Campaign group claims High Court victory against Lambeth LTN
A campaign group has won a watershed legal challenge against Lambeth council’s controversial Low Traffic Neighbourhood (LTN) at the High Court.
The judgment, handed down today, ruled in favour of the West Dulwich Action Group (WDAG) to conclude the council’s decision to put in place Experimental Traffic Orders (ETOs) for the West Dulwich LTN had been unlawful.
A WDAG spokeswoman 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.”
Cllr Rezina Chowdhury, Deputy Leader of Lambeth council said the local authority acknowledged the court’s decision and would consider the implications of its judgement.
She said: “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.
“The current trial scheme in West Dulwich will remain in place in the meantime, while we await further directions from the court.”
The decision comes after a Statutory Review hearing held on February 12 at the Royal Courts of Justice, where WDAG accused the council of “disregarding” public opinion after implementing the plan in September 2024, despite widespread disapproval.
Legal documents reveal that 67.5 per cent of consulted residents were “unhappy” or “very unhappy” with the proposal.
Throughout and after the consultation periods, WDAG attempted to engage with the council, culminating in a 53-page dossier of concerns and questions.
Despite this, the council pushed forward with an 18-month trial of the scheme, which aims to reduce traffic and pollution in residential areas.
The Department for Transport’s guidance on LTNs states that LTNs should only be introduced “where there is strong evidence of local support”.
Therefore WDAG, made up of almost more than 600 residents and business owners, sought to overturn the LTN through legal action, raising £50,000 to support the court challenge against the council.
Judge Tim Smith said: “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.”
The Judge will now need to decide what should happen with the Experimental Traffic Orders for the LTN. If overturned, the WDAG’s campaign will be the first to win a court battle to force a council to U-turn on an LTN.
A WDAG spokeswoman said: “This should never have ended up in court. 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 solution.”
The disputed LTN is one of three projects proposed by the council in the West Dulwich area. The other two proposals are a West Dulwich Controlled Parking Zone (CPZ) and a Brockwell Park to Gipsy Hill Healthy Route extension.
The local authority said all three measures are needed for the council to make Lambeth healthier and safer, especially for children, the vulnerable and the elderly.
But, WDAG said that the LTN will increase traffic, pollution and road hazards by pushing cars into boundary roads – such as the South Circular where more than 6,000 children attend schools and nurseries.
Cllr Chowdhury said: “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.”
Pictured top: Almira Mohamed and fellow anti-LTN campaigners at the Royal Court of Justice yesterday (Picture: David rose)
