Low-traffic neighbourhood unlawful - High Court

A low-traffic neighbourhood (LTN) scheme put in place by a south London council has been ruled unlawful in a landmark decision by the High Court.

The West Dulwich Action Group (WDAG), which mounted the legal challenge, described Lambeth Council's decision to fight the case as "a shameful misuse of resources".

Deputy High Court Judge Jim Smith said WDAG had compiled an "impressive" 53-page dossier about the possible impact of the scheme, which he said the council had wrongly failed to consider before an 18-month trial of the LTN began in September.

Lambeth Council's deputy leader Rezina Chowdhury said the LTN would remain in place while it "carefully considers the implications of this judgment".

WDAG claimed that 67% of people of respondents to a consultation about the scheme on Idmiston Road in Dulwich "were either unhappy or very unhappy with what was proposed".

LTNs try to reduce motor traffic in residential areas by using either cameras, planters or lockable bollards.

Opponents of the schemes have criticised their effectiveness to improve air quality and claimed they create more congestion in other places.

The WDAG spokesperson added: "This ruling sends a clear signal to all councils nationwide: communities will no longer tolerate top-down, poorly conceived schemes that ignore local input, which prioritise revenue over real solutions to issues like pollution.

"This should never have ended up in court."

Judge Smith allowed one of the three claims by the campaign group, dismissing the other two.

He said that the dossier created by WDAG, which argued traffic would be pushed on to heavily congested boundary roads affecting thousands of school and nursery children, was "highly relevant to the decision confronting officers".

He said: "The 53-page presentation did not form part of the council's considerations in its decision to make the [LTN] orders. It should have done.

"The failure to have regard to it was a serious failing, rendering the decision to make the orders unlawful."

However, he added: "I did not harbour any significant concerns about the conduct of the consultation and engagement as a whole."

A WDAG spokesperson said: "We are delighted with today's ruling, which clearly demonstrates that Lambeth Council failed to fully consider the impacts and effects of the LTN on local residents and businesses.

"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."

The LTN scheme was not universally unpopular, with the Better Streets West Dulwich group recently saying that it had "certainly" increased the number of families cycling in the area.

Lambeth Council's Ms Chowdhury said: "We implemented the West Dulwich Street Improvements to reduce road danger and create a neighbourhood where residents can live safer, happier and healthier lives.

"This was part of our overall ambition to reduce road danger, encourage more active and sustainable travel, and improve air quality for communities across our borough.

"The court has allowed the claim against the West Dulwich street improvements on one of the three grounds of challenge, and dismissed the other two.

"We acknowledge the court's decision and are carefully considering the implications of this judgment."

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