OneChiswick Formally End Legal Challenge To Cycleway
Group reserving right to return to courts on amended scheme
Work has already begun on amended Cycleway under new traffic order
The legal challenge in respect of the temporary cycleway scheme on Chiswick High Road has now been withdrawn by OneChiswick Ltd.
The campaign group had launched a crowdfunding appeal to support a Judicial Review into the original Experimental Traffic Order (ETO) issued by Hounslow Council in 2020 to enable the Temporary Cycleway 9. The basis for the legal challenge was alleged safety concerns and a failure to consider the needs of the elderly, disabled and the visually impaired.
In July of this year Hounslow Council resolved to replace the Order with a new Traffic Order (“ETO2021”) and construction based on that new ETO has already.
OneChiswick says that the new scheme has substantial modifications which reflect its concerns but that it fails to reflect issues raised during a consultation into the needs of those with 'protected characteristics' and that the council is failing to meet its Public Sector Equality Duty (PSED) which is a statutory obligation.
Although, OneChiswick still considers the new traffic order to be legally deficient it is not known at this stage whether they will launch a new challenge in the courts. There has been some speculation that its funds have been depleted by the original case and it has insufficient resources for another Judicial Review.
It said in a statement, " OneChiswick Ltd is now studying the detail and lawfulness of the new ETO2021 and related decisions issued in November as it considers its next steps.
"OneChiswick Ltd will continue to apply the resources that it has to campaign against road changes that are divisive, damaging, and in some instances dangerous, to Chiswick residents, to Chiswick High Road and in the wider Chiswick area - especially on behalf of the most vulnerable groups in the community. OneChiswick thanks all of those who have given so much help in the form of active volunteering, generous donations and moral support to its hard fought campaign."
Michael Robinson, co-ordinator, Hounslow Cycling, borough group of London Cycling Campaign said, “Hounslow Cycling welcomes the withdrawal of the Judicial Review action by OneChiswick Ltd. This campaign has wasted taxpayers' money and officers' time that could have been better spent improving road safety. The numbers of people choosing to cycle on Cycleway 9 speaks louder than legal threats, since every day many more people use the cycle lanes than ever contributed to OneChiswick Ltd fundraising.
"With the upgrade of Cycleway 9 along Chiswick High Road, and its extension east to Hammersmith and west to Hounslow, Cycleway 9 will link town centres across West London for people who wish to travel in safety, whether they are commuting, shopping, going to school, or simply out for a ride - all while not contributing to air pollution and damaging climate change.
"We hope that our local politicians will now accept that the bike lane is here to stay, and begin work to end the divisiveness of the last four years.”
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December 5, 2021