Camden Experimental Traffic Order

R (Shah) v London Borough of Camden

This was a statutory challenge to an Experimental Traffic Order introducing pop-up cycle lanes in Camden. The cycle lanes were controversial because they removed parking, and restricted access. The case was due to be heard alongside multiple other similar challenges but settled by consent of the Council.

When making an ETO, a council is required to provide a statement setting out the reasons why they propose to make the order including the reasons for proceeding by way of experiment and a statement as to whether the authority intends to consider making an order having the same effect which is not an experimental order. Contrary to those requirements under paragraph 2(d) in Schedule 2 of the Local Authorities’ Traffic Order (Procedure) (England & Wales) Regulations 1996 the Council provided no indication as to what the experiment was and why an experimental order was justified. The Council conceded that it had not complied with the requirements of the legislation and agreed to consent to the decision being quashed by the Court and to pay our client’s costs.

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