Ealing Council pays anti-LTN campaigners' legal fees after case was dropped

By Dimitris Kouimtsidis 26th Aug 2021

Anti-LTN protesters gather at one of the newly-introduced sites last year. Image Credit: Ealing anti-LTN residents group
Anti-LTN protesters gather at one of the newly-introduced sites last year. Image Credit: Ealing anti-LTN residents group

CAMPAIGNERS against Low Traffic Neighbourhoods (LTNs) in Ealing have vowed to continue holding the council to account after a legal challenge against the authority was dropped.

A judicial review against LTN 20, 21, 24, 30 and 35 was due to be heard on February 12, but was halted due to the Experimental Traffic Orders (ETOs), which empower the schemes to run, being revoked.

In December, Ealing Council's cabinet approved changes to the controversial initiative, such as removing all bollards to allow emergency service access and exemptions for blue badge holders within their own LTN.

The move meant a new traffic order needed to be made, which was made two days before the judicial review hearing, stopping the legal challenge from going ahead.

The new ETO will go live today, February 17.

It is understood an agreement was made between the council and campaign groups bringing the legal action, the Coldershaw and Midhurst Traffic Action Group (CAMTAG) and Ealing Residents Against Low Traffic Neighbourhoods for the council to cover a portion of legal costs.

CAMTAG co-ordinator Peter Mason, one of the lead claimants against LTN 21, said he was pleased the council would be covering the costs, adding: "I regard the payment of costs – and the fact that the new orders address some of the issues of emergency services access and (to a limited extent) discrimination against the disabled – as a clear admission that Ealing did not give proper consideration to the effects of these schemes before they were so hastily introduced last year.

"I believe the new Experimental Order for LTN21 – which ignores most of the comments residents have put forward in the past six months – still creates a scheme which is fundamentally flawed.

"It will cause problems which far outweigh any benefits they may have.

"My colleagues and I will therefore be examining closely whether this and the other Ealing orders have been properly made.

"More importantly, we will apply what we have learned about the underlying legislation to make sure that Ealing Council does not continue to ignore the views of local residents and businesses if they attempt to make these LTNs permanent."

And he said: "As a council taxpayer, we take no pleasure in seeing how the council have wasted our money in meeting their own and our legal costs, defending their evidently flawed decision-making.

"This is on top of the pointless expenditure of installing and then removing bollards.

"We must remain vigilant in holding them accountable."

A statement from Ealing Residents Against Low Traffic Neighbourhoods on the legal action said: "Actions have been ceased by agreement due to the making of the new ETO orders issued by Ealing Council.

"Ealing Council has met our legal costs."

An Ealing Council spokesperson said: "We note that legal challenges were settled by consent and the claims withdrawn in light of new ETOs having been made.

"In December, the council's interim assessment of LTNs recommended significant amendments to the trial schemes and when such changes are implemented, it is a legal requirement to create new ETOs.

"The changes we have implemented as a result of our interim assessment underlines the council's ongoing commitment to amend and improve LTNs based upon feedback from residents and the emergency services."

"We will continue to listen to the views of local people and collect a wide range of data before any final decision on the future of the schemes is made.

"We encourage everyone to have their say via the council's Commonplace website."

To find out more and share your views click HERE.

     

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