OneChiswick still going ahead with Judicial Review of C9

OneChiswick Ltd have confirmed they are still going ahead with a Judicial Review of LB Hounslow’s decision to install C9, the cycle lane which runs through Chiswick High Rd, despite an Appeal Court ruling on Wednesday 16 June declaring Sadiq Khan’s Streetspace programme to be lawful.

The cycle lane was signed off by Hounslow Council after a two year process of consultation by Transport for London, during which several changes to their original plan were made, but the cycle lane as it has been installed differs in several respects to the agreed plan and is a cheaper, temporary construction.

OneChiswick Ltd developed out of a Facebook group which came together to oppose the cycle lane and other street changes brought in under the umbrella of Streetspace. Their Judicial Review was due to be heard in July but was postponed pending the outcome of the case heard on Wednesday.

The Appeal Court on Wednesday re-examined a decision made by a judge in January as a result of a case brought by taxi drivers, who found that that Mayor of London Sadiq Khan’s Streetspace scheme was ‘unlawful’.

Lawyers acting for Transport for London appealed the decision and Appeal Court judge Lord Justice Bean announced on Wednesday that they were setting aside the earlier judgement of Mrs Justice Lang. He and his colleagues have not yet given their reasons. Those will be explained fully at a later date, but they were not convinced of the argument that the Mayor had acted unlawfully by introducing the Streetspace scheme in 2020.

Sadiq Khan announced last year that he wanted to create one of the largest car free areas of any major city in the world in central London as part of his policy to promote active travel, ie. walking and cycling.

Image above: Mayor of London Sadiq Khan

OneChiswick has told The Chiswick Calendar:

‘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.

‘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.

‘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’.

Hounslow Council welcomes Streetspace decision

LB Hounslow have welcomed the Appeal Court decision:

‘This decision overturns that previous determination, meaning Streetspace schemes were not unlawfully implemented and that the programme can continue, including in relation to Cycleway 9 (C9)’.

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.”

Read more stories on The Chiswick Calendar

See also: Appeal Court says Sadiq Khan’s Streetspace scheme is legal

See also: Council ends Streetspace trial in Turnham Green Terrace

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