Slide background
Slide background
Slide background
Slide background
Slide background
Slide background
Slide background

Traffic management orders and equalities impacts

The High Court has dismissed an equalities challenge brought by the trustees of the Central Gurdwara over the impact of a traffic management order on the Sikh Temple. Charles Streeten explains why.

In Anand & Anor v Royal Borough of Kensington And Chelsea [2019] EWHC 2964 (Admin) the High Court has dismissed a challenge by the trustees of the Central Gurdwara (British Isles) London Khalsa Jatha to the Royal Borough of Kensington and Chelsea’s (RBKC's) decision to impose additional parking restrictions in an area which includes the Central Gurdwara.

The Gurdwara challenged the decision on the grounds that: (1) RBKC had breached the public sector equality; and (2) RBKC had failed lawfully to consult, including because it had breached the legitimate expectation the Gurdwara submitted arose from an alleged assurance given by the council’s Lead Member for Streets, Planning, and Transport at a meeting.

The Gurdwara alleged in particular that RBKC had not sufficiently investigated the equalities impact of the scheme, which it said would severely impact the viability of the Gurdwara. In support of this, it produced a considerable body of ex post facto evidence, including conducting its own full consultation exercise.

Lang J dismissed the claim, accepting in full the arguments made on RBKC’s behalf. She held that:

  1. It was wrong in principle to have regard to the Gurdwara’s ex post facto evidence, which was not before the decision maker. The evidence was directed at the merits of RBKC’s decision and fell beyond the scope of a statutory review.
  2. RBKC had a wide discretion as to how to frame its consultation document, including how much information to provide to consultees about the position of the Gurdwara and other religious institutions. RBKC’s decision to summarise the position of faith groups had not been unlawful. Fairness did not require questions about alternative solutions which RBKC was not considering at the time.
  3. The Gurdwara had failed to establish that RBKC made a clear and unambiguous promise to them that it would not extent the controlled parking hours without further consulting it. The Gurdwara’s own evidence was inconsistent on the key point. To the extent that there had been reference to a “potential to consult” this fell well short of a promise to consult.
  4. It was clear from the officer’s report that RBKC had understood the nature of the PSED and applied the statutory criteria. RBKC was entitled to conclude that the information which faith groups had provided was sufficient information upon which it could properly discharge the PSED. Having recognised and assessed the impact on elderly and disabled congregants, it was not necessary to know their precise number. As a consequence the decisions in the Hillingdon and Isle of White cases were readily distinguishable and RBKC was entitled to make a reasonable judgment and then monitor the outcome with a view to making any adjustments that may seem necessary, such as further blue badge provision. The PSED does not require a particular outcome and does not enable a disappointed party to challenge the merits of a decision taken in a “classically polycentric decision-making context” which has been entrusted by Parliament to local authorities.

Charles Streeten is a barrister at Francis Taylor Building. He represented the successful defendant, the Royal Borough of Kensington and Chelsea, instructed by Heidi Titcombe, Principal Solicitor Bi-Borough Legal Services.


blackpool 146x219
April 18, 2019

Between Blackpool rock and a highway hard place

Had a claimant who tripped on a kerb been successful in a recent case, it could have led to Blackpool Council having to consider redesigning its popular new promenade area at very considerable cost. Paul Murphy explains how the authority successfully defended the claim.
Problems with service of CIL construction 1510561 1280 146x219
April 12, 2019

Problems with service of CIL documents

Christopher Cant examines the challenges that arise when seeking to comply with the Community Infrastructure Levy regime.
Cyclist 97716316 s 146x219
March 15, 2019

Proving the size of highway defects

A recent High Court ruling in a claim against a highways authority over a pothole demonstrates why measurements of length, width and depth are crucial, writes Dominique Smith.
Bus iStock 000003775433XSmall 146x219
December 21, 2018

Transferring interests in highways

The Supreme Court has handed down a ruling in a dispute between two London councils and Transport for London on the extent of the transfer of a 'highway'. David Elvin QC explains the outcome.
Housebuilding iStock 000008203889XSmall 146x219
October 26, 2018

Enforcing s106 agreements

What can you do if in relation to s.106 agreements things don’t work out as planned? Gary Soloman explains.
Contract 2 iStock 000003466551XSmall 146x219
September 07, 2018

Contractual interpretation: the Amey dispute

Deborah Down considers how a contractor’s rigid approach to what a highways maintenance contract said, led to unintended consequences for the authority.
Potholes 14396505 s 146x219
August 24, 2018

Tripped up

A borough council in the West Midlands recently secured a finding of fundamental dishonesty in a highways tripping case. Matthew Harpin sets out how.
Road iStock 000012245935XSmall 146x219
July 20, 2018

Highways and inspection systems

A council’s annual inspection system was recently found by a court to be adequate for the purposes of S.58 of the Highways Act 1980 (the Act) when determining liability. Lucie Evans and Suzanne Milne report.
Road iStock 000012245935XSmall 146x219
May 25, 2018

Impaired lines of sight and motor accidents

Should a landowner or highways authority face liability for obstructed sightlines? John Goodman analyses a recent Court of Appeal ruling that wil be a useful case for highway authorities and other landowners.
Projects portrait1
April 20, 2018

CPO and compensation: key changes

Gary Soloman looks at a number of provisions relevant to compulsory acquisition in the Neighbourhood Planning Act 2017 and Housing and Planning Act 2016 that come into force on 6 April 2018.
Port 41440953 s 146x219
April 06, 2018

Ports and good governance

Local authorities that manage municipal ports need to consider and implement the government's new Ports Good Governance Guidance, writes Lara Moore and Ione McGregor.
Barriers 95802572 s 146x219
February 23, 2018

Installing barriers on public highways

LexisPSL Local Government, in partnership with Laura Hughes of Browne Jacobson, deals with the question of the powers available to a local authority when installing gates or barriers on public highways.
Parking meter iStock 000012484950XSmall 146x219
January 19, 2018

Dealing with icy car parks

The Court of Appeal recently rejected a claim for damages brought by a 78-year-old man who fell on ice in a council-operated car park. Claire Booth explains why.
Project iStock 000000224397XSmall 146x219
December 15, 2017

Continuing issues with CIL

Christopher Cant analyses some of the thorny issues thrown up by regime for the Community Infrastructure Levy.
Strike 146x219
August 24, 2017

Direct action and injunctions

Protestors have been stopped from preventing a tree-felling programme run by Sheffield City Council. Yaaser Vanderman sets out the judge’s reasoning for granting an injunction.
Pollution 28909383 s 146x219
August 17, 2017

Seeing through the smog

How can local authorities interpret DEFRA’s Clean Air Zone Framework in compliance with the law? Anna Heslop looks at the background and an important legal test.
Right of Way 34826038 s
August 17, 2017

Public rights over public spaces

Laura Renaudon reports on a rights of way order decision concerning a definitive map modification application over a public park owned by Durham County Council.
RCJ portrait 146x219
August 10, 2017

The scope of “highway” for GLA Roads vesting

The Court of Appeal has determined the scope of “highway” for GLA Roads vesting. David Elvin QC reports on a successful appeal by two councils.
Potholes 14396505 s 146x219
August 03, 2017

Potholes galore!

John Collins reports on a Court of Appeal ruling in a case where a jogger injured himself in a pothole.
Project iStock 000000224397XSmall 146x219
July 13, 2017

Local authorities and DCOs

Paul Irving and Jane Wakeham analyse the role of the local authority in the Development Consent Order process.
Slide background
OHSecurity is developed by Orange Hat Studios