Summary
A statutory review of a traffic management order is confined to public-law grounds. It does not permit the court to reconsider the merits of the parking policy. Where statutory consultation has been lawfully undertaken, a wider common-law consultation duty generally requires a clear promise or established practice. A legitimate expectation based on a promised procedure requires a clear, unambiguous and unqualified representation, proved objectively. The public sector equality duty is procedural: the decision-maker must be properly and conscientiously informed about the statutory criteria before deciding, but the duty does not require a particular outcome. A local authority may balance the needs of residents and non-residents and reach a polycentric parking decision, provided its reasoning is rational and the statutory duties are discharged.
Factual background
The claimants, trustees of a Gurdwara in Queensdale Road, sought statutory review under paragraph 35 of Schedule 9 to the Road Traffic Regulation Act 1984. They challenged the Council’s Traffic Management Order extending residents’ parking controls into weekday evenings and weekends.
The pleaded grounds were failure to consult, breach of a legitimate expectation of further consultation, breach of the public sector equality duty under section 149 of the Equality Act 2010, and irrationality. At the hearing, the claimants accepted that the statutory consultation was lawful and relied principally on the alleged promise of further consultation, the equality duty and irrationality. The central questions were whether the Council had lawfully proceeded to make the Order and whether its assessment of worshippers, residents, disability, age and available parking was legally sufficient.
Held
- Outcome. The statutory review claim was dismissed. The court had jurisdiction to review legality, but not the merits of the Council’s parking decision.
- Consultation. The statutory consultation complied with the applicable procedure. Given that conclusion, there was limited scope for a wider common-law consultation duty absent a clear promise or established practice. The Council had a broad discretion over the form and content of consultation. The information supplied about places of worship and affected services was not so inadequate or unfair as to make the consultation unlawful. The test was whether anything had gone clearly and radically wrong.
- Legitimate expectation. The claimants failed to prove a clear, unambiguous and unqualified promise that no decision would be made until they had been consulted further at a meeting. The contemporaneous notes showed only that the Council would consider the issues further and explore possible compromises. Later emails proposing meetings did not establish an existing moratorium or promise. The claimants’ delay in offering dates also undermined the asserted unfairness.
- Public sector equality duty. The Council’s report and Equality Impact Analysis showed a proper and conscientious focus on age, disability and religion. It was not necessary to identify the precise number of elderly or disabled worshippers. The Council was entitled to regard the available information as sufficient, to take residents’ needs into account, and to decide that further blue-badge provision could be discussed after the decision.
- Irrationality. The Council was entitled to treat an approximately 80 per cent occupancy rate and significant non-resident parking as evidence supporting extended controls. It rationally prioritised residents’ parking needs over those of non-residents. Disagreement with that policy judgment did not establish irrationality.
The claim was dismissed.
The court’s approach to earlier authorities
Available to signed-in members.
Key cases cited
The 30 most senior of 31 authorities cited.
- Francis Paponette and others v The Attorney General of Trinidad and Tobago (Trinidad and Tobago) [2010] UKPC 32
- R (on the application of Bancoult) Respondent v Secretary of State for Foreign and Commonwealth Affairs (Appellant) [2008] UKHL 61
- Ward & Ors, R (on the application of) v The London Borough of Hillingdon & Ors [2019] EWCA Civ 692
- Unison, R (On the Application Of) v The Lord Chancellor [2015] EWCA Civ 935
- Stuart Bracking & Ors v Secretary of State for Work and Pensions [2013] EWCA Civ 1345
- Bailey & Ors, R (on the application of) v London Borough of Brent Council & Ors [2011] EWCA Civ 1586
- Domb & Ors, R (on the application of) v London Borough of Hammersmith and Fulham & Ors [2009] EWCA Civ 941
- Baker & Ors, R (on the application of) v Secretary of State for Communities & Local Government & Ors [2008] EWCA Civ 141
- Bapio Action Ltd & Anor, R (on the application of) v Secretary of State for the Home Department & Anor [2007] EWCA Civ 1139
- Secretary of State for Defence v Elias [2006] EWCA Civ 1293
- Abdi v Secretary of State for the Home Department [2005] EWCA Civ 1363
- National Association of Health Stores & Anor, R (on the application of) v Department of Health [2005] EWCA Civ 154
- Association of British Civilian Internees - Far Eastern Region v Secretary of State for Defence [2003] EWCA Civ 473
- R v Falmouth and Truro Port Health Authority, Ex p South West Water Ltd [2001] QB 445
- R v North and East Devon Health Authority, Ex p Coughlan [1999] EWCA Civ 1871
- Moore & Anor v Secretary of State for Communities And Local Government [2015] EWHC 44 (Admin)
- Hamnett v Essex County Council [2014] EWHC 246 (Admin)
- Hurley and Moore, R (on the application of) v Secretary of State for Business Innovation & Skills [2012] EWHC 201 (Admin)
- JM & NT, R (on the application of) v Isle of Wight Council [2011] EWHC 2911 (Admin)
- Meany & Ors, R (on the application of) v Harlow District Council [2009] EWHC 559 (Admin)
- Brown, R (on the application of) v Secretary of State for Work and Pensions [2008] EWHC 3158 (Admin)
- Kaur & Shah, R (on the application of) v London Borough of Ealing & Anor [2008] EWHC 2062 (Admin)
- R (Hillingdon LBC) v Lord Chancellor [2008] EWHC 2684 (QB)
- R(on the application of Greenpeace Limited) v Secretary of State for Trade and Industry [2007] EWHC 311
- R v Devon County Council, Ex p Baker [1995] 1 All ER 73
- R v Inland Revenue Comrs, Ex p MFK Underwriting Agents Ltd [1990] 1 WLR 1545
- Attorney-General of Hong Kong v Ng Yuen Shiu [1983] 2 AC 629
- R v Secretary of State for the Environment, Ex parte Powis (Powis, Ex parte) [1981] 1 WLR 584
- Seddon Properties v Secretary of State for the Environment (1981) 42 P & CR 26
- R v Board of Visitors of Hull Prison, Ex parte St Germain (No 2) (St Germain, Ex parte) [1979] 1 WLR 1401
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Cases citing this case
3 later cases · 2 positive · 1 caution
Most senior citing decisions:
- West Dulwich Service Station Limited on behalf of West Dulwich Action Group v The London Borough of Lambeth [2025] EWHC 1111 (Admin) explained
- LJ Fairburn & Son Ltd & Ors, R (on the application of) v Secretary of State for Environment Food and Rural Affairs [2024] EWHC 65 (Admin) applied
- E.ON Next Energy Limited, R (on the application of) v The Gas and Electricity Markets Authority [2023] EWHC 2891 (Admin) applied
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