A legal challenge against Cambridgeshire County Council’s decision to implement a bus gate on Mill Road bridge will be allowed to continue following a High Court ruling.
Pam Wesson, the chair of Friends of Mill Road Bridge, has taken Cambridgeshire County Council to the High Court in a bid to prevent the bus gate being installed.
The Traffic Regulation Order (TRO), voted for by councillors, would allow only buses, bicycles, taxis, Blue Badge drivers and pedestrians to cross the bridge.
There is no date set for the next hearing, which will be a statutory review, but it will decide whether the council’s decision to implement a TRO was lawful. Cambridgeshire County Council attempted to have the legal challenge struck out, but a judge has ruled that there are grounds for Ms Wesson to pursue her case
The council has said it will carry out no further work on the bridge until the case has been decided.
Ms Wesson, representing Friends of Mill Road Bridge, said she felt “very positive” about the decision allowing the case to go ahead, adding: “Being able to go forward means that the county really now has to sit up and know that we're serious and quit playing this game of we're just a bunch of malcontents grumbling. No. We have a really serious court case here”.
Ms Wesson is to challenge the council in a further hearing on the grounds of a mistake of fact as to an exemption under the Traffic Regulation Order for use of Mill Road by carers of ‘Blue Badge’ holders; a failure to carry out the council’s public sector equality duty under s149 of the Equality Act 2010; erroneously taking into account the potential to attract funding; and an allegation that the decision to make the Traffic Regulation Order was tainted by “apparent bias or predetermination”.
She added: “We want to overturn the TRO because travel constraints such as this Mill Road Bridge bus gate affect thousands of people in the whole county who have no choice but to use vehicles for transport, like me for instance – I have to move furniture from storage to shop, how would I do this on bus or bicycle? Thousands of disabled people depending on carers for travel, hundreds of traders in Cambridge, not just Mill Road.... and pushing traffic onto neighbouring roads defies common sense and prejudices thousands of more people in and out of Cambridge. And like many people, I personally don't like to be told by the county that I must ‘just get used to it’. Finally, we already consider our travel choices carefully and do not need to be told by the county how to travel responsibly. And don't get me started on threatening us with £70 penalty charge notices!”
Drivers who are not exempt would face a £70 fine for travelling through the new bus gate, which would be enforced by automatic number plate recognition cameras. A council consultation found a majority of respondents were in favour of the move to improve the environment for walking and cycling. But it has remained controversial.
A Cambridgeshire County Council spokesperson said: “On Thursday, 1 February, we attended a court hearing in London for the legal challenge to the Mill Road Traffic Regulation Order. The judge struck out one claim, two were abandoned, and the remaining grounds will be considered at a further hearing. We await details from the court as to when this will take place. It wouldn’t be appropriate to comment further until this case is determined. We will not carry out any work on Mill Road or enforce the Traffic Regulation Order until the case is fully resolved.”
A Camcycle spokesperson said: “It has been a long wait for this decision, the result of which now means an even longer wait for action on Mill Road. However, none of the issues – from road safety to air pollution to the need for a more welcoming streetscape that benefits everyone – has gone away. We urge the county council to do two things: to implement the traffic calming measures it has planned, which we understand the judge had already confirmed can go ahead, and to commit to re-submit the TRO to the highways committee for a new vote, fixing any wording issues as directed by the judge. The Mill Road community has waited long enough for improvements on this street, which are supported by a majority of residents. It’s time to start delivering the benefits.”
