Cycleway 9 Still Legal Says Hounslow Council

Final decision in judicial review not to be made until June

One Chiswick claim bus islands cause confusion and danger

A final hearing of a legal challenge against the temporary Cycleway 9 on Chiswick High Road will take place in June, it has been confirmed.

Hounslow Council has issued a statement after a directions hearing took place in the High Court on Friday (12 February) , over the judicial review lodged by campaign group One Chiswick last year.

One Chiswick launched the legal battle as a temporary version of the cycle highway has been introduced on what was a bus lane, and has “significant differences” from the approved scheme.

But the group argues both versions were “disastrous” for the town due to the impact of traffic congestion in the area.

In opposition to C9, a statement on OneChiswick’s website explains, “People who travel by bus now have to wait for their buses in the middle of the road without shelters, with odd partial zebra crossings that straddle the cycleway, causing great confusion and danger, particularly to partially sighted people, and those who are less able to walk.

“Bus journeys are far slower than before which makes passengers more exposed to health risks, and disadvantages those who have timed-appointments, carers who cannot reach their clients within their allotted time frames, and many others whose lives and livelihoods have been substantially worsened.”

The earlier decision by Justice Lang to rule TfL’s Streetspace scheme in the City of London illegal was made in large part due to the impact it had on the disabled.

A spokesperson for Hounslow Council said, “In December 2020, temporary Cycleway 9, a segregated cycle track along Chiswick High Road, Heathfield Terrace and Wellesley Road, opened. The High Court sat today, Friday 12 February 2021, to make procedural directions regarding a legal challenge from OneChiswick Ltd.

“It claims that Hounslow Council acted unlawfully when it approved Transport for London’s proposal to install this scheme and when making two traffic orders.

“The judge has decided that the final hearing will be in June 2021.

“In the meantime, Cycleway 9 remains lawful. Transport for London and Hounslow Council remain committed to making cycling easier, safer, and more appealing in Chiswick.

“Chiswick High Road is a serious casualty hotspot for cycling that required urgent action. With social distancing requirements still in place, including on public transport, there is a significant risk that congestion levels across London will rise if trips previously made by buses or trains are instead made by car.

“To enable people who previously drove or used public transport to cycle, streets must be safe and well designed. We are listening to feedback and are continuing our review of what effect this temporary scheme and other Streetspace schemes are having on road users, residents, businesses and visitors.”

A spokesperson for OneChiswick said, "OneChiswick welcomes the progress made in regard to the claims against LBH in regard to Cycleway C9 at the procedural directions hearing at the High Court on 12 February 2021.

"OneChiswick believes the scheme that causes so much disruption and danger is unlawful and should be removed."

The Judicial Review is now due to be heard on 17/18 June. One Chiswick have launched a crowdfunding appeal to meet the resulting legal costs.

Sam Hearn, Chair of the councillors' Chiswick Transport & Traffic sub-committee said, "The Council's response to the result of the direction hearing at the High Court is typically mealy mouthed and wrong-headed. The message from the Court's direction is not that the current temporary cycle way scheme is legal but that those who implemented the scheme may have acted illegally and have a case to answer. They really must learn that when you are in a hole the best advice is that the first thing to do is simple - stop digging. Why is no mention of the four other schemes considered by the Court at the same time."

To have your say on any of Hounslow’s trial Streetspace schemes click on this link or email the transport team on traffic@hounslow.gov.uk.

Anahita Hossein-Pour - Local Democracy Reporter

February 15, 2021