Case No: CO/469/2020 |
QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT
PLANNING COURT
Strand, London, WC2A 2LL |
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B e f o r e :
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THE QUEEN on the application of SOPHIA SHEAKH |
Claimant |
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- and – |
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LONDON BOROUGH OF LAMBETH |
Defendant |
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And between: |
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SOFIA SHEAKH |
Claimant |
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- and - |
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LONDON BOROUGH OF LAMBETH |
Defendant |
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Mr Tim Mould QC (instructed by Lambeth Legal Services) for the Defendant
Hearing dates: 9th and 10th June 2021
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Crown Copyright ©
Mr Justice Kerr :
Introduction
Relevant Law
"manage their road network with a view to achieving, so far as may be reasonably practicable having regard to their other obligations, policies and objectives, the following objectives–
(a) securing the expeditious movement of traffic on the authority's road network; and
(b) facilitating the expeditious movement of traffic on road networks for which another authority is the traffic authority.
"(2) The action which the authority may take in performing that duty includes, in particular, any action which they consider will contribute to securing–
(a) the more efficient use of their road network; or
(b) the avoidance, elimination or reduction of road congestion or other disruption to the movement of traffic on their road network or a road network for which another authority is the traffic authority;
and may involve the exercise of any power to regulate or co-ordinate the uses made of any road (or part of a road) in the road network … ."
"(so far as practicable having regard to the matters specified in subsection (2)… ) to secure the expeditious, convenient and safe movement of vehicular and other traffic (including pedestrians) and the provision of suitable and adequate parking facilities on and off the highway … ."
(a) the desirability of securing and maintaining reasonable access to premises;
(b) the effect on the amenities of any locality affected and (without prejudice to the generality of this paragraph) the importance of regulating and restricting the use of roads by heavy commercial vehicles, so as to preserve or improve the amenities of the areas through which the roads run;
(bb) the strategy prepared under section 80 of the Environment Act 1995 (national air quality strategy);
(c) the importance of facilitating the passage of public service vehicles and of securing the safety and convenience of persons using or desiring to use such vehicles; and
(d) any other matters appearing to the …. local authority to be relevant."
"Except as provided by this Part of this Schedule, an order to which this Part of this Schedule applies shall not, either before or after it has been made, be questioned in any legal proceedings whatever."
"[s]uch other organisations (if any) representing persons likely to be affected by any provision in the order as the order making authority thinks it appropriate to consult."
"On the one hand regard must be had to the duty set out in section 122(1) … it is significant that pedestrians are included. On the other hand, regard must be had to the effect on the amenities of the locality affected and other matters appearing to the traffic authority to be relevant … This is not a particularly difficult or complicated exercise for the traffic authority to conduct."
"(a) remove or minimise disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic;
(b) take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it; … ."
"… what constitutes 'due regard', will depend on the circumstances, particularly, the stage that the decision-making process has reached, and … the nature of the duty to have 'due regard' is shaped by the function being exercised, and not the other way round…. ."
"the concept of due regard requires a proper and conscientious focus on the statutory criteria …. the decision maker must be clear precisely what the equality implications are when he puts them in the balance, and he must recognize the desirability of achieving them, but ultimately it is for him to decide what weight they should be given in the light of all relevant factors."
Facts
"It is difficult to specify an exact timescale … given the need to fully understand the impact of the interventions and the views of the community in each area to make sure we get it right. In some areas trials / demonstrations may be appropriate before proposals are finalised and in others traffic modelling will be necessary which can extend timescales. We will proceed as quickly as possible, working with the community, and expect the first three neighbourhood areas to be complete within the next 3 years. The sequencing of projects will be related to timescales for changes to the main road network where we need to prioritise between projects. During that period we will also begin working on further LTN areas so that they are ready to go when the first tranche has been completed."
"Active travel is affordable, delivers significant health benefits, has been shown to improve wellbeing, mitigates congestion, improves air quality and has no carbon emissions at the point of use. Towns and cities based around active travel will have happier and healthier citizens as well as lasting local economic benefits.
The government therefore expects local authorities to make significant changes to their road layouts to give more space to cyclists and pedestrians. Such changes will help embed altered behaviours and demonstrate the positive effects of active travel. I'm pleased to see that many authorities have already begun to do this, and I urge you all to consider how you can begin to make use of the tools in this guidance, to make sure you do what is necessary to ensure transport networks support recovery from the COVID-19 emergency and provide a lasting legacy of greener, safer transport."
"we must remove road danger caused by motor vehicles and protect road users who are at risk from this threat. We will need to go further and move much faster than envisaged in the [TSIP], but the measures this identifies will form the building blocks of our response".
"Key stakeholders, including representatives of disability groups, will be included in discussions around scheme development and asked to advise on and review interventions. Temporary measures will be designed to be inclusive and accessible to all.
The [TSIP] 2019 was subject to a full EIA …. And any measures brought forward … will either be a) already included in the agreed strategy and / or b) consistent with the Guiding Principles and Actions set out in the Strategy. All Traffic Orders required as part of the Response will be subject to EIA. It is acknowledged that the Covid-19 restrictions will make meaningful engagement with disabled and elderly people more challenging."
"provide insight into traffic patterns by analysing vehicle GPS and telematics sensors to provide estimates for both total traffic volumes and, critically, whether those vehicles ended their journey within a neighbourhood area. Using that data officers are able to gauge the volume of through traffic within any defined geographical area. In this instance that area within the periphery roads of each LTN [sic].
Also included are the baseline traffic flows for key roads within the [LTN] that could, with lower traffic volumes, serve as key routes for walking, scooting, wheeling, cycling. These figures are taken directly from data collected across the borough… ."
"Much of current public realm / road network has the effect of excluding disabled people and the proposal seeks to address this by creating a more inclusive street environment. Reducing road danger also has the potential to enable more people to participate in active travel. For example, cycles can improve mobility and access for disabled people, many of whom do not have access to motor vehicles. For those that do have access to a car, in some cases journey times may be increased for some trips. All areas will remain accessible, however, and reduced traffic on the local streets is expected to result in a safer, less stressful and more convenient trip making for local journeys by car for those that need to drive."
"Officers in the Transport Strategy and Highways teams have used elementary traffic modelling techniques to identify where and what traffic controls are most likely to achieve the objectives described in the new Statutory Guidance. However, narrow road widths and competing demands for kerbside space preclude the creation of significantly widened footways or physically segregated cycling lanes on most of Lambeth's roads. Yet annual attitudinal surveys undertaken by TfL evidence how people will only change their mode of travel to cycling if the road environment feels sufficiently safe to them. Whilst, in the manner of London's Quietways, this can be achieved by restricting motor traffic in roads signposted as cycle-routes, in a dense urban area such as Lambeth, this route-based approach risks generating higher traffic levels on parallel routes. Unless these routes are designed for through traffic (which is generally only the case with classified roads), this outcome is at odds with the revised Network Management Duty. Consequently, it is recommended that rather than pursuing route-based traffic reduction, the Council pursues traffic reduction across areas bounded by roads that the Transport Strategy identifies as being suitable to carry through-traffic. Each of these areas would then become a Low Traffic Neighbourhood (LTN).
The priority for assessing which potential LTNs should be included in the first tranche of schemes is as stated in the TSIP. These schemes have been reviewed by ward councillors and emergency services to establish that any operational or social issues forecast to arise are not disproportionate to the scheme objectives described in paragraph 1.2.
The speed of delivery demanded by the Secretary of State's Guidance is incompatible with the timeframe required to collaboratively develop and agree a traffic management scheme with road users, members of the community and other stakeholders. Accordingly, officers consider that introducing such interventions by means of an experimental traffic order is the most appropriate legislative mechanism.
At the request of the emergency services, all physical restrictions to effect any road closures should, at least initially, include the ability for a fire appliance to pass through without the need to stop. Recognising that a physical gap will significantly lessen drivers' and motorcyclists' self-enforcement of the signed restrictions, automatic number plate recognition (ANPR) cameras will be used to carry out enforcement if necessary. Exemptions will be made for emergency vehicles and refuse vehicles when undertaking street collection.
The resultant traffic management proposals are described as follows."
"has informed the recommendation to proceed by way of an [ETO] whereby full public consultation on the precise design of scheme is carried out after installation."
"A separate Equalities Impact Assessment has not been completed for this decision but prior to making the recommendations detailed in this report, regard has been given to the Public Sector Equality Duty and the relevant protected characteristics (age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, and sexual orientation).
The Assistant Director for Highways, Capital Programmes & Sustainability has approved the project team's assessment that there is a reasonable expectation that the measures will not disproportionately affect people with one or more of the above protected characteristics. The veracity of this conclusion will be explored as part of the six-month post-implementation consultation period."
"Much of current public realm / road network has the effect of excluding disabled people and the proposal seeks to address this by creating a more inclusive street environment. Reducing road danger also has the potential to enable more people to participate in active travel. For example, cycles can improve mobility and access for disabled people, many of whom do not have access to motor vehicles. For those that do have access to a car or rely on taxis or carers, in some cases journey times may be increased for some trips and routes may need to change."
"potential negative impacts on deliveries to retail business and on some people with disabilities who may be affected by longer journey times or altered routes. Initial mitigations for these risks include communication and engagement to notify people of the changes, and direct to advice and information where necessary. Ongoing monitoring of the scheme will be important to update this analysis and to develop more specific mitigations where necessary."
"The analysis above does not identify any significant equalities impacts for the proposed changes. Ongoing monitoring of the scheme will be important to help identify any potential negative impacts arising from the development of the proposals and will provide key information to update this analysis."
"Feedback gathered since the trial scheme was launched indicates some individuals have had to change their routes to access essential services and support. This includes parents and carers of disabled children accessing schools and disabled people and carers accessing shops, pharmacies and GP services for essential goods, presciptions and appointments. We have received feedback from disabled people who rely on motorised transport, and from SEND providers about the impact that the LTN has had on their journeys. Further data is being collected and mitigations developed and implemented accordingly.
…. Disability is a broad category and ongoing engagement and monitoring will be needed to identify impacts on different groups."
"A scheme equalities impact assessment was conducted in September 2020 and revised in October 2020. The latest assessment concludes that the analysis does not identify any significant equalities impacts for the proposed changes. It will be important to monitor the impact of the scheme once the experimental order is in place and develop mitigations if required."
Preliminary Matters
Grounds of Challenge
The complaint that the orders are not experimental
The public sector equality duty
Section 122 of the Road Traffic Regulation Act 1984
The complaint of inadequate consultation
Conclusion: Disposal