TAXI ACCESS: Transport for London granted right to appeal ‘unlawful’ Streetspace judgment

Transport for London (TfL) have been granted the right to appeal against a High Court judgment which described the capital’s Streetspace Plan as “unlawful”.

The High Court originally 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 judgment followed a judicial review mounted by taxi trade bodies, United Trade Action Group (UTAG) and the Licensed Taxi Drivers' Association (LTDA). The review challenged 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 to be quashed, however today TfL were handed the right to appeal the decision according to trade sources.

A United Trade Action Group (UTAG) spokesperson said via social media: “TfL have been granted permission to appeal and we will be consulting with our legal team asap and give further updates as appropriate.”

The Licensed Taxi Drivers’ Association (LTDA) said: “We've been informed today that TfL & the Mayor have been granted permission to appeal High Court's decision on Streetspace and Bishopsgate. We will continue to strongly fight their efforts to appeal.

“We will be consulting our legal team ASAP. More updates to follow.”

A TfL spokesperson told TaxiPoint: “We are aware of the decision to grant permission to appeal the Bishopsgate Judicial Review and we will now progress with preparing for our appeal.”

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, UTAG and the LTDA.

The original case succeeded on four of the five grounds put forward 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 judgment, 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”.