Six controversial Low Traffic Neighbourhood schemes will have to be removed as a result of the High Court ruling
The High Court has quashed six permanent Low Traffic Neighbourhood (LTN) schemes in Croydon after a judge ruled they were unlawfully introduced to help plug the borough’s dire finances.
The long-running case was in part decided by public statements made by Croydon’s Executive Mayor, Jason Perry.
The legal challenge was spearheaded by local resident Karen Lawrence and the pressure group Open Our Roads. Following a complex legal battle that began in May 2024, Mr Justice Pepperall ruled on Wednesday (March 4) that the council had abused its statutory powers.
He found that the council’s primary motive for implementing the traffic restrictions was to raise revenue, which falls outside the lawful scope of the relevant legislation. LTNs are residential areas where through traffic is restricted by measures such as planters and cameras, in an effort to improve road safety and air quality.
The court’s decision examined Croydon Council’s broader financial position in relation to the LTNs. The judgement referenced the council’s Section 114 bankruptcy notices issued in 2020 over a projected £67 million shortfall.
In an effort to balance its budgets, the council projected a £10.7 million surplus generated specifically by the six LTN schemes between 2023 and 2027. Public statements about the schemes by Croydon Mayor Jason Perry were influential in Mr Justice Pepperall’s ruling.
Despite campaigning against LTNs while in opposition, Mayor Perry admitted after taking office that he could not remove the schemes because the previous administration had built more than £20 million of future camera enforcement income into the council’s budget.
A Telegraph article also quoted him as saying the council’s budget was “predicated” on the schemes, meaning he was “not in a position to reverse it”. The judge noted Mayor Perry’s lack of public enthusiasm for the schemes’ safety benefits and concluded that his position was constrained by budgetary pressures.
The ruling also noted that in 2021 a council finance officer had warned that failing to deliver the traffic schemes could undermine Croydon’s ability to maintain services and secure future financial support from central government.
Elsewhere, the judgement focused on a council officer’s report that showed mixed results on traffic collisions and only slight to moderate environmental benefits. The court ultimately concluded that the dominant purpose behind making the schemes permanent was to safeguard enforcement revenue.
Ms Lawrence launched her challenge with the support of Open Our Roads after the permanent traffic orders were made on March 25, 2024. She argued that the council had exercised its statutory powers for an unlawful financial purpose.
Under the Road Traffic Regulation Act 1984, local authorities are permitted to restrict traffic to secure the safe movement of vehicles and improve environmental conditions. Mr Justice Pepperall emphasised that the legislation is not a revenue-raising measure and cited the established legal principle that citizens cannot be taxed without clear parliamentary authority.
The ruling also addressed a procedural issue that allowed the case to proceed. Ms Lawrence had initially served the legal paperwork after the statutory deadline.
However, the council’s legal team did not follow the required procedural code for disputing the court’s jurisdiction under Part 11 of the Civil Procedure Rules. This flawed application led the judge to rule that the council had effectively accepted the court’s jurisdiction.
This led Mr Justice Pepperall to refer to the case as “something of a procedural dog’s breakfast”.
As a result, the LTN schemes at Albert Road, Dalmally Road, Elmers Road, Holmesdale Road, Parsons Mead and Sutherland Road will be removed.
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