London’s ‘Streetspace’ plan which has seen temporary road changes introduced to support walking, cycling and buses throughout the pandemic has been ruled unlawful in the High Court due to its impacts on the taxi trade.
Join other savvy professionals just like you at CIHT. We are committed to fulfilling your professional development needs throughout your career
A challenge against the Mayor’s plan, associated Transport for London guidance and a specific traffic order which removed taxi access from the A10 Bishopsgate corridor in the City of London was heard in the court last year.
Delivering her judgment this week, Senior High Court Judge Mrs Justice Lang said the Mayor and TfL “acted unlawfully” in their treatment of licenced taxis.
She concluded that the Streetspace plan and guidance failed to recognise the ‘distinct status of taxis as a form of public transport’ and the role they play in providing mobility for those with additional accessibility needs.
She added that the plan and the Bishopsgate traffic order – which involved the introduction of a series of banned turns and bus gates – breached taxi drivers’ ‘legitimate expectation’ of being allowed to use bus lanes.
“In my judgment, the flaws identified were symptomatic of an ill-considered response which sought to take advantage of the pandemic to push through, on an emergency basis without consultation, ‘radical changes’,” Mrs Justice Lang stated in her ruling.
She described it as “both unfair and irrational to introduce such extreme measures,” which she said impacted adversely on the elderly and disabled “who rely heavily on the door to door service provided by taxis”.
The Court ordered that the Streetspace plan, TfL guidance to boroughs and the A10 Bishopsgate traffic order be quashed following the judgment.
A Transport for London spokesman said it was disappointed with the ruling and will seek to appeal the judgment. “Temporary streetspace schemes are enabling safer essential journeys during this exceptionally challenging time and are vital to ensuring that increased car traffic does not threaten London’s recovery from Coronavirus.”
The spokesman added: “We absolutely recognise the need for schemes such as our Bishopsgate corridor to work for the communities they serve and have worked hard to ensure that people across London, including those who use taxis, can continue to get to where they need to be.
“We also recognise the need for schemes to be delivered in a fair and consistent manner and have worked closely with the boroughs to create clear guidance for implementing schemes, updating this regularly to reflect what we have learnt. These schemes will stay in place pending our appeal.”
The High Court ruling follows a judicial review mounted by two taxi trade bodies: the United Trade Action Group and the Licensed Taxi Drivers Association.
Angela Clarkson of the United Trade Action Group said: “This judgment is not only an overwhelming victory for the taxi trade but also for the elderly and people with impaired mobility who rely on us for accessible transport. Taxis are not a luxury for those who cannot cycle, walk or use other forms of public transport, but a necessity.
“I hope the fact that we won this challenge very convincingly will make the Mayor, TfL and other policy makers realise that we are an integral part of London’s public transport infrastructure and must be afforded the same access to the roads as buses.”
(Photograph: Texturemaster - Shutterstock)
Join other savvy professionals just like you at CIHT. We are committed to fulfilling your professional development needs throughout your career
{{item.AuthorName}} {{item.AuthorName}} says on {{item.DateFormattedString}}: