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Transport for London wins appeal over Streetspace active travel programmestreetspace for london cycle lanes pop-up infra - via TfL

Transport for London wins appeal over Streetspace active travel programme

Court of Appeal reverses decision from earlier this year that City Hall initiatives to promote cycling and walking were unlawful
by Simon_MacMichael
Wed, Jun 16, 2021 21:02
7

Transport for London (TfL) has today won a Court of Appeal decision against a ruling from the High Court earlier this year that initiatives aimed at promoting active travel and making roads safer for cyclists and pedestrians were unlawful.

In January, High Court judge Mrs Justice Lang ruled that TfL’s Streetspace programme, designed to promote active travel after the coronavirus pandemic hit and aimed at given more space to cyclists and pedestrians, was unlawful.

> Blow for active travel in London as High Court judge rules Sadiq Khan’s Streetspace initiative unlawful

The action was originally brought by two organisations linked to members of the licensed cab trade, the Licensed Taxi Drivers’ Association and the United Trade Action Group, which argued that the Streetspace programme, TfL guidance to boroughs on low traffic neighbourhoods, and the closure of Bishopsgate in the City of London were all unlawful.

The judge in the initial case said that the programme was “seriously flawed” and went “beyond what was reasonably required to meet the temporary challenges created by the pandemic.”

But she also invited TfL to “substantially” revise its plans ahead of any appeal, and said that even if that appeal were lost, more time could be granted before the quashing orders are issued.

TfL said that today’s judgment, together with the results of last month’s Mayoral election where Labour’s Sadiq Khan secured a second term despite Conservative candidate Shaun Bailey, among others, making opposition to policies aimed at reducing motor traffic and promoting active travel a key part of its campaigns, was a vindication of its policies.

> London voters back LTNs and cycle lanes, analysis of mayoral election results reveals

Khan said that today’s decision, combined with the election result, “forms a double mandate allowing us to continue with our bold measures.

“Our changes to Bishopsgate make it safer for people walking and cycling. This central London scheme is the centrepiece of the work we have done across the capital during my first term

“Our world-leading Streetspace schemes are helping protect the health of Londoners, and this decision reinforces my determination to make it safer and easier for Londoners to walk and cycle, and to help ensure a green and sustainable recovery from the pandemic,” he added.

TFL
Sadiq Khan
Streetspace
Court of Appeal
Simon MacMichael

Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.

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7 comments

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Secret_squirrel | 3 years ago
5 likes

Apparently we are going to have to wait for a while for the Appeal Judges to write up their reasoning.  I'm looking forward to any "dings" against the original judge or the taxi drivers.

Avatar
Awavey replied to Secret_squirrel | 3 years ago
0 likes

But this is why its important not to rush to claim the decision presents any mandate to do anything if we dont understand the detail why the original judgement has been overturned, or the reasoning these judges have applied.

The appeal court may have simply decided the original judgement was too widely encompassing on streetspace and didnt give enough consideration to the emergency measures the pandemic required on Bishopsgate specifically, so accepted this is a one off special case,but is not therefore policy defining.

Avatar
David9694 | 3 years ago
3 likes

reference to Simon Still (resigned from London Cycling Campaign in February) was the best shock-jock Christo could do on Twitter so far.
Sad to see some responses from disability rights people who have been conned by those who brought the original case. I hope TfL and LCC, etc will be able to reach out to them and show that we care about their issues and importantly, we always have. 

Avatar
Rendel Harris replied to David9694 | 3 years ago
5 likes
David9694 wrote:

Sad to see some responses from disability rights people who have been conned by those who brought the original case. I hope TfL and LCC, etc will be able to reach out to them and show that we care about their issues and importantly, we always have. 

Yes, the propaganda from UTAG and the LTDA was a disgrace; the original judgement simply said that TfL had failed properly to consider the impact on the disabled of the Bishopsgate closure, it didn't actually rule that it had a negative impact, and they portrayed this as being a direct ruling that the policy discriminated against the disabled.

Avatar
eburtthebike | 3 years ago
7 likes

Surely the headline should be "Sanity prevails at last"?

A great, sensible, decision for London and the rest of the country, as hopefully, this will deter any further challenges to such schemes.

Avatar
brooksby replied to eburtthebike | 3 years ago
2 likes
eburtthebike wrote:

Surely the headline should be "Sanity prevails at last"?

A great, sensible, decision for London and the rest of the country, as hopefully, this will deter any further challenges to such schemes.

Awww, that's so sweet that you think that... 

Avatar
eburtthebike replied to brooksby | 3 years ago
1 like
brooksby wrote:
eburtthebike wrote:

Surely the headline should be "Sanity prevails at last"?

A great, sensible, decision for London and the rest of the country, as hopefully, this will deter any further challenges to such schemes.

Awww, that's so sweet that you think that... 

That's me; sweet.  yes

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