicial review was submitted on behalf of the UNITED TRADE ACTION GROUP LIMITED and the LICENSED TAXI DRIVERS ASSOCIATION LIMITED, and their solicitors were Chiltern Law.
Chiltern Law Comments: https://www.chilternlaw.com/tfl-every-journey-matters-unless-you-are-a-taxi/
Full legal judgement: https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/Admin/2021/72.html&query=(UTAG)+AND+(LTDA)
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