High Court finds council consultation on low traffic neighbourhood scheme was flawed
The High Court has upheld part of a campaign group's judicial review claim against Lambeth Council's implementation of a low traffic neighbourhood (LTN).
In West Dulwich Service Station Ltd (on behalf of West Dulwich Action Group) v London Borough of Lambeth, Mr Tim Smith sitting as a Deputy High Court Judge allowed the claim on one of three grounds of challenge, which argued a consultation on the scheme was unfair.
The case centred around a challenge to traffic management orders approved in August 2024 which established, on an experimental basis, a low traffic neighbourhood in Dulwich.
One of the Orders restricts the ability for vehicular traffic to enter an area, while the other restricts the ability to park within the area.
The group behind the claim, West Dulwich Action Group, brought the following grounds of challenge:
- that the Council’s consultation on the Orders was unfair and/or that the Council had regard to immaterial considerations when deciding to make the Orders,
- that the Council’s decision to make the Orders failed to have regard to material considerations, and/or was irrational in that it concluded that due regard was had to statutory guidance published by the Department for Transport relating to the Orders, and/or was inadequately reasoned, and
- that the Council failed to comply with its duties of consultation under regulation 6 of the Local Authorities Traffic Orders (Procedure) (England and Wales) Regulations 1996 (SI 1996/2489) and/or that it had unlawfully fettered its discretion in how it approached its decision to make the Orders.
The judge allowed ground 1 but dismissed grounds 2 and 3. He did not issue a quashing order, choosing to allow counsel for both claimant and defendant to make further submissions to him on the appropriate relief at a later date.
A spokesperson for the West Dulwich Action Group told the Standard newspaper: “Lambeth council chose to spend public funds fighting the very community it exists to serve, rather than sitting down with us to find a workable, locally supported solution.
“Meanwhile, over 700 residents and businesses had no choice but to raise more than £50,000 just to have their voices heard. It’s a shameful misuse of resources that could have been avoided through genuine engagement.”
Cllr Rezina Chowdhury, deputy leader of Lambeth council, meanwhile said: "We acknowledge the court’s decision and are carefully considering the implications of this judgement; we will provide further updates in due course. The current trial scheme in West Dulwich will remain in place in the meantime, while we await further directions from the court."
Lambeth Council has been approached for comment.
Adam Carey
