Six low traffic neighbourhoods in south London have been ruled ‘unlawful’ by a High Court judge as they were illegally created to draw millions of pounds in fines from motorists.
Croydon Council, which has declared effective bankruptcy three times since 2020, has been accused of using the low traffic neighbourhoods (LTNs) as a ‘fat cash cow’ to plug their financial black hole.
On Wednesday, Mr Justice Pepperall concluded the local authority used the ‘relatively modest’ benefits of LTNs to justify the ‘enormous revenue’ it would make in fines.
The LTNs were first trialled by Croydon Council in 2020, and were permanently put in place four years later. They aim to reduce traffic in residential areas by using cameras, planters or lockable bollards.
However, local residents who opposed the illegal schemes brought forth a judicial review on them, stating the council wanted LTNs because they were projected to bring in more than £10million in fines.
Mr Justice Pepperall quashed the legal orders that Croydon Council had implemented to make the LTNs permanent.
In his 34-page judgment, he said: ‘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.’
He also cited how Conservative mayor of Croydon, Jason Perry, criticised the schemes while in opposition, stating he wished to remove all LTNs on his first day in office.
Six low traffic neighbourhoods illegally created by Croydon Council (pictured) have been ruled ‘unlawful’ by a High Court judge
Following the ruling, Campaign group Open Our Roads (OOR) has said Croydon Council should remove the LTNs and refund all motorists who were fined
However, following his May 2022 election, the judge wrote that Mr Perry’s stance changed due to budgetary considerations.
The court judgment said 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’.
Mr Perry later said: ‘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.’
Campaigners who welcomed the ruling are now calling on Croydon Council to refund the millions of pounds it took in fines from the illegal schemes.
Alongside demanding a suspension of schemes, Open Our Roads (OOR) – the campaign group that brought the case – is calling on Croydon Council to ‘set out a clear process for refunding fines issued under quashed orders’ and to ‘reassure residents who received penalties while the council acted outside lawful powers’.
A spokesperson said: ‘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.’
A spokesperson for Croydon Council said: ‘The council is considering its position.’
