APPEALED: TfL appeals against ‘unlawful’ Streetspace Plan ruling won by taxi groups UTAG and LTDA
Transport for London (TfL) have filed an appeal against the High Court’s landmark judgment which described the capital’s Streetspace Plan as “unlawful”.
According to a taxi driver representative group, United Trade Action Group (UTAG), the capital’s transport authority has appealed against the High Court decision. In a tweet released this morning, Wednesday 10 February, UTAG said: “TfL have appealed and we now await a decision from the Appeals Court to see if permission is granted.
”We cannot add anything further at this stage, but will update when we can.”
The High Court ruled on 21 January that the Mayor of London and Transport for London (TfL) “acted unlawfully” in their treatment of licensed taxis, in the Streetspace for London Plan and associated Guidance and the A10 Bishopsgate Traffic Order.
The landmark judgement followed a judicial review mounted by the London taxi trade, challenging the Mayor and TfL’s Plan, associated Guidance issued to London Boroughs and the Order concerning a specific Streetspace scheme, the A10 Bishopsgate Corridor in the City of London, which removed taxi access to a key arterial route.
The Court ordered that the Streetspace Plan, Interim Guidance to Boroughs and the A10 Bishopsgate Traffic Order be quashed, following the judgement.
Speaking to TaxiPoint, a TfL spokesperson said: “We were very disappointed with the court’s decision and have applied for permission to appeal this judgment. Helping the capital to get through, and recover from, the coronavirus pandemic has always been at the heart of our plans for walking and cycling. Temporary schemes continue to enable safer essential journeys for thousands of Londoners who need to travel during this exceptionally challenging time.
“We recognise how important it is for our schemes to work for the communities they serve, including people who use taxis, and we will continue to deliver schemes to reflect the changing coronavirus situation.”
In the case, heard at the High Court’s Planning Court on 25 and 26 November 2020, Senior High Court Judge, Mrs Justice Lang DBE found overwhelmingly for the Claimant taxi trade bodies, United Trade Action Group (UTAG) and the Licensed Taxi Drivers Association (LTDA). The case succeeded on four of the five grounds advanced on behalf of the taxi trade:
In the Streetspace Plan and subsequent Guidance, the Mayor and TfL respectively failed to distinguish the special status of taxis from “general traffic”, neither taking into account the distinct status of taxis as a form of public transport nor the travel needs of those who rely on accessible taxis.
The Mayor and TfL failed to have proper regard to their Public Sector Equality Duties under Section 149 of the Equalities Act 2010.
The Plan, Guidance and the A10 Order unlawfully breached licensed taxi drivers’ “legitimate expectation” of being permitted to use bus lanes to ply for hire effectively as a vital part of London’s integrated public transport network.
The treatment of taxis in the Plan, Guidance and the Order and the decisions to exclude them were “seriously flawed” and “irrational”.
In the lengthy and detailed judgement, Mrs Justice Lang underlined a series of failings by TfL and the Mayor, describing their decision-making process as “seriously flawed”, with the decision to exclude taxis being based on “superficial” and “inadequate evidence”.
For a more in-depth look at the 21 January’s ruling, read: TAXI WIN: High Court rules Mayor and TfL’s Streetspace Plan and Bishopsgate Traffic Order “unlawful”
