GOOD news for Cycling UK. The High Court has declared that Conservative
controlled West Sussex County Council did unlawfully remove the Pop Up cycle
lane in Shoreham by Sea over one year ago.
Casting around the on-line news sites for this story
I spotted this which says it all, from Rowan Smith,
lead solicitor from the Leigh Day law firm telling Sussex Live:
“This is a massive legal, as well as
campaigning, victory that will benefit cyclists in West Sussex and across the
country.
"Cycling UK has achieved a big win
in upholding statutory guidance to embed more climate-friendly travel, which it
hopes will contribute to a greener post-pandemic recovery.
"Such great news comes in the wake
of the Government setting up Active Travel England, a new body with powers to
rank local authorities on the quality of cycling provision in their areas.”
The one photograph I saw of the cycle lane in question revealed
a thin miserable strip of tarmac of minimal width, marked out with stick up
poles on the tarmac which looked to be too close for comfort. They could have taken another couple of feet
from the bloody motors, if you ask me.
Notwithstanding that, the Shoreham lane had proved very popular with cyclists.
During its short lifetime it was used for 30,000 cycle trips, serving five schools along its length.
Then it was gone. And the battle began to hold the council to account.
It took Cycling UK 11 months of legal argument before the council finally agreed to an out of court settlement.
West Sussex had ignored the statutory guidance for installing temporary Pop Up cycle lanes.
It had only been in place a month, from the end of September 2020, before its fate was sealed as a result of complaints from drivers. This allowed no time for it to bed in, nor to evaluate any possible problems.
Cycling UK forked out huge sums to fight their case, supported by the Cyclists’ Defence Fund contributed to by the membership.
But this is a bitter sweet
victory as the council spokesman says there’s no
chance the temporary cycle lane will be put back.
The new facility, so hurriedly ripped out, was paid
for out of £700,000 worth of
Government funding provided to help a number of local transport initiatives.
The Pop Up cycle lane was part of a national
Active Travel campaign (active being the operative word for getting about under
your own steam).
The initiative was born out of the realisation that people may be reluctant to use public transport during the pandemic. The Pop-up cycle lanes were installed across the country as quick-fix measure to encourage people to cycle who otherwise might be deterred at the thought of mixing with traffic. There was an option to make them permanent, if they worked.
Shockingly, it seems one council member was responsible for taking out the cycle lane,
apparently going against the advice of the council’s scrutinizing committee.
You wonder how this is possible.
What surprised Cycling UK then was the way the council attempted to brush off the issues they alone were responsible for. Their spokesman was full of spin and bluster, suggesting that they only “settled the case so as to avoid further costs to the public purse”.
The declaration that West Sussex Council acted unlawfully came with an order against the council for costs. Dollimore explained on Cycling UK’s website that the council’s unlawful action has barred them from receiving any more government funding for transport planning. They must also pay Cycling UK’s £25,000 costs.
Dollimore took a look
“behind the spin” and on his Cycling UK blog explains what’s happened and what
it means.
Link
here https://www.cyclinguk.org/blog/unlawful-decisions-removing-cycle-lanes-what-does-it-all-mean
Alarmingly, Cycling
UK say West Sussex are one of
many councils to rip out cycle lanes.
“We don’t have the capacity to challenge every decision councils make
which we don’t agree with. But, in the last 18 months, too many councils have
removed cycle lanes and other active travel schemes without allowing them
time to bed in, without adequate evaluation, and with scant regard to the
relevant statutory guidance. The decision in Shoreham was a classic example of
this, so we took this case to court to shine a light on this issue, and to send
a message to other councils.”
This begs the question, if councils are in breach of government statutory guidance, why is it not the government bringing councils to book. Why do they leave it to Cycling UK?
