West Sussex County Council has admitted it acted illegally when it decided to remove a cycle lane in Shoreham in November 2020.
The council’s declaration is reflected in a court order made in advance of the final hearing of Cycling UK’s judicial review, which was set to be heard in the High Court on 25 January. As part of the court order, West Sussex County Council has been instructed to contribute £25,000 to the cycling charity’s legal fees.
Duncan Dollimore, Cycling UK’s head of campaigns, said: “In Shoreham, Cycling UK has drawn a line in the sand, showing there are repercussions for councils which ignore government guidance. Hopefully West Sussex County Council’s acceptance they acted illegally will put a stop to short sighted decisions like this happening across other parts of the UK.
“This is a victory for people who want their children to travel to school in safety, for people who don’t have to breathe polluted air, and for everyone who would like healthier, safer streets where we live and work.”
The cycle lane was installed at the end of September 2020 through government funding to help more people walk and cycle during the pandemic, and was removed weeks later contrary to government guidance.
During the two months it was in place, the cycle lane was used for 30,000 cycle trips serving five schools along its length. It also featured in a government publicity video highlighting the community benefits of the new cycle lanes introduced during lockdown.
Cycling UK added it hopes the newly formed funding and inspectorate body, Active Travel England, will mean such legal challenges are no longer necessary.
Estelle Dehon, barrister at Cornerstone Barristers, who acted for Cycling UK, added: “Building on our client’s legal success, it is now time for a consistent approach to be taken across the UK, similar to that in Wales, where there is a strong obligation on all local planning authorities to promote active travel.
“Given how many deaths are caused by air pollution, and the need for the most urgent action to reduce greenhouse gas emissions, this should be a top priority.”
Since removal of the cycle lane, West Sussex County Council has made a public commitment to increase space for cycling on the A270 Upper Shoreham Road. Cycling UK urged the council to move on to delivery of this space.
