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Green roads council becomes first to be taken to court as campaigners say they acted illegally

LTN's have been implemented across London boroughs
LTN's have been implemented across London boroughs

Campaigners fighting “illegal” road closures have become the first group to win the right to take their local council to high court.

Residents in Ealing, West London, claim their local authority has breached planning regulations by installing a series of planters and bollards without properly consulting residents, businesses, disability groups and emergency services.

Last month, the group submitted a dossier to a judge claiming five so called ‘Emergency Traffic Orders’ (ETOs) - the regulations used by town hall bosses to rush through road closures - were lodged wrongly by Ealing Council.

The court papers, seen by the Sunday Telegraph, claim one so-called Emergency Traffic Order even gave the wrong name of a street where work was to be carried out.

Last week, Mr Justice Holgate, the planning liaison judge, ruled the group’s five claims against the council “will be tried together at a single hearing”. A date for the case has yet to be set.

The court ruling comes after police were called when residents tried unsuccessfully to stop council workers closing a road in the borough, despite it being one of those listed on the court papers.

Lorna O’Driscoll of Ealing Residents Against Low Traffic Neighbourhoods welcomed the court’s decision to hear their case.

“We are delighted a judge has ruled that there will be a hearing on this issue,” she said. “In spite of filing our five submissions to the high court, the council continues to plough on with what we say are illegal road closures.

“This comes after Grant Shapps, the transport secretary, urged councils to work with local residents. With regard to the court case, we wish the council would stop using public money to fight their own public. All we want is the council to hold a proper consultation: to speak to the public, local elderly and disabled people, as well as the emergency services who are concerned road closures are slowing 999 response times.”

With-in just hours of launching an online crowdfunding page to help pay for their legal battle, Ealing residents contributed more than £12,000.

A spokeswoman for Ealing Council said: “The council has received the Court Order relating to the applications for judicial review in regards to the implementation of five Emergency Traffic Regulation Orders to trial low traffic neighbourhood schemes. We have taken legal advice and will be defending our position throughout these proceedings."

Campaigners in Croydon and Lambeth, among others, are also filing papers with the high court to try to stop their town hall bosses from closing roads, creating new cycle lanes or widening pavements without adequate public consultation.

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