CUK protesting removal of cycle lane

tatanab
Posts: 5033
Joined: 8 Feb 2007, 12:37pm

CUK protesting removal of cycle lane

Post by tatanab »

Today I recieved an email asking for donations
Who would rip out a well-used cycle lane, popular with children riding to school, when all the facts supported keeping it?

The answer is West Sussex County Council, who took the government’s money, installed a temporary cycle lane in Shoreham, ignored the evidence that it was working, but still decided to remove it five weeks later.

We were outraged, and we’re challenging this in the High Court – but we need your help.
The attached photographs are of a lane that is probably not more than 24" wide including the gutter. Barely suitable for the school children pictured using it at 5mph, and totally unsuitable for the wider range of pedal cycles available. For example, if somebody were to ride a tricycle or tow a trailer along that road, they would be "forced" to ride outside the cycle lane and fully in the narrow motoring lane.

Should they not be protesting that such a totally inadequate facility was installed in the first place?
thirdcrank
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Joined: 9 Jan 2007, 2:44pm

Re: CUK protesting removal of cycle lane

Post by thirdcrank »

How many communications officers does it take ...............................?
Jdsk
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Joined: 5 Mar 2019, 5:42pm

Re: CUK protesting removal of cycle lane

Post by Jdsk »

tatanab wrote:Should they not be protesting that such a totally inadequate facility was installed in the first place?

It's an application for judicial review. The chance of success probably isn't very high, but it's a lot higher than a challenge on the original design.

https://www.cyclinguk.org/press-release/cycling-uk-takes-council-court-irrational-and-unlawful-removal-cycle-lane

Jonathan
Psamathe
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Joined: 10 Jan 2014, 8:56pm

Re: CUK protesting removal of cycle lane

Post by Psamathe »

Jdsk wrote:
tatanab wrote:Should they not be protesting that such a totally inadequate facility was installed in the first place?

It's an application for judicial review. The chance of success probably isn't very high, but it's a lot higher than a challenge on the original design.

https://www.cyclinguk.org/press-release/cycling-uk-takes-council-court-irrational-and-unlawful-removal-cycle-lane

Jonathan

Given the costs for Judicial Review (never tried one personally, but "I gather") I wonder if CUK would actually go to such a process and are rather hoping that the initial stages (notifying the other parties, etc.) will prompt a rethink. But from the CUK web page I can't see they have made any formal case direct to the Council - which I'd expect before leaping straight to a Judicial Review.

e.g. Kensington are reconsidering their removal of the £300,000 cycle lane 17 March (few days time). Threatened with the costs of a Judicial Review I'd expect the Council to at least carry out some form of review of its decision.

No idea about Judicial Review but e.g. County Courts take a dim view of things when parties have not even tried to resolve the issue out of court (e.g. mediation). In a case I took to County Court I was told that if you don't try to resolve out of court it does not affect who wins the case but can affect any award and is likely to affect the award of costs (but that's just my personal experience).

Ian
Jdsk
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Joined: 5 Mar 2019, 5:42pm

Re: CUK protesting removal of cycle lane

Post by Jdsk »

Psamathe wrote:
Jdsk wrote:
tatanab wrote:Should they not be protesting that such a totally inadequate facility was installed in the first place?

It's an application for judicial review. The chance of success probably isn't very high, but it's a lot higher than a challenge on the original design.

https://www.cyclinguk.org/press-release/cycling-uk-takes-council-court-irrational-and-unlawful-removal-cycle-lane

Given the costs for Judicial Review (never tried one personally, but "I gather") I wonder if CUK would actually go to such a process and are rather hoping that the initial stages (notifying the other parties, etc.) will prompt a rethink.

I'm sure that's right. I've sponsored quite a lot recently... never expected that that would be the case.

Jonathan
Jdsk
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Joined: 5 Mar 2019, 5:42pm

Re: CUK protesting removal of cycle lane

Post by Jdsk »

Psamathe wrote:But from the CUK web page I can't see they have made any formal case direct to the Council - which I'd expect before leaping straight to a Judicial Review.

...

No idea about Judicial Review but e.g. County Courts take a dim view of things when parties have not even tried to resolve the issue out of court (e.g. mediation). In a case I took to County Court I was told that if you don't try to resolve out of court it does not affect who wins the case but can affect any award and is likely to affect the award of costs (but that's just my personal experience).

That's good practice for disputes, and mostly true psychologically as well as judicially.

But judicial review isn't a dispute between parties in the same way, and I don't think that I've ever seen criticism for not attempting mediation or arbitration.

Jonathan

PS: Not surprisingly this government is sniffing around limiting the availability of judicial review.
cycle tramp
Posts: 3531
Joined: 5 Aug 2009, 7:22pm

Re: CUK protesting removal of cycle lane

Post by cycle tramp »

tatanab wrote:Today I recieved an email asking for donations
Who would rip out a well-used cycle lane, popular with children riding to school, when all the facts supported keeping it?

The answer is West Sussex County Council, who took the government’s money, installed a temporary cycle lane in Shoreham, ignored the evidence that it was working, but still decided to remove it five weeks later.

We were outraged, and we’re challenging this in the High Court – but we need your help.
The attached photographs are of a lane that is probably not more than 24" wide including the gutter. Barely suitable for the school children pictured using it at 5mph, and totally unsuitable for the wider range of pedal cycles available. For example, if somebody were to ride a tricycle or tow a trailer along that road, they would be "forced" to ride outside the cycle lane and fully in the narrow motoring lane.


Cool! Thanks for the update. I understand that it's not the greatest cycle path in the world, but I suspect that this is about the principle of the thing. Cyclist Defence Fund, a cheque is on it's way to you....
Motorhead: god was never on your sidehttps://www.google.com/search?ie=UTF-8&client=m ... +your+side
ratherbeintobago
Posts: 974
Joined: 5 Dec 2010, 6:31pm

Re: CUK protesting removal of cycle lane

Post by ratherbeintobago »

Psamathe wrote:Given the costs for Judicial Review (never tried one personally, but "I gather") I wonder if CUK would actually go to such a process and are rather hoping that the initial stages (notifying the other parties, etc.) will prompt a rethink. But from the CUK web page I can't see they have made any formal case direct to the Council - which I'd expect before leaping straight to a Judicial Review.

e.g. Kensington are reconsidering their removal of the £300,000 cycle lane 17 March (few days time). Threatened with the costs of a Judicial Review I'd expect the Council to at least carry out some form of review of its decision.

No idea about Judicial Review but e.g. County Courts take a dim view of things when parties have not even tried to resolve the issue out of court (e.g. mediation). In a case I took to County Court I was told that if you don't try to resolve out of court it does not affect who wins the case but can affect any award and is likely to affect the award of costs (but that's just my personal experience).

Ian


IANAL, but I thought that judicial review looks at the process rather than the outcome, so it won’t force reinstatement of the lane, but can examine whether the Council followed the correct process in making the decision to do so.

It would be interesting to see what happens with RBKC in light of the outcome in Sussex, and similarly whether the Mayor of London/TFL takes over High St Ken as a strategic route, after the mayoral elections.
Jdsk
Posts: 24627
Joined: 5 Mar 2019, 5:42pm

Re: CUK protesting removal of cycle lane

Post by Jdsk »

ratherbeintobago wrote:... but I thought that judicial review looks at the process rather than the outcome, so it won’t force reinstatement of the lane, but can examine whether the Council followed the correct process in making the decision to do so.

Sort of:
https://en.wikipedia.org/wiki/Judicial_review
https://en.wikipedia.org/wiki/Judicial_review_in_English_law
https://www.judiciary.uk/you-and-the-judiciary/judicial-review/

And the bar of Wednesbury unreasonableness is very high:
https://en.wikipedia.org/wiki/Associated_Provincial_Picture_Houses_Ltd_v_Wednesbury_Corp

Jonathan
Pete Owens
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Joined: 7 Jul 2008, 12:52am

Re: CUK protesting removal of cycle lane

Post by Pete Owens »

tatanab wrote:Should they not be protesting that such a totally inadequate facility was installed in the first place?


Absolutely - since becoming a charity CUK seems to be becomming more and more like Sustrans
hidaso
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Joined: 21 Mar 2021, 8:48pm
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Re: CUK protesting removal of cycle lane

Post by hidaso »

That is the problem, between doing something, but doing it wrong. The project would have more support if it had been designed thinking about the different variants of the cycling community, in a safe lane, and that it adapts to our needs.
ratherbeintobago
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Joined: 5 Dec 2010, 6:31pm

Re: CUK protesting removal of cycle lane

Post by ratherbeintobago »

Anyone know if there’s been any news on the court case?
Syd
Posts: 1230
Joined: 23 Sep 2018, 2:27pm

CUK protesting removal of cycle lane

Post by Syd »

These types of cycle lanes have popped up in a lot of places during lockdown. Unfortunately a great many have been poorly thought out and poorly implemented.

I can’t comment on the lane in question but, from photos, looks to be of a similar design to those put it locally. IMHO I’d rip the lot out as not fit for purpose.

They restrict cyclists to a very narrow strip of tarmac, which is generally littered with potholes and sunken drains, and the design prevents road sweepers clearing them of debris.in addition they are too narrow to allow a faster cyclist to pass a slower one in lane.
Last edited by Syd on 18 Jun 2021, 7:46pm, edited 1 time in total.
merseymouth
Posts: 2519
Joined: 23 Jan 2011, 11:16am

Re: CUK protesting removal of cycle lane

Post by merseymouth »

Hi, I've posted before that one of those stupid pop-up lanes nearly did for me, far too narrow for my trikes!
Made far worse by vandalism, leaving bloody dangerous bases to endanger cyclists!
The council folk are too narrow minded, and surely young, novice riders need a bit more leeway?
But it will all come down to the muscle of the motor lobby, t'was ever so since the repealing of the "Red Flag Act"! MM
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