Residents Act to Prevent 'Illegal' Barriers Being Installed
Council abandons Loveday Road LTN implementation to check law
Lorry on Culmington Road arriving with planters. Picture: Lorna O'Driscoll/Facebook
A group of residents have prevented contractors working on behalf on Ealing Council installing the latest set of barriers for another Low Traffic Neighbourhood Scheme (LTN).
Five barriers were due to be installed as part of the Loveday Road LTN this Monday morning (28 September) but lorry drivers bringing the planters to make the barriers were told that the scheme was illegal. The residents said they would be prepared to call the police if necessary and showed the contractors papers with the legal arguments against the validity of the order.
In what local campaigner Arthur Breens describes as ‘very clever legal machinations’, opponents of the scheme are claiming that the council are required to put a notice in a published print newspaper to give seven days warning of a road closure. They say there were errors in the notice published by the council for the Loveday Road LTN, and having taken legal advice, they have written to the council informing them that in their opinion they believe the schemes cannot be legally implemented. Previously the council has claimed that certain requirement of the legislation covering Experimental Traffic Orders (ETOs) under which this scheme is being implemented, could be waived because this was an emergency situation.
The council abandoned the attempt to install the barriers this Monday and told residents that they would check the validity of the orders with their legal department.
The campaigners now believe that it will be impossible for the council to install the barriers for at least a week because they say they will have to publish a revised notice in The Gazette giving a week’s notice.
They say this also raises the question of whether the LTN can be implemented at all because council leader Julian Bell has said in the past that it was a requirement for them to be in place by the end of September.
A council spokesperson said: “There are clearly many strong views on low traffic neighbourhoods held by residents on both sides and we would urge local people to have patience throughout this ongoing process. This project is about engaging with the whole community and we are seeking the views of everyone throughout the trial period.
“Whilst we understand that feelings may be strong and some residents have expressed dislike of these trial LTNs, but we would discourage this action taken some residents in this particular case. We would ask residents to allow our contractors to carry out their work.
“We have a decision-making process that encourages real-time feedback during the trial and a consultation to help decide whether each LTN will become permanent. We encourage everyone to have their say.
“LTNs aim to reduce non-local traffic and stop rat-running. Given the climate emergency, it is vital that we act now to create a borough that is easier and safer for people to walk, cycle, and scoot instead of relying on vehicles to make short journeys. Trial LTNs are being implemented in line with emergency statutory guidance issued to us by the government to reduce through traffic and create safer spaces for walking and cycling.”
Residents can visit the low traffic neighbourhoods' page of the council’s website for further information on the schemes.
Residents can email feedback to TrafficNotices@ealing.gov.uk, or post them to the Highways Service, Perceval House, 14-16 Uxbridge Road, W5 2HL, quoting reference ORD XXX.
An online petition against LTNs in Ealing has been signed by over 8,000 people. A counter petition in support of the new schemes has, at the time of writing, over 500 signatures.
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October 1, 2020
