Labour council could be forced to axe LTN
A Labour council could be forced to scrap a controversial low traffic neighbourhood (LTN) after a High Court judge ruled its consultation about the scheme was 'unfair'.
Mr Justice Smith said Lambeth council was guilty of a 'serious failing' after it ignored an 'impressive' report which warned that street closures in south London could lead to increased congestion and pollution.
He also found the local authority had given a 'masterclass in selective partial reporting ' after a council document failed to record how a public consultation about the West Dulwich LTN engendered tremendous 'hostility' from local people.
The West Dulwich Action Group (WDAG), which brought the case, has become the first residents' organisation to win a legal battle over an LTN.
The judgment will prove hugely embarrassing for Lambeth council which claims the millions of pounds it has generated due to LTN fines is helping to fight climate change.
A WDAG spokesman said: 'We are delighted with this ruling, which clearly demonstrates that Lambeth council failed to fully consider the impacts and effects of the LTN on local residents and businesses.
'It sends a clear signal to 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.
'We were made to feel as though we were climate deniers standing in the way of work meant to help the planet.
'In fact, we were showing legitimate concerns that the scheme conversely added more pollution and was unfairly impacting more people than it was helping, including 6,300 school children and poorer communities living on the LTN boundaries.
'This judgment shows the LTN is unlawful and should be scrapped.'
In February, the Royal Courts of Justice heard two days of legal arguments after WDAG claimed the consultation on the LTN was unfair.
On Friday, Mr Justice Smith published a 34-page judgment which found the local group had proven one of three grounds in its challenge.
The court heard that council staff had been given a 'wellbeing day' off after being 'left in tears' because 'angry' residents at a 2023 meeting at West Norwood Library were 'relentless' in their opposition.
Mr Justice Smith concluded the session was 'not a happy event' with 'feelings against the proposals by some of those in attendance clearly running high'.
He was 'less sympathetic' with the council because an official report claimed the event 'gave the local community an opportunity to look at the proposals in detail and ask any further questions'.
Mr Justice Smith said that the council's consultation process was lawful, but some elements 'could undoubtedly have been improved upon'.
He added that the way the council considered input from engagement with the public was unlawful.
Mr Justice Smith wrote: 'The passage [in the council document] is a masterclass in selective partial reporting. It is what it does not say that renders the reporting of the event misleading.'
Two-thirds against the LTN
A separate survey revealed that 67.5 per cent of those who responded were either very unhappy or unhappy with the scheme.
Mr Justice Smith also concluded that an 'impressive' 53-page presentation by WDAG given to the local authority 'did not form part of the council's considerations in its decision[s]' about the LTN. The document claimed traffic banned from the LTN would clog up and pollute boundary roads where often poorer communities lived. It also showed how their research had established would increase journey times, 'intensifying rather than reducing pollution'.
The judgment says: 'The failure to have regard to it [the WDAG report] was a serious failing, rendering the decision to make the [traffic] Orders [to close the roads] unlawful.'
Mr Justice Smith invited lawyers for both WDAG and Lambeth to make further arguments about what would be 'appropriate relief' following his judgment.
Cllr Rezina Chowdhury, deputy leader of Lambeth council, said they introduced the LTN to 'reduce road danger and create a neighbourhood where residents can live safer, happier and healthier lives' and promote 'active travel'.
She added: '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; 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.
'The council has done a huge amount of work, in partnership with residents throughout Lambeth, to make neighbourhoods more pleasant, and make roads safer, more vibrant, green and accessible.
'We remain fully committed to working with local communities to transform streets across the borough and getting on with our programme to deliver benefits for everyone.'
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