Low traffic neighbourhoods

Philippa Jackson analyses the latest rulings in relation to low traffic neighbourhoods and what they mean for future legal challenges. Read more
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  NEWS

Oct 05, 2021

Government to introduce series of measures in bid to clamp down on disruption of infrastructure including motorways

The Government is to introduce a new offence of interfering with the operation of key infrastructure – including motorways, railways, and airports – where the impact will affect the distribution of essential goods, such as fuel and medicine.
Sep 22, 2021

Department for Transport rules out appeal over Stonehenge Tunnel judgment

Transport Secretary Grant Shapps has accepted that he must redetermine the Stonehenge road tunnel project after his High Court defeat last month.
Sep 21, 2021

Cycling charity secures permission from Court of Appeal for judicial review challenge over removal of bike lanes, after earlier High Court refusal

The Court of Appeal has given the go-ahead for a judicial review of West Sussex County Council's decision to remove a cycle lane installed during the pandemic.
Sep 03, 2021

London borough defeats judicial review challenge over introduction of low traffic neighbourhoods

Hackney Council has successfully defended a judicial review claim over the decision of its Cabinet in September 2020 to adopt an emergency transport plan (ETP).
Sep 01, 2021

Solicitor suspended over ‘blue badge’ misuse

Misuse of a ‘blue badge’ for disabled parking has seen a solicitor suspended from practice after prosecution by the London Borough of Ealing.
Sep 01, 2021

Residents eye legal challenge to Environment Agency consent for HS2 tunnelling works

A group of local residents are planning to bring a judicial review challenge against the Environment Agency (EA) over its grant of consent to tunnelling works for HS2.
Aug 13, 2021

Crown Commercial Service kickstarts procurement of £80m rail legal services framework

The Crown Commercial Service has launched the procurement of an £80m rail legal services framework.
Aug 11, 2021

City of London defeats challenge to its refusal to revoke experimental traffic order

An experimental traffic order was not invalidated just because the experiment it was designed for had been affected by the pandemic, the High Court has ruled.
Aug 09, 2021

Council defeats tribunal bid by FOI requester for legal advice on power to issue excess charge notices over off-street car parking and to pursue criminal prosecutions for contraventions

The First-tier Tribunal has refused a request for the disclosure of legal advice obtained by a city council on the correct use of its car parking enforcement powers, and clarified how the public interest balance should be assessed in cases where the legal professional privilege exemption in s.42(1) of the Freedom of Information Act is involved.
Aug 03, 2021

Government failed to consider impact assessments in full and did not consider alternatives in Stonehenge tunnel development, High Court finds

The High Court has quashed a development consent order made by the Secretary of State for Transport which gave the green light to the construction of a £1.7bn tunnel at the Stonehenge World Heritage Site.

  FEATURES AND ANALYSIS

September 23, 2021

Procurement and the UK Hydrogen Strategy

Kyle Duggan, Victoria Croshaw, Emily Heard analyse procurement issues in relation to the use of hydrogen in the transport sector.
September 02, 2021

Electric vehicles and landowners – it’s time to get plugged in!

David Hobbs looks at some key issues for public sector landowners to consider when providing electric vehicle charging points.
August 19, 2021

Road investment and climate change

The Government’s £27bn Road Infrastructure Strategy has been found to be lawful. John Litton QC and Andrew Byass analyse the High Court’s ruling.
August 19, 2021

The Road Infrastructure Strategy and climate change

The Government’s £27bn Road Infrastructure Strategy has been found to be lawful. John Litton QC and Andrew Byass analyse the High Court’s ruling.
August 12, 2021

The Stonehenge Tunnel case: heritage impacts and consideration of alternatives

A High Court judge recently quashed the approval of the Stonehenge Tunnel. Victoria Hutton, Rose Grogan, Christiaan Zwart and Richard Harwood QC examines the ruling.
July 29, 2021

Japanese knotweed and private nuisance

Jonathan Pennington Legh acted recently in a case concerning Japanese knotweed. Here he considers how the related legislation impacts landowners and practical steps you may like to consider.
July 08, 2021

Defects on the highway

A highways authority recently successfully defended a claim brought by an injured motorcyclist. Ian Clarke considers the ruling.
July 01, 2021

E-scooters in the UK public transport mix

Kathryn Hinchey highlights the challenges faced by local authorities rolling out e-scooter trials due to gaps that remain in the Government legislation and guidance. Here, she discusses the steps needed to ensure that future e-scooter use on UK roads is viable, and that ongoing trials bear fruit.

  NEWS

Jul 29, 2021

Court of Appeal rejects challenge to decision by county to change status of track to bridleway

The Court of Appeal has rejected a legal challenge to a decision by a county council to modify its Definitive Map and Statement so that a track was changed from a footpath to bridleway.
Jul 29, 2021

Judge rejects legal challenge over £27.4bn roads programme

The High Court has thrown out a campaign group's legal challenge to the Government’s £27.4bn Road Investment Strategy 2: 2020-25.
Jul 27, 2021

Trowers advises London borough on CPO for strategic infrastructure works for £6bn Meridian Water development

Law firm Trowers & Hamlins has advised the London Borough of Enfield on a compulsory purchase order relating to strategic infrastructure works necessary to enable the £6bn Meridian Water regeneration.
Jul 27, 2021

Campaigners net permission for legal challenge over reopening of bridge closed under experimental traffic order

Campaigners have been granted permission for a judicial review challenge of BCP Council’s decision to reopen a single lane road under “Keyhole Bridge” in Poole to traffic.
Jul 21, 2021

Council and bus operator to pay out £109k in damages and costs to religious organisation over refusal to advertise rally

Blackpool Council and its wholly owned company Blackpool Transport Services have been ordered to pay £109,000 in damages and costs to a religious organisation run by evangelist Franklin Graham after refusing to advertise a rally on buses.
Jul 01, 2021

E-scooters in the UK public transport mix

Kathryn Hinchey highlights the challenges faced by local authorities rolling out e-scooter trials due to gaps that remain in the Government legislation and guidance. Here, she discusses the steps needed to ensure that future e-scooter use on UK roads is viable, and that ongoing trials bear fruit.
Jun 30, 2021

High Court rejects challenge to Low Traffic Neighbourhood in London borough

A High Court judge has rejected a challenge by a disabled woman who claimed that the London Borough of Lambeth had implemented Low Traffic Neighbourhoods unlawfully.
Jun 25, 2021

Cycling charity heads to Court of Appeal after High Court refuses permission for legal challenge over removal of temporary bike lane

A cycling charity is heading to the Court of Appeal after its judicial review application of West Sussex County Council's decision to remove a temporary bike lane in Shoreham was refused by the High Court last month.
Jun 23, 2021

Highways authority successfully defends claim by injured motorcyclist

A motorcyclist seriously injured when exiting a petrol station has no claim against Luton Borough Council over the state of the highway, the High Court has decided.
Jun 23, 2021

Utility provider prosecuted by council for causing unnecessary traffic jams

Thames Water must pay more than £8,000 in fines and costs in a prosecution brought by the London Borough of Wandsworth.
Jun 23, 2021

Council facing legal challenge to grant of planning permission for expansion of Southampton Airport

Objectors to the expansion of Southampton Airport have appointed law firm Leigh Day to challenge Eastleigh Borough Council’s grant of planning permission.
Jun 21, 2021

Council mounts High Court legal challenge over grant by inspectors of permission for increase in passenger numbers at Stansted Airport

Uttlesford District Council is to bring a legal challenge after planning inspectors overturned its refusal of permission for the cap on passenger numbers at Stansted Airport to be increased to 43 million per year.
Jun 17, 2021

Mayor of London and TfL win appeal over High Court ruling that quashed closure of A10 in Bishopsgate under ‘Streetspace’ scheme

The Court of Appeal has allowed an appeal by Transport for London and the Mayor of London against a High Court ruling that quashed the ‘Streetspace’ traffic reduction policies.
Jun 17, 2021

District and county at loggerheads after legal advice leads to rejection of £15m Housing Infrastructure Fund grant for relief road

A row has erupted between Melton Borough Council and Leicestershire County Council after the latter refused on legal advice to accept a £15m government grant.
Jun 09, 2021

District council hit with full costs after planning inspectors back expansion at Stansted Airport

Uttlesford District Council’s leader has urged Whitehall to rectify “an insult to local democracy” by the Planning Inspectorate over the expansion of Stansted airport.
Jun 02, 2021

TfL settles procurement claim over construction of Silvertown Tunnel

Transport for London has reached a confidential settlement with an aggrieved bidder that had hoped to build the Silvertown tunnel project.
May 31, 2021

Medway issues VEAT notice for procurement of law firm to advise on Housing Infrastructure Fund and Grant Determination Agreements

Medway Council has issued a voluntary ex ante transparency notice (VEAT) over its procurement of law firm Pinsent Masons to a £700,000-£900,000 contract to provide legal advice in relation to the Housing Infrastructure Fund and Grant Determination Agreements (GDA).
Apr 29, 2021

High Court judge hands down ruling on lawful scope of statutory consultation response

Norfolk County Council wrongly took account of the economic benefits of a development proposal when in its capacity as highways authority it decided not to object to its impact on a local main road.
Apr 29, 2021

Campaigner loses High Court challenge over Natural England decision on tree felling in wood affected by HS2

A High Court judge has dismissed as unarguable all the grounds advanced by environmental activist Mark Keir against Natural England’s decision to allow the felling of part of a wood for works on the HS2 rail project.
Apr 21, 2021

Lambeth facing legal challenge over low traffic neighbourhood

A disabled local resident expects to take the London Borough of Lambeth to court next month in a dispute over a low traffic neighbourhood.
Apr 14, 2021

London borough fails in High Court challenge over HS2 construction traffic routes

The London Borough of Hillingdon has lost a High Court judicial review against two Whitehall departments over routes for HS2 construction traffic in the borough.
Apr 07, 2021

TfL given permission for appeal in Streetspace dispute

Transport for London has been granted the right to appeal against a High Court ruling that its traffic reduction policies were unlawful.
Apr 07, 2021

Religious organisation wins County Court ruling over removal by council of adverts on buses

A religious organisation has won a county court case against Blackpool Borough Council and its wholly-owned Blackpool Transport Services, which refused to advertise its rally on the sides of buses.
Apr 07, 2021

Court of Appeal gives permission for judicial review challenge over low traffic neighbourhood policy in Hackney

A local campaign group opposed to the London Borough of Hackney’s policy of closing streets to through traffic has been given leave for a judicial review at its third attempt.
Apr 07, 2021

Transport for Greater Manchester names six law firms to major projects panel

Transport for Greater Manchester has appointed six law firms to a lot in its £88m Professional Services Framework covering legal services for major or complex projects.

  MORE FEATURES

June 02, 2021

Introduction to Highways Works; Public Rights of Way and Village Greens for Planners

Katherine Barnes and Celina Colquhoun provide a “back to basics” session on highways works, public rights of way and village greens directed at planners.
March 26, 2021

Diverting a footpath under section 119 of the Highways Act 1980

The Court of Appeal has recently considered the criteria for the diversion of a footpath, bridleway or restricted byway. Trevor Ward examines the ruling.
March 19, 2021

Compulsory acquisition, Green Belt policies and undefined boundaries

The Court of Appeal has handed down a judgment on planning decisions relating to undefined boundaries of Green Belt land and cost orders in CAAD appeals. Oliver Capildeo examines the ruling.
March 05, 2021

When fixation becomes legal irrationality

John Pugh-Smith examines two recent judicial review challenges where judges have upheld a ground of 'irrationality'.
February 15, 2021

Rights of Way: An introduction to Private and Public Rights of Way

Lynsey Ellard and Carol Ramsden provide an overview of the differences between private and public rights of way; the characteristics of private and public rights of way; how they are created and how creation may be controlled and how private rights of way may be protected.
February 05, 2021

Challenging the Streetspace Plan

The High Court recently quashed the Mayor of London's Streetspace Plan and TfL’s Bishopsgate Traffic Management Order. David Matthias QC and Charles Streeten explain why the black cab drivers succeeded.
January 29, 2021

When is a policy not a policy: Supreme Court on Heathrow expansion

In February 2020, the Court of Appeal decided that the Government policy on airport expansion at Heathrow was unlawful on climate change grounds. The Supreme Court has now reversed this decision. David Hart QC considers this development.
December 18, 2020

Inspecting the “soft estate"

A recent case examined liability for the collapse of roadside trees. Adrian Neale and Roger Carver look at the outcome.
November 06, 2020

Highways, snow and ice

Matthew Mawdsley analyses the first reported decision on s. 41(1A) of the Highways Act 1980 and the question of reasonable practicality.
October 22, 2020

Highway surfaces and rural landscapes

Chloe Jenkins reports on the successful defence of a claim against the Yorkshire Dales National Park Authority and North Yorkshire County Council brought by a claimant who fell whilst crossing a set of stepping stones in the River Cover in the Yorkshire Dales National Park.
August 27, 2020

Local authority powers and traffic offences

Rob Hann, local government solicitor and author, explores concerns over proposals for new council powers to impose fines and penalties on motorists for some moving vehicle offences.
August 14, 2020

Obstruction of highways

This LexisNexis Local Government guidance note, produced in partnership with Nicholas Hancox Solicitors, provides comprehensive and up to date legal information covering a wide variety of circumstances in which public highways may be obstructed and what measures are available to councils to deal with them.
August 13, 2020

Discretion to exclude bidders lawful

The exercise of a contracting authority's discretion to exclude several bidders in a rail franchise procurement was proved to be lawful. Tom Beard takes a look at the judgment.
July 23, 2020

Deferral of CIL

Christopher Cant looks at the government's proposals on the deferral of the Community Infrastructure Levy and sets out areas of concern for local authorities.
July 23, 2020

Varying and enforcing s106 obligations Part 5: Money claims and ADR

In the fifth and final article in Landmark Chambers’ series on varying and enforcing s. 106 obligations, James Maurici QC, Kate Olley, Heather Sargent, Matthew Henderson and Nick Grant mop up some miscellaneous matters by looking at money claims and other dispute resolution.
June 26, 2020

How to (lawfully) rename streets and remove statues

Ruchi Parekh highlights the relevant legal framework and some of the issues that councils will need to consider before amending their street names or removing statues.
June 12, 2020

Varying a s106 obligation

In the first in a series of articles to be published by a group of Landmark barristers over the coming weeks, Kate Olley looks at the variation and enforcement of s106 obligations.
June 12, 2020

The End of PFI or… a new dawn for local authority infrastructure investment?

Rob Hann assesses new guidance from the National Audit Office for public bodies as PFI contracts start coming to an end, and looks at what the future holds for local authority investment.
June 05, 2020

Decision time

Shivaji Shiva looks at government initiatives, as part of its response to the COVID-19 pandemic, to reshape our towns and cities for safer travel.
June 04, 2020

Gulliksen dead and McGeown fatally wounded?

Matthew White looks at the key points for highways authorities and claimants from an important Court of Appeal ruling this week.