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TFL APPEAL DATE SET: Taxi industry set to go again with transport regulator over Bishopsgate access
Updated: Apr 21, 2021
Transport for London’s (TfL) appeal against a High Court judgment which described the capital’s Streetspace Plan as “unlawful” will start on 15 June according to trade sources.
The appeal relates to a High Court judgment on 21 January ruling 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 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: “Ladies and Gentlemen. We now have a court date for TfL’s appeal regarding the Bishopsgate Bus Gate.
“The court date is 15th June and we will be defending our High Court win in the most robust way allowed. We will not allow this to go undefended. Support UTAG as always.”
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”.
Steve McNamara, LTDA General Secretary, said in a recent TAXI Newspaper: “It is important to remember that the Mayor and TfL haven’t won anything here, they are just being allowed to appeal. It will now be down to them to make their case, which they didn’t do very well last time. Plus, we still have a strong case of our own. The Judge has asked that proceedings are expedited in view of the important issues at hand, but they said that last time, and it still took months to actually make it to court.
“Since I heard the Judge's order, I have had Winston Churchill’s voice playing in my head. I want to assure you that we will continue to fight TfL and the Mayor’s efforts to overturn this important verdict and any other damaging schemes, with everything we’ve got. We will fight them on the bus-only corridors, we will fight them on the banned turns, and we will fight them on the road closures.
“No doubt this will spur on some councils’ efforts to restrict our access, particularly those like Camden, who have never been willing to compromise. However, many other Boroughs have already seen sense. These councils have recognised the important role taxis play and factored us into their plans by removing barriers, switching to ANPR, and creating exemptions for taxis. I don’t think this will change, whatever happens with the appeal.”
