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Fightback against hated LTN that made Labour-run council £1million in fines as it is ordered by High Court to scrap 'unlawful' low-traffic neighbourhood in first case of its kind

Fightback against hated LTN that made Labour-run council £1million in fines as it is ordered by High Court to scrap 'unlawful' low-traffic neighbourhood in first case of its kind

Daily Mail​04-06-2025
A Labour run-council has been ordered by the High Court to scrap a hated LTN which earned £1million in fines.
An 'unlawful' low-traffic neighbourhood in West Dulwich, south London will become the first in the UK to be axed after a judge rejected an appeal from Lambeth council.
The council will now have to pay out £35,000 in legal fees to the West Dulwich Action Group (WDAG), which brought the case, but campaigners are calling for this to be increased to include the £1,080,580 taken in penalties.
Nonetheless, the body welcomed the decision to close the LTN which they argued had increased pollution and traffic on bordering roads.
A spokesman for WDAG said: 'This ruling is definitive – the LTN was unlawful. The council has lost, has been denied permission to appeal, and must now face the consequences of what that means.
'At the top of that list is the £1 million in fines it issued while the unlawful scheme was in place.
'We now call on Lambeth Council to clarify whether it will refund those fines. This is not just about legality – it's about fairness and public trust. If the law was broken, the money should be paid back.'
The group has also pleaded with the council to avoid taking the case any further via another appeal, adding that it would waste yet more public funds.
The 'unlawful' low-traffic neighbourhood, pictured, in West Dulwich, south London will become the first in the UK to be axed
They said: 'Doing so would further waste taxpayers' money and signal that its priority is protecting revenue, not engaging with the community it serves.
'Let's be clear: this case should never have gone to court. It could have been resolved through proper, respectful dialogue. Instead, chose to defend litigation over listening – and the public has paid for it.
'It's a wake-up call to councils everywhere: to not impose blanket schemes ignoring genuine concerns and issues, and to work with your communities.
'We again invite Lambeth to return to the table and help co-create fairer, smarter approaches to car use, pollution, road safety, and sustainable travel – with data, community support, and clear success measures at the heart of every decision.'
Mr Justice Smith warned council bosses not to 'revoke' the LTN, which was introduced last year, instead of it being 'quashed' by a court ruling.
He wrote: 'Revoking the orders after I have made a finding of unlawfulness leaves the same impression as would an attempt to resign immediately after one has been fired.'
The judge also ordered the council to implement the ruling immediately, calling on them not to defer removing the LTN, as it had 'known of the need to instruct these works to take place since May 9' when it initially lost the High Court case.
He rejected the local authority's bid to avoid paying WDAG's legal costs on the grounds that they had won only one of three legal challenges, branding the attempt 'misconceived' due to the fact that residents had been 'wholly successful'.
Mr Justice Smith added: 'Here the claimant came to court seeking a quashing of the [traffic] orders. It has gone away having achieved that objective. It has therefore been completely successful.
'The fact that the claimant has succeeded in only one of its three grounds of claim does not alter the fact that it has been wholly successful in its aims.'
In his May ruling, he found Lambeth council guilty of a 'serious falling' following its deicision to ignore an 'impressive' report suggesting street closures could cause a spike in pollution and congestion in the surrounding area.
Mr Justice Smith also described a council document ignoring 'hostility' expressed towards the LTN in a public consultation as a 'masterclass in selective partial reporting'.
It emerged in February that staff working for the local authority had been handed a 'wellbeing day' off having been 'left in tears' in the wake of residents making their 'anger' known at a 2023 meeting at West Norwood Library.
The barrister for Lambeth Council, Heather Sargeant, wrote that the meeting brought councillors to tears and forced council staff to take a lunch break to 'get away' from the hostility from angry residents.
She wrote: 'The experience of officers attending the event for the council (on a Saturday) was so negative that the then head of transport strategy and programmes offered them a day of wellbeing leave.'
The opponents to the LTN criticised the council for a lack of public consultation and argued this made the proposal unlawful.
Lambeth council spokesman said: 'We implemented the West Dulwich street improvements to reduce road danger and create a safer and healthier neighbourhood.
'We remain committed to delivering our programme to reduce road danger for those most at-risk and make our streets calmer, more community-friendly places.
'The High Court has ordered the removal of West Dulwich street improvements. No further fines will be issued, and we are removing the scheme as soon as it can be done safely.'
The spokesman did not acknowledge WDAG's demands for more than £1m in fines to be reimbursed.
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