Council Says Court Ruling Confirms Legality of Cycleway 9

OneChiswick pledges to continue with Judicial Review

Council says ruling means Cycleway 9 is legal. Picture: Peter Hogan/Facebook

Hounslow Council is claiming that this week’s court decision about TfL’s Bishopsgate Streetspace scheme removes any question about the legality of its local measures including Cycleway 9.

The Court of Appeal this week overturned the High Court’s ruling from January that deemed TfL had “taken advantage of the pandemic” when it introduced the scheme during the first lockdown in May 2020.

Under the scheme, licensed taxis are restricted from entering the key A10 Bishopsgate thoroughfare which a judge had called “unfair” to the industry in the initial ruling.

The council believes this ruling applies means that it can no longer be claimed that its own Streetspace schemes were unlawfully implemented and that the programme can continue, including Cycleway 9.

Councillor Hanif Khan, Cabinet Member for Transport and One Hounslow said, "I am delighted with the verdict on the appeal regarding Mayor Sadiq Khan's Streetspace Programme which clearly determines that our LTNs were legal. I recognise that the way forward set out for the next round of LTN consultation is the right way forward and we will continue to listen to all those affected, as we have demonstrated in the recent round of decisions.

"We are determined to make it safer and easier for residents of Hounslow to walk and cycle and promote the health and aspiration of our residents."

Local campaign group OneChiswick has responded by saying that the ruling will not affect the progress of the Judicial Review it is seeking into Hounslow’s Streetspace schemes including Cycleway 9. Originally the hearing was due to take place this week but it was postponed until the autumn to allow other related cases to be heard first.

In a statement it said, “With regard to both the cases that have recently come before the Courts - one involving Lambeth Council and the other involving TfL and the taxi drivers, we will look with interest to read those judgements when they are published in full.

“It was interesting to see that TfL argued in their appeal that it was not for TfL but for local Borough Councils such as Hounslow to discharge duties under the Equality Act. We believe Hounslow failed in that duty when it implemented the temporary C9 scheme through a rushed decision by a single officer, without putting the scheme through any Committee or consultation at the time. “

One Chiswick has raised over £37,000 towards its target of £40,000 although it recently said that up to £50,000 might be needed to pay for the legal challenge.

Its statement goes on to say, “OneChiswick continues to be committed to its fight for a safe traffic environment in Chiswick that is fair to all - pedestrians, cyclists, bus passengers, motorists, young and old, able and disabled. We believe that the temporary C9 imposed suddenly and without consultation by Hounslow Council is unsafe and overwhelmingly unpopular with the people of Chiswick. We are particularly concerned for the many elderly and disabled residents who should be protected by the Public Sector Equality Duty under the Equality Act (PSED). We believe they have been failed - they deserve to have their quality of life and freedom to move around safely.

“For this reason, Chiswick continues to suffer daily from a dangerous cycleway, which also inflicts appalling congestion and pollution on residents, when much safer and more practical designs could have been implemented. We are committed on behalf of thousands of Chiswick residents to work for change that is needed in order to protect people and save lives. Hounslow Council must think again."

The Appeal Court Judges have yet to publish the reasons behind their decision and it is therefore hard to comment further. We urgently need to know what facts were taken into account by the Appeal Court Judges in reaching their decision that Justice Lang was either unaware of or ignored. In addition, we need to be told on what grounds the Appeal Court Judges believe that Justice Lang's interpretation of the Law was at fault. Finally, it surely cannot be right that the Judges have ignored the failure of either TfL or the Local Authorities to carry out their public sector equality duties as set out in the Equality Act 2010?

Sam Hearn, transport spokesman for the Conservative Councillor Group said, "We understand why Cllr Hanif Khan , for political reasons, welcomes the Judges' decision but in reality the Streetspace and cycleway schemes imposed on Chiswick and the rest of the borough remain deeply flawed. The schemes were implemented without proper public consultation, and without any consideration of alternative measures and have been rejected at every opportunity by those most affected i.e. local residents.

"The reopening of Turnham Green Terrace demonstrates that even Hounslow Council recognises that it can make mistakes. But why stop there? Now is the time for Cllr Khan and his colleagues to accept the overwhelming need for a proper public consultation that includes a full consideration of all alternative schemes that address the problems faced by Chiswick's road users and pedestrians. These are important decisions that will affect our community for years to come and they cannot and must not be left to a tiny clique whose views do not reflect those of the majority. Continuing with the council's existing discredited consultation process is ill-advised and has little public support."

Sadiq Khan said, “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.

“The Judges’ decision today, along with the vote from Londoners on May 6th, is 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. Recent data from TfL demonstrates its success, with 700 bikes per hour on average passing through the area at peak times – more than 11 bikes per minute.”

June 19, 2021