If you look at the detail, this decision by Justice Lang is a rather strange one. In introducing the initiative, the government made the position on consultation quite clear: for experimental schemes, which is what the Covid-specific ones are, "these are used to trial schemes that may then be made permanent. Authorities must put in place monitoring arrangements, and carry out ongoing consultation once the measure is built. Although the initial implementation period can be quick, local residents and businesses should still be given an opportunity to comment on proposed changes, and the need for extra monitoring and consultation afterwards can make them a more onerous process overall." (https://www.gov.uk/government/publications/reallocating-road-space-in-response-to-covid-19-statutory-guidance-for-local-authorities/traffic-management-act-2004-network-management-in-response-to-covid-19).Lang's argument was the claim that the introduction of road closures in the capital was based on guidance that was “seriously flawed," should be reconsidered and “substantially amended.” Furthermore, they were, she claimed, “not a rational response to the issues which arose as a result of the Covid-19 pandemic”.The strange part of this argument was that "the scale and ambition of the proposals, and the manner in which they were described, strongly suggest that the Mayor and TfL intended that these schemes would become permanent, once the temporary orders expired." So the schemes were ruled illegal on the basis that they might not be temporary but might be made permanent - despite TfL having made it perfectly clear that the schemes were temporary because of the Covid crisis.Now I'm not a lawyer, but ruling something illegal on the basis that it might take place seems a very dodgy argument indeed. You might as well argue that someone should be locked up not because they actually had committed a crime but might merely do so at some indeterminate point in the future.This will obviously go to appeal, so I don't think the whining taxi drivers should celebrate too much.
Richard Carter ● 1895d