High Court Judge Declares Six Croydon Low Traffic Neighbourhoods Unlawful
A High Court judge has ruled that six low traffic neighbourhoods (LTNs) in south London were unlawfully created, with the primary motive being to draw millions of pounds in fines from motorists rather than to achieve legitimate traffic management objectives.
Council Accused of Using LTNs as a 'Fat Cash Cow'
Croydon Council, which has declared effective bankruptcy three times since 2020, faced accusations of deploying the LTNs as a 'fat cash cow' to plug its severe financial deficits. On Wednesday, Mr Justice Pepperall concluded that the local authority leveraged the 'relatively modest' benefits of the LTNs to justify the 'enormous revenue' anticipated from penalty charges.
The LTNs were initially trialled by Croydon Council in 2020 and were made permanent four years later. These schemes aim to reduce traffic in residential areas through the use of cameras, planters, or lockable bollards.
Judicial Review Reveals Financial Motives
Local residents who opposed the schemes initiated a judicial review, arguing that the council's intent was driven by projections of over £10 million in fines. In his 34-page judgment, Mr Justice Pepperall stated: 'I am satisfied, on the balance of probabilities, that the dominant purpose for these [traffic] orders making the schemes permanent was the need to safeguard the revenue raised by enforcement. Such purpose was unlawful, and I therefore quash the orders.'
The judge also highlighted the shifting stance of Conservative mayor Jason Perry, who had criticised the LTNs while in opposition, pledging to remove them on his first day in office. However, following his election in May 2022, budgetary considerations led to a change in position. The judgment noted that Mr Perry 'didn't think he was in a position to remove the schemes because the previous administration had predicated their budgets on assumed income from the schemes.'
Campaigners Demand Refunds and Transparency
In response to the ruling, campaign group Open Our Roads (OOR), which brought the case, is calling for the immediate removal of the LTNs and the refund of all fines issued under the quashed orders. A spokesperson emphasised: 'This judgment confirms that local authorities must act lawfully and for the purposes Parliament intended. Residents deserve transparency and decisions based on evidence, not financial necessity.'
Mr Perry later clarified his position, stating: 'I did not at any point say that I would remove all the [LTNs] because I just knew it was not a pledge that I could uphold... any future schemes coming forward should not be based on fining residents in order to achieve it.'
A spokesperson for Croydon Council said 'the council is considering its position' following the court's decision, leaving the future of the LTNs and potential refunds uncertain.
