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Sadiq Khan vows to extend plans to encourage cycling after landmark court judgment

The Streetspace scheme in Bishopsgate  (Getty)
The Streetspace scheme in Bishopsgate (Getty)

Sadiq Khan has vowed to press ahead with “bold measures” to encourage walking and cycling after securing a landmark court victory over a “pop-up” scheme introduced at the start of the pandemic.

The Court of Appeal on Wednesday overturned a High Court decision from January that Transport for London’s “Streetspace” scheme in Bishopsgate, which banned black taxis from several streets during weekdays, was illegal.

The ruling gives the green light to TfL to continue the city-wide roll-out of wider pavements, segregated cycle lanes and restrictions on through traffic as its Streetspace plan and guidance to the 33 boroughs now remains valid.

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A total of 89 low-traffic neighbourhoods, 181 pedestrian schemes in town centres and 62 miles of cycle routes were built in London last year.

Transport Secretary Grant Shapps has told TfL to spend at least £100m on “healthy streets and active travel programmes” this year as part of its latest Government bailout.

Mr Khan, who chairs TfL, said: “This decision from the Court of Appeal is a vindication of our policies.

Sadiq Khan (PA)
Sadiq Khan (PA)

“Our world-leading Streetspace schemes are helping protect the health of Londoners, and this decision reinforces my determination to make it safer and easier for Londoners to walk and cycle, and to help ensure a green and sustainable recovery from the pandemic.

“The judges’ decision today, along with the vote from Londoners on May 6, is a double mandate allowing us to continue with our bold measures.”

TfL has since updated its guidance to boroughs, meaning greater consultation is likely before schemes are introduced.

However, TfL chiefs remain concerned at the number of Londoners getting back in their cars – this increased from 37 per cent to 43 per cent of journeys in 2020 as people shunned public transport.

The Court of Appeal had been told the Bishopsgate scheme had been introduced by TfL last July to create more space for buses, pedestrians and cyclists “in response to immediate public health imperatives” and to avoid “large-scale” illness and deaths from Covid.

But the scheme had been challenged by organisations representing the black cab trade as cabbies were banned from some bus lanes – which now face hefty legal costs as a result of the defeat.

Handing down the court’s decision yesterday afternoon, Lord Justice Bean said the full judgement would follow later. He said an appeal by cabbies to the Supreme Court was not encouraged.

He said: “Our decision is that we will allow the appeal and set aside the judge’s grant of judicial review in respect of both the plan and guidance, and the A10 order, and set aside orders quashing the plan, the guidance and the A10 order.

“For the avoidance of doubt, any application by the claimants for permission to appeal to the Supreme Court – we are not encouraging it – if any such application is to be made, time for it will run from the date we give our reasons.

A spokeswoman for the Licensed Taxi Drivers’ Association (LTDA) said: “We are extremely disappointed with this outcome. It is hard to see how such a convincing judgement from a senior High Court judge could be overturned in this way and we do not believe that justice has been served. The court did grant us permission to appeal to the Supreme Court and we will now be discussing next steps with our legal team.

“Regardless of yesterday’s decision, since the original judgement found the Streetspace plan and A10 Bishopsgate scheme unlawful, many councils across London have looked again at their schemes and have already done the right thing and given licensed taxis the access required to serve communities effectively, particularly those passengers requiring a door-to-door, accessible service, including disabled and elderly people.

“We will continue to assert our status as a key part of the public transport system and to push for the access London’s black cab drivers need to keep providing the high quality, reliable service they are world renowned for.”

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