Low-traffic neighbourhood scheme ruled unlawful in landmark decision

A High Court judge has ruled in favour of a group of residents and businesses challenging a proposed low-traffic neighbourhood (LTN) scheme in West Dulwich, South London. The West Dulwich Action Group (WDAG) launched legal action against Lambeth Council, successfully halting the experimental scheme.

The residents and businesses argued that the council had disregarded their concerns and unfairly excluded local businesses from the consultation process. Their legal challenge asserted that the council's approach was "so unfair as to be unlawful." The court's decision marks a significant victory for the WDAG, who had voiced strong opposition to the LTN proposal. Further details regarding the judge's ruling and the future of the LTN scheme are expected to be released soon.

At a hearing in February, lawyers for WDAG told the High Court in London that some areas which clearly would be affected were excluded from the scope of targeted consultation.

Lawyers for the council said the claim is “without foundation” and should be dismissed, telling the court that areas selected had been picked based on the council’s assessment of the likely impacted areas, with proposals changing over time.

In a judgment on Friday, Judge Tim Smith, sitting as a deputy High Court judge, ruled in WDAG’s favour.

The judge said that the council’s consultation process was lawful, though said some elements “could undoubtedly have been improved upon”.

However, he said that the way the council considered input from engagement with the public was unlawful.

WDAG had delivered a “detailed” 53-page presentation outlining its concerns about the scheme to a councillor, but Judge Smith said it was not clear whether it was then shared with officers making decisions over the scheme.

He said: “On the evidence, I am forced to conclude that, despite assurances to the contrary given to the claimant, the 53-page presentation did not form part of the council’s considerations in its decision to make the orders.

“It should have done. Its content was highly relevant to the issues being deliberated upon and thus it was a material consideration.

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

At the end of his 34-page judgment, Judge Smith said that written submissions over what should happen next will be considered.

During the hearing earlier this year, the court was told that Lambeth Council workers were offered a wellbeing day after “hostility and anger” at a meeting over the proposed scheme.

WDAG’s lawyers described the meeting at West Norwood Library on April 22 2023 as a “fiasco” that lasted six hours, after which council workers were only able to record 21 responses because of the difficulties.

In Friday’s ruling, Judge Smith said: “Plainly it was a difficult situation for the council’s officers to find themselves in.

“Feelings were evidently running high, and the general sense of hostility together with the volume of people in attendance wanting to express their views meant that the event was not as effective as was intended.”