“Mayor’s bold new Streetspace plan will overhaul London’s streets06 May 2020 The Mayor of London, Sadiq Khan, and TfL have today unveiled their ‘London Streetspace’ programme which will rapidly transform London’s streets to accommodate a possible ten-fold increase in cycling and five-fold increase in walking when lockdown restrictions are eased. With London’s public transport capacity potentially running at a fifth of pre-crisis levels, millions of journeys a day will need to be made by other means. If people switch only a fraction of these journeys to cars, London risks grinding to a halt, air quality will worsen, and road danger will increase. To prevent this happening, TfL will rapidly repurpose London’s streets to serve this unprecedented demand for walking and cycling in a major new strategic shift. …… TfL, working with London’s boroughs will make changes unparalleled in a city London’s size – to focus on three key areas: The rapid construction of a strategic cycling network, using temporary materials, including new routes aimed at reducing crowding on Underground and train lines, and on busy bus corridors. A complete transformation of local town centres to enable local journeys to be safely walked and cycled where possible. Wider footways on high streets will facilitate a local economic recovery, with people having space to queue for shops as well as enough space for others to safely walk past while socially distancing. Reducing traffic on residential streets, creating low-traffic neighbourhoods right across London to enable more people to walk and cycle as part of their daily routine, as has happened during lockdown. ….. The temporary schemes will be reviewed by TfL – and could become permanent.”
“When the country gets back to work, we need them to carry on cycling and to be joined by millions more. With public transport reduced, the roads in our largest cities, in particular, may not be able to cope without it. We also know that in the new world, pedestrians will need more space. Indications are that there is a significant link between COVID-19 recovery and fitness. Active travel can help us become more resilient. That is why towns and cities in the UK and around the world are making or proposing radical changes to their roads to accommodate active travel. We recognise this moment for what it is: a once in a generation opportunity to deliver a lasting transformation in how we make short journeys in our towns and cities…. ….”
“The Mayor of London, Sadiq Khan, and Transport for London (TfL) have today announced plans to transform parts of central London into one of the largest car-free zones in any capital city in the world. This is necessary to enable safe social distancing on public transport in London as lockdown restrictions are eased, and will help support increased walking and cycling and improve the city’s air quality. ….. The plans will create more space for social distancing when walking and cycling, ensuring that the people who have no choice but to return to work in central London can do so as safely as possible. Some streets will be converted to walking and cycling only, with others restricted to all traffic apart from buses, as part of the Mayor’s latest bold Streetspace measures. Streets between London Bridge and Shoreditch, Euston and Waterloo and Old Street and Holborn may be limited to buses, pedestrians and cyclists to help boost safe and sustainable travel as our city starts to gradually emerge from national Covid-19 restrictions. Access for emergency services and disabled people will be maintained, but deliveries on some streets may need to be made outside of congestion charging hours.”
“The Mayor’s Streetspace plan will transform London’s streets, by: Providing temporary cycle routes to extend the strategic cycle network, with London’s main roads repurposed for temporary cycle lanes and wider footways so that people can safely socially distance. Providing additional space for people walking and cycling in town centres and at transport hubs, including widening of footways on local high streets to enable people to queue safely for shops which will help facilitate local economic recovery. Accelerating delivery of low traffic neighbourhoods and school streets by working with boroughs to reduce through traffic on residential streets, to further enable more people to walk and cycle safely as part of their daily routine.”
“As picked up in work done in outcome planning and definition the thinking is that taxis would need to be covered by the restricted access.”
“In respect of the Bishopsgate corridor, I considered with my colleagues whether or not taxis could be excluded from the restrictions, so as to permit them to use the bus lanes on the corridor (these discussions are partially recorded in the TfL Design Log: [SM1/13] [40/1396]). However, as the contemporaneous documents show, extensive modelling was conducted in respect of the Bishopgate corridor for the previous work in December 2019. The modelling indicated that over 40% of traffic on the Bishopsgate corridor was made up of taxis: [SM1/9] [40/1353]. The design team were aware of this work and noted the potential impact of such high numbers of vehicles negatively affecting the outcomes of the project: [SM1/13] [40/1396]. In those circumstances, my view and that of my colleagues was that it was not possible to achieve the aims of the Streetspace Guidance, and the A10 Order specifically, while continuing to allow taxis to use the bus lanes on the Bishopsgate corridor. The contrary views of the taxi trade and TfL’s response to those concerns are set out in the decision documents.”
“Create bus/walk/cycle only corridor in line with Mayoral direction to create wider car-free zone in Central London.”
“The Streetspace programme presents a challenge in achieving a balance between providing more space for people walking and cycling, and access to essential traffic ….. Some traffic is essential in central London: freight, servicing, emergency services, construction Taxi, private hire and private cars enable mobility for those unable to use active modes “Active modes” means walking and cycling. 4 “PT” means public transport. or PT 4 TfL is now looking at the emerging Streetspace proposals in order to ensure we retain a viable network for essential traffic, and that access to premises is enabled at certain times of day. The focus of this deck will be [to] consider impacts on taxi and private hire services.”
“- There is a need to restrict traffic in central London in order to achieve social distancing and cycling objectives. - Taxis make up a very high proportion of the flow on some routes (including Bishopsgate) - Traffic modelling suggests that if taxis aren’t restricted, they may take up any road space created by restricting other traffic - Current feedback from the Trade includes a preference for full access for all TPH and potential options for fixed fares to mitigate impact to passengers - We are proposing to engage with the taxi trade in order to explore ways of ensuing that there is sufficient access for the trade whilst achieving the objectives of a sustainable recovery.”
“Taxis leaving the rank on Liverpool St will only be able to turn right and the left turn exception to taxis that exists now will no longer apply. … Northbound access to Liverpool St will remain unchanged, however taxis travelling southbound will not be able to travel beyond Liverpool St on Bishopsgate as a result of the bus gate – these taxis will have to U-turn if they are dropping passengers off at this location.”
“Design/Decision Assumption. Black cabs not exempted from bus gate restrictions. Reason. The Design Brief stated that the goal of this scheme is to limit traffic on Bishopsgate/Gracechurch Street ….creating a bus, walk and cycles only corridor. This forms part of the Mayor’s measures in Central London to create one of the largest car-free areas of any major city in the world. Information from City Planning suggested that taxis currently comprise just under 45% of the traffic flow on Bishopsgate. Modelling from City Planning forecast that corridor closures to all motorised traffic except buses and taxis would significantly increase corridor (black) taxi numbers as they take advantage of newly released capacity. To ensure lower traffic volumes taxis were therefore not exempted from bus gate restrictions. Action. Proceed as designed and monitor. Risk (Programme, Cost etc.). Opposition from the taxi trade may lead to legal challenges and delays”
“There is no statutory consultation required for the making of Section 14 (1) Orders in the same way that a permanent traffic order is and it is proposed that this order is made urgently on a temporary basis for purposes connected to the coronavirus, but we have taken into account the concerns raised by the LTDA, as well as the London Cab Drivers Club set out below. TfL recognise that there are some potential negative impacts around the increased time and distance, and therefore associated cost, for some journeys, but consider that there is a clear public health imperative to reduce motor traffic to be able to reallocate road space to encourage walking and cycling and to protect limited public transport capacity in the wider Central London area as described above. This has been made clear in the engagement with both the LTDA and wider taxi trade representatives that TfL has undertaken. TfL recognises that the taxi trade plays a role in providing access for some people with mobility issues. The design of the scheme carefully balances the need to reduce overall levels of motor traffic on the corridor to allow for the reallocation of space for the purposes set out in this report. However, through the use of bus gates and banned turns the proposal allows access by the taxi and private hire trades and the freight industry to the maximum number of properties on and adjacent to Bishopsgate and Gracechurch Street, in addition to providing access across and around the restricted area. Access to and from Liverpool Street station is maintained in the proposal. The hours of operation of the bus gates are selected both to provide benefits at key times of day and for driver comprehension in aligning with the hours of operation on adjacent City of London-managed streets. Buses are mass transit vehicles and they are the predominant road transport choice for commuters hence why they are being granted access. With overall levels of general traffic on the corridor low, and access maintained to the majority of the corridor for all vehicles who require access, it is expected that reassignment onto alternative routes will be minimal and this will be monitored. A monitoring strategy that will help assess the overall impacts, both the extent to which the objectives of the temporary scheme are being achieved and its wider impacts, forms part of the project. A number of variables will be monitored to understand both the qualitative and quantitative impacts of the scheme. This will, to some extent, need to use certain indicators as a proxy for interpreting the impacts on taxi passengers and drivers. Feedback from the public, businesses in the City and wider stakeholders, including the taxi and freight industry, will also be sought. …. It is considered that the project already takes into account the concerns raised by both the LTDA and the LCDC. This is reflected in the design of the proposals, and the equalities considerations pursuant to TfL’s obligations under theEquality Act 2010 as set out in the appended EqIA.”
“This acknowledges that there will be some impact on members of the public with certain protected characteristics arising from changes to bus stop locations, certain bus route stopping locations and localised access changes. Retaining as much access to premises along the corridor, both for freight and servicing and for taxi and private hire, has been a key principle from the outset of the design process. The locations of the bus gates have been considered to maintain as much accessibility as possible. Overall, it is felt that the positive impacts in terms of new pedestrian space and improvements to conditions for cyclists and bus users as a response to the public health imperatives warrant continuing with the scheme as designed.”
“141. General Transport duty (1) The Mayor shall develop and implement policies for the promotion and encouragement of safe, integrated, efficient and economic transport facilities and services to, from and within Greater London. (2) The power of the Authority under this Part shall be exercised for the purpose of securing the provision of the transport facilities and services mentioned in subsection (1) above. (3) The transport facilities and services mentioned in subsection (1) above include facilities and services for pedestrians and are – (a) those required to meet the needs of persons living or working in, or visiting, Greater London, and (b) those required for the transportation of freight.”
“16 The network management duty (1) It is the duty of a local traffic authority … (“the network management authority”) to manage their road network with a view to achieving, so far as may be reasonably practicable having regard to their other obligations, policies and objectives, the following objectives – (a) securing the expeditious movement of traffic on the authority’s road network; and (b) facilitating the expeditious movement of traffic on road networks for which another authority is the traffic authority. (2) The action which the authority may take in performing that duty includes, in particular, any action which they consider will contribute to securing – (a) the more efficient use of their road network; or (b) the avoidance, elimination or reduction of road congestion or other disruption to the movement of traffic on their road network or a road network for which another authority is the traffic authority; and may involve the exercise of any power to regulate or coordinate the uses made of any road (or part of a road) in the road network (whether or not the power was conferred on them in their capacity as a traffic authority). (3) In this Part “network management duty”, in relation to a [network management] authority, means their duty under this section.”
“(1) It shall be the duty of every strategic highways company and local authority upon whom functions are conferred by or under this Act, so to exercise the functions conferred on them by this Act as (so far as practicable having regard to the matters specified in subsection (2) below) to secure the expeditious, convenient and safe movement of vehicular and other traffic (including pedestrians) and the provision of suitable and adequate parking facilities on and off the highway or, in Scotland, the road. (2) The matters referred to in subsection (1) above as being specified in this subsection are— (a) the desirability of securing and maintaining reasonable access to premises; (b) the effect on the amenities of any locality affected and (without prejudice to the generality of this paragraph) the importance of regulating and restricting the use of roads by heavy commercial vehicles, so as to preserve or improve the amenities of the areas through which the roads run; (bb) the strategy prepared undersection 80 of the Environment Act 1995 (national air quality strategy); (c) the importance of facilitating the passage of public service vehicles and of securing the safety and convenience of persons using or desiring to use such vehicles; and (d) any other matters appearing to the strategic highways company or the local authority to be relevant.”
“It is for the courts … to decide what is a relevant consideration. If the decision maker wrongly takes the view that some consideration is not relevant, and therefore has no regard to it, his decision cannot stand and he must be required to think again. But it is entirely for the decision maker to attribute to the relevant considerations such weight as he thinks fit, and the court will not interfere unless he has acted unreasonably in the Wednesbury sense”
“What has to be emphasised is that it is only when the statute expressly or impliedly identifies considerations required to be taken into account by the authority as a matter of legal obligation that the court holds a decision invalid on the ground now invoked. It is not enough that a consideration is one that may properly be taken into account, nor even that it is one which many people, including the court itself, would have taken into account if they had to make the decision . . . [However] there will be some matters so obviously material to a decision on a particular project that anything short of direct consideration of them by the ministers . . . would not be in accordance with the intention of the Act.”
“…. the modern approach to a departmental policy document, whether published or not, ought to be as follows: (a)The legal principle of consistency in the exercise of public law powers (see Kruse v Johnson[1898] 2 KB 91 and de Smith, Woolf and Jowell, Judicial Review of Administrative Action, 5th ed., paras 13-036 to 13-045) creates a presumption that in the ordinary way the Secretary of State, through his officials, will follow his own policy. This presumption corresponds with the practical purpose of such an internal policy, which is precisely to secure consistency of approach … If there is to be a departure from the policy, there must be good reason for it (British Oxygen Ltd v Minister of Technology[1971] AC 610 ). The impact of the departure in a case otherwise within this particular policy is almost certainly such as to demand that reasons be given (R v Secretary of State for the Home Department, ex p. Doody[1994] 1 AC 531 . (b)In this situation the meaning of policy cannot be a matter for the Secretary of State to decide subject only to the broad limits of rationality. Where, as is nowadays almost always the case, it is couched in ordinary English, it is not open to the Secretary of State to give it other than its plain and ordinary meaning. In the case of an unpublished policy, to do otherwise would be to invite inconsistency of application where the principal purpose is to produce consistency…. …..”
“13. TfL’s Bus lane Policy has been in place since before its own creation in 2000, and the TfL Public Carriage Office Taxi and Bus Lanes Policy (2007) records that the policy is to “allow for taxis in all bus lanes unless their inclusion would cause significant delay to buses or would materially worsen the safety of road users including pedestrians, and taking account of the effects on safety of excluding taxis from the bus lane”
“25. Under the Bus Lane Policy, TfL ordinarily "allows taxis in all bus lanes unless their inclusion would cause significant delay to buses or would materially worsen the safety of road users including pedestrians, and taking account of the effects on safety of excluding taxis from the bus lane”
“60. … i) There is to my mind a clear distinction between the need of black cabs (and their passengers and the public) for them to be in the bus lanes, by way of visibility and availability of, and access to, black cabs for those hailing a cruising taxi. I do not reach this conclusion simply or mainly by reference to the disabled – though there are many people who are disabled, but are not in wheelchairs, and, even on the identification of disabled with wheelchair users and accepting Mr Griffin’s premise set out in paragraph 51(iii) above, there would still be 21% of wheelchair users who may not pre-book. I am certainly not persuaded that the problem for the disabled of hailing a taxi which is not in a lane adjacent to the pavement is “vanishingly small”
“1. Taxi access to bus lanes reflects the recognition in the Mayor’s transport strategy that taxis are “a vital part of London’s integrated transport network, fulfilling demands that cannot be met by the bus, train or tube”. 2. The Mayor has stated that TfL’s general policy should be to allow taxis in all bus lanes except where specific safety or bus operational issues made this impractical. 3. This policy applies for the purposes of taxis driving in bus lanes as through-routes and entering bus lanes to pick up and set down. ‘Pick up’ and ‘set down' mean that there is an intended passenger waiting at the kerbside or that an existing passenger wishes to be set down.”
“The continued use of bus lanes – a right which we have previously defended successfully in court – to support quick and convenient journeys by black cab, as well as enabling access to additional bus lanes that taxis have previously not been allowed to enter. This includes: a. Allowing taxis to access an additional 20 bus lanes on the TfL Road Network for the first time by the end of 2016. See appendix 1 b. Writing to the London boroughs asking them to consider access for taxis to over 40 further bus lanes located on roads they control.”
“As the world’s greatest city it is absolutely right that we have, and continue to have, the best and most qualified cabbies in the world. London’s black taxi drivers are highly trained and properly checked to a high safety standard, driving wheelchair accessible vehicles, with the incredible geographical recall and sense of direction that only those with The Knowledge have. With people like this at the wheel, it’s understandable that the London black cab is an icon known around the world and a source of pride for Londoners. I will: • Ensure that the markets for licensed taxi drivers and for private hire drivers are fair - with special privileges built in, as they always have been, for those who become a licensed London taxi driver. • Ensure that driver safety standards are rigorously enforced across the black cab and private hire industries. • Retain the exclusive right of licensed black taxi drivers to use bus lanes and ply for hire.”
“No, the exclusive right of licensed black taxi drivers to use bus lanes and ply for hire is not under threat. To date, TfL has given taxi drivers access to 15 additional bus lanes on its road network and will be writing to London boroughs to consider access to over 40 more on roads they control. In my Taxi and Private Hire Action Plan, published in September 2016, I committed to a number of initiatives to ensure a fair market place for our taxi and private hire trades, with special privileges built in, as they always have been, for those who become licensed London taxi drivers. This includes ensuring that taxi drivers are able to continue using bus lanes.”
“The Mayor, through TfL and the boroughs, and working with stakeholders, will seek to ensure London has a safe, secure, accessible, world-class taxi and private hire service with opportunity for all providers to flourish.” 127.The supporting text on taxis stated: “London’s taxis provide a reliable and trusted service to Londoners, tourists and business people from home and abroad, offering customers safety and convenience, aided by drivers’ extensive knowledge of the capital’s streets. Taxis are particularly important in central London, occupying 17 per cent of the road space on an average weekday, with a further 10 per cent occupied by Private Hire Vehicles (PHVs). … Taxis can expand travel horizons for those requiring safe, accessible travel options. High-quality accessible taxi ranks across the capital are vital to this. New safety, equality and regulatory knowledge assessments for PHV drivers will be introduced by TfL by 2018. As Night Tube expands, new and improved taxi ranks at stations will provide safe and accessible options for onward journeys. Taxis also have a key role to play in tackling London’s air quality challenge. From 2018, taxi electric charging points will be provided to support the roll-out of zero emission capable taxis as outlined in the Ultra Low Emission proposals in Chapter three. It is essential that the iconic London taxi brand is maintained and enhanced as its environment continues to change. This means continuing to monitor service standards, facilitating customer feedback, further improving the customer experience using technology (such as including taxi options in TfL’s Journey Planner), and exploring new ways to reduce the barriers to becoming a black cab driver without compromising the quality of service offered.”
“Under my mayoralty, taxis have been an important part of London’s transport offer. I made this clear both in my Transport Strategy and in my Taxi and Private Hire Action Plan published shortly after I was elected. I have taken a number of steps to help the taxi industry thrive. TfL has introduced mandatory card and contactless payment. I have ensured taxis can continue to access bus lanes, enabling taxi access to a further 18 lanes at key locations on its road network. TfL has also written to the boroughs requesting taxi access to bus lanes on the roads they control. I have increased the number of taxi ranks. TfL is promoting the benefits of being a London taxi driver by raising the profile of The Knowledge and TfL has opened up a further 20 bus lanes to taxis on the TfL Road Network (TLRN), meaning that taxis can now access 95% of bus lanes on the TLRN, and 93% of all bus lanes across London.”
“The difficulties faced by wheelchair users in moving around London using public transport 225 Many disabled people and those with a long-term health conditions face a number of barriers to travelling. While many issues are the same for disabled and non-disabled Londoners, some barriers relate specifically to the physical infrastructure of public transport, as well as less tangible issues such as reduced confidence in travelling independently. 226 TfL has undertaken and commissioned a large body of research to identify the barriers faced by London’s communities in accessing transport. In September 2015, the existing evidence was consolidated and summarised in a published report entitled Travel in London: Understanding Our Diverse Communities…. I draw upon the conclusions of this research in the following section of my statement. 227 In respect of the London Underground, the accessibility difficulties can be seen in the Tube map….This map highlights all stations where it is possible to travel from the platform to the street step free or to change between lines step-free. Stations where this is not possible are show in light grey on the map ….. 228 Wheelchair users (approximately 2% of Londoners, circa 133,000 people) experience particular accessibility difficulties, despite TfL’s efforts and investment to make more stations accessible. Fifty eight per cent of wheelchair users say that it is impossible to use the Tube without help, and a further 21% say that it is difficult but not impossible ….. 229 The bus network is more physically accessible, but TfL’s research indicates that 58% of Londoners who report that their travel is limited because they are disabled consider it either impossible to use the bus without help (23%) or difficult but not impossible to use the bus (35%). Wheelchair users experience greater difficulties, despite all buses being equipped with low flooring and wheelchair ramps. Fifty-seven per cent of wheelchair users surveyed say that it is impossible to use the bus without help, and a further 25% say that it is difficult but not impossible ….. 230 These accessibility issues are longstanding and, accordingly, when the Congestion Charge Scheme was originally conceived, an exemption was proposed for taxis but not PHVs. The taxi rationale was as follows (February 2002 Report 5.2.48 and 7.12.13 …): “TfL considers that licensed taxis make an important contribution to London’s public transport system, enabling a wide variety of users (including the disabled) to make short trips efficiently and providing a vital alternative to private car use. … Taxis are a vital part of London’s integrated transport network. They form a unique link between other forms of transport, fulfilling needs that cannot be met by the bus, train or tube. They have a significant role in the proposed scheme by providing an important means of moving around central London. … Taxis also have an important role in providing door to door transport for disabled people, especially through the Taxicard scheme. London taxis are the only form of social transport that is 100% wheelchair accessible.”” “TfL considers that licensed taxis make an important contribution to London’s public transport system, enabling a wide variety of users (including the disabled) to make short trips efficiently and providing a vital alternative to private car use. … Taxis are a vital part of London’s integrated transport network. They form a unique link between other forms of transport, fulfilling needs that cannot be met by the bus, train or tube. They have a significant role in the proposed scheme by providing an important means of moving around central London. … Taxis also have an important role in providing door to door transport for disabled people, especially through the Taxicard scheme. London taxis are the only form of social transport that is 100% wheelchair accessible.””
“Traffic levels on the TLRN have been down typically 40-45% on weekdays, 60% at weekends, however traffic across London has started to increase. Comparing 13 April to 20 April, central, inner and outer London traffic increased by 16%, 18% and 12% respectively”
“We therefore need to urgently reconsider use of street space to provide safe and appealing spaces to walk and cycle as an alternative to car use in the context of reduced capacity on the public transport network. Suppressing motorised traffic while allowing essential journeys to take place is key to ensuring we manage our road and public transport network to maximise our ability to keep people moving safely.”
“Bus routes have a key function in enabling local access so must be protected as part of temporary LTN proposals with a general presumption to bus routes and stop locations remaining as they are. Consideration should be given to bus gates to protect bus networks whilst removing general traffic.”
“Section 31 of the Act specifically states that the term “traffic” includes pedestrians. So the duty requires the LTA to consider the movement of all road users: pedestrians and cyclists, as well as motorised vehicles – whether engaged in the transport of people or goods. 11. The road network means the network of roads for which the authority is the traffic authority under theRoad Traffic Regulation Act 1984 (c.27). 12. The overall aim of the “expeditious movement of traffic” implies a network that is working efficiently without unnecessary delay to those travelling on it. But the duty is also qualified in terms of practicability and other responsibilities of the authority. This means that the duty is placed alongside all the other things that an authority has to consider, and it does not take precedence. So, for example, securing the expeditious movement of vehicles should not be at the expense of an authority’s road safety objectives. But, the statutory duty reflects the importance placed on making best use of existing road space for the benefit of all road users.”
“It seems to me that on the current state of the authorities, the position with section 122 is as follows: (i) The duty in section 122(1) when exercising functions conferred by the Act to secure the expeditious, convenient and safe movement of traffic extends not only to vehicles but includes pedestrians; (ii) The duty of securing the expeditious, convenient and safe movement of traffic is not given primacy but is a qualified duty which has to be read with the factors in section 122(2), such as the effect on the amenities of the area and, in the context of making a traffic regulation order, with the purposes for this identified in section 1(1) of the Act; (iii) The issue is whether in substance the section 122 duty has been performed and what has been called the balancing exercise conducted, not whether section 122 is expressly mentioned or expressly considered; (iv) In the particular circumstances of a case compliance with the section 122 duty may be evident from the decision itself.”
“149. Public sector equality duty (1) A public authority must, in the exercise of its functions, have due regard to the need to – (a) eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act; (b) advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; (c) foster good relations between persons who share a relevant protected characteristic and persons who do not share it. (2) The relevant protected characteristics are- age; disability; ….. (3) Having due regard to the need to advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to – (a) remove or minimise disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic; (b) take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it; (c) encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low. (4) The steps involved in meeting the needs of disabled persons that are different from the needs of persons who are not disabled include in particular, steps to take account of disabled persons’ abilities. (5) Having due regard to the need to foster good relations between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to – (a) tackle prejudice, and (b) promote understanding. (6) Compliance with the duties in this section may involve treating some persons more favourably than others; but that is not to be taken as permitting conduct that would otherwise be prohibited by or under this Act. …”
“(1) As stated by Arden LJ in R (Elias) v Secretary of State for Defence[2006] 1 WLR 3213 ;[2006] EWCA Civ 1293 at [274], equality duties are an integral and important part of the mechanisms for ensuring the fulfilment of the aims of antidiscrimination legislation. (2) An important evidential element in the demonstration of the discharge of the duty is the recording of the steps taken by the decision maker in seeking to meet the statutory requirements: R (BAPIO Action Ltd) v Secretary of State for the Home Department[2007] EWHC 199 (QB) (Stanley Burnton J (as he then was)). (3) The relevant duty is upon the Minister or other decision maker personally. What matters is what he or she took into account and what he or she knew. Thus, the Minister or decision maker cannot be taken to know what his or her officials know or what may have been in the minds of officials in proffering their advice: R (National Association of Health Stores) v Department of Health[2005] EWCA Civ 154 at [26 – 27] per Sedley LJ. (4) A Minister must assess the risk and extent of any adverse impact and the ways in which such risk may be eliminated before the adoption of a proposed policy and not merely as a “rearguard action”, following a concluded decision: per Moses LJ, sitting as a Judge of the Administrative Court, in Kaur & Shah v LB Ealing[2008] EWHC 2062 (Admin) at [23 – 24]. (5) These and other points were reviewed by Aikens LJ, giving the judgment of the Divisional Court, in R (Brown) v Secretary of State for Work and Pensions[2008] EWHC 3158 (Admin) , as follows: i) The public authority decision maker must be aware of the duty to have “due regard” to the relevant matters; ii) The duty must be fulfilled before and at the time when a particular policy is being considered; iii) The duty must be “exercised in substance, with rigour, and with an open mind”
“75. As was made clear in a passage quoted in Bracking, the duty “must be exercised in substance, with rigour, and with an open mind” (per Aikens LJ in R (Brown) v Secretary of State for Work and Pensions[2008] EWHC 3158 (Admin) ,[2009] PTSR 1506 , para 92. And, as Elias LJ said in Hurley and Moore, it is for the decision-maker to determine how much weight to give to the duty: the court simply has to be satisfied that “there has been rigorous consideration of the duty”
“Equalities, accessibility, security and inclusion COVID-19 has disproportionately affected vulnerable populations, including those living in more deprived areas. Londoners living in more deprived areas are already more likely to be impacted by exposure to higher levels of air pollution and road danger. Low-income Londoners are also more likely to work in frontline key-worker roles, which mean they cannot work from home and are less likely to be carowners, so will be most affected by the reduced capacity on public transport. The Streetspace Plan, which provides safe space for walking and cycling and enables social distancing on public transport for those who need to use it most, is therefore an essential part of protecting vulnerable Londoners. Providing additional space for walking and cycling will help support those who are less mobile and those who may be new to cycling. Walking is one of the easiest forms of physical activity that is suitable for Londoners of all ages and abilities. Our plans - which provide space for people to exercise in areas where there is less access to public or private outdoor space such as parks and gardens - are an important part of supporting the health and wellbeing of the most vulnerable. It is however important that any interventions to support walking and cycling are designed holistically to ensure that all Londoners can move around in safety. When making any changes to street layouts, boroughs are asked to use existing guidance to ensure that these changes don’t detract from current accessibility levels and enhance them wherever possible.Section 149 of the Equality Act 2010 (the Public Sector Equality Duty) provides that, in the exercise of their functions, public authorities must have due regard to the need to: • Eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under theEquality Act 2010 ; • Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; and • Foster good relations between persons who share a relevant protected characteristic and persons who do not share it. Part 3 of theEquality Act 2010 gives disabled people a right of access to goods, facilities, services and premises and makes it unlawful for service providers to treat disabled people less favourably than non-disabled people for a reason related to their disability. ….. Officers should ensure that all impacts on protected characteristics will be considered at every stage of the programme. This will involve anticipating the consequences on these groups and making sure that, as far as possible, any negative consequences are eliminated or minimised and opportunities for promoting equality are maximised. The creation of an inclusive environment is one of the key design considerations of projects and it is expected that the overall effect on equality target groups will be positive.”
“This section shares existing information TfL holds that could aid the effective delivery of measures required for the LSP.”
“86. The Streetspace Guidance therefore brought the public sector equality duty to the attention to [sic] relevant decision makers in the London boroughs who, working with TfL and the Mayor, would implement the guidance. No separate EqIA was required for the guidance, as opposed to decisions implementing it. The stage at which a useful EqIA can be carried out is once there is a specific proposal capable of analysis.”
“1. Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law. 2. The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.”
“77. The court reiterates that, according to its case law, article 1 of Protocol No. 1, which guarantees in substance the right of property, comprises three distinct rules: (see, inter alia, James v United Kingdom(1986) 8 EHRR 123 , para. 37): the first, which is expressed in the first sentence of the first paragraph and is of a general nature, lays down the principle of peaceful enjoyment of property. The second rule, in the second sentence of the same paragraph, covers deprivation of possessions and subjects it to certain conditions. The third, contained in the second paragraph, recognises that the contracting states are entitled, amongst other things, to control the use of property in accordance with the general interest. The second and third rules, which are concerned with particular instances of interference with the right to peaceful enjoyment of property, are to be construed in the light of the general principle laid down in the first rule (see Bruncrona v. Finland, no. 41673/98, §§ 65-69,16 November 2004 , and Broniowski v. Poland [GC], no. 31443/96, § 134, ECHR 2004-V).”
“Their effect can be sufficiently summarised for present purposes by saying that the question depends on an exacting analysis of the factual case advanced in defence of the measure, in order to determine (i) whether its objective is sufficiently important to justify the limitation of a fundamental right; (ii) whether it is rationally connected to the objective; (iii) whether a less intrusive measure could have been used; and (iv) whether, having regard to these matters and to the severity of the consequences, a fair balance has been struck between the rights of the individual and the interests of the community. These four requirements are logically separate, but in practice they inevitably overlap because the same facts are likely to be relevant to more than one of them.”
“Human Rights Practice” at 15.012. In Crompton (t/a David Crompton Holdings) v Department of Transport of North Western Area [2003] RT 34, which concerned the revocation of a haulier’s licence, Kennedy LJ said, at [19]: “(2) An operator’s licence is a possession for the purposes of Art. 1 of the First Protocol…. (3) In Traktorer Aktiebolag v Sweden (1989) 13 E.H.R.R 309, para 49, it was said by the European Court of Human Rights that a licence such as this (in that case a restaurant liquor licence) can be revoked lawfully in pursuit of a legitimate aim, but the action must be proportionate….”
“No hackney carriage shall ply for hire within the limits of this Act unless under the charge of a driver having a licence under this section from Transport for London.”
“2. Limits of Act The limits of this Act shall be the metropolitan police district, and the city of London”
“23. …. The infringement must, however, reach a certain level of significance. The regulation cases such as Traktörer should be applied with some care. In many of the cases relied on by the Court of Appeal, the principle that was being applied was not that a regulatory restriction could not of itself involve the taking of property. Rather it was that, as Lord Hoffmann put it in Grape Bay Ltd v Attorney General(1999) 57 WIR 62 , at p72: “It is well settled that restrictions on the use of property imposed in the public interest by general regulatory laws do not constitute a deprivation of that property for which compensation should be paid.” 24. Indeed, in Traktörer the ECtHR said at para 55 that the withdrawal of the licence to serve alcohol “constituted a measure of control of the use of property, which falls to be considered under the second paragraph of article 1 of the Protocol”
“29. However, our understanding and expectation that we will be able to travel and ply for hire throughout London’s road network including along carriageways and around turns otherwise reserved for buses, is being frustrated by the Streetspace Plan in a way that will inevitably work to the very considerable detriment of the Licensed Taxi trade. Our road journeys will become longer and more tortuous as we are forced to seek out ways around the road closures, which will in turn make our journeys slower and significantly more expensive for all our passengers, and that will inevitably deter many people from using black cabs in future. 30. If TfL and the Mayor wish to maintain a Licensed Taxi service in London, they must take into account the economic viability of the service, and must recognise that the service will become non-viable if taxi drivers are unable to access infrastructure, and are prevented from taking the most efficient route between two points, and from avoiding congestion by being able to travel along carriageways and take turns otherwise reserved for buses and from which other motorised vehicles are excluded.”
“Legitimate…expectation may arise either from an express promise given on behalf of a public authority or from the existence of a regular practice which the Claimant can reasonably expect to continue.”
“(c) Where the court considers that a lawful promise or practice has induced a legitimate expectation of a benefit which is substantive, not simply procedural, authority now establishes that here too the court will in a proper case decide whether to frustrate the expectation is so unfair that to take a new and different course will amount to an abuse of power. Here, once the legitimacy of the expectation is established, the court will have the task of weighing the requirement of fairness against any overriding interest relied upon for the change of policy.”
“36. The critical question in this part of the case is whether there was a sufficient public interest to override the legitimate expectation to which the representations had given rise. This raises the further question as to the burden of proof in cases of frustration of a legitimate expectation. 37. The initial burden lies on an applicant to prove the legitimacy of his expectation. This means that in a claim based on a promise, the applicant must prove the promise and that it was clear and unambiguous and devoid of relevant qualification. If he wishes to reinforce his case by saying that he relied on the promise to his detriment, then obviously he must prove that too. Once these elements have been proved by the applicant, however, the onus shifts to the authority to justify the frustration of the legitimate expectation. It is for the authority to identify any overriding interest on which it relies to justify the frustration of the expectation. It will then be a matter for the court to weigh the requirements of fairness against that interest. 38. If the authority does not place material before the court to justify its frustration of the expectation, it runs the risk that the court will conclude that there is no sufficient public interest and that in consequence its conduct is so unfair as to amount to an abuse of power. The Board agrees with the observation of Laws LJ in Nadarajah v Secretary of State for the Home Department[2005] EWCA Civ 1363 at para 68: “The principle that good administration requires public authorities to be held to their promises would be undermined if the law did not insist that any failure or refusal to comply is objectively justified as a proportionate measure in the circumstances.”
“49. Whereas in R v North and East Devon Health Authority, Ex p Coughlan[2001] QB 213 it was common ground that the authority had given consideration to the promises it had made, in the present cases, that is not so. The authority in its decision making process has simply not acknowledged that the promises were a relevant consideration in coming to a conclusion as to whether they should be honoured and if not what, if anything, should be done to assuage the disappointed expectations. . . . 51. The law requires that any legitimate expectation be properly taken into account in the decision making process. It has not been in the present case and therefore the authority has acted unlawfully.” 46. The Board agrees. Where an authority is considering whether to act inconsistently with a representation or promise which it has made and which has given rise to a legitimate expectation, good administration as well as elementary fairness demands that it takes into account the fact that the proposed act will amount to a breach of the promise. Put in public law terms, the promise and the fact that the proposed act will amount to a breach of it are relevant factors which must be taken into account. “49. Whereas in R v North and East Devon Health Authority, Ex p Coughlan[2001] QB 213 it was common ground that the authority had given consideration to the promises it had made, in the present cases, that is not so. The authority in its decision making process has simply not acknowledged that the promises were a relevant consideration in coming to a conclusion as to whether they should be honoured and if not what, if anything, should be done to assuage the disappointed expectations. . . . 51. The law requires that any legitimate expectation be properly taken into account in the decision making process. It has not been in the present case and therefore the authority has acted unlawfully.”
“57. Shortly after the decision in Coughlan, the Court of Appeal had occasion to again consider the reach of substantive legitimate expectation in R v Secretary of State for Education and Employment, Ex p Begbie[2000] 1 WLR 1115 . At p 1130 Laws LJ said: “As it seems to me the first and third categories explained in the Coughlan case[2000] 2 WLR 622 are not hermetically sealed. The facts of the case, viewed always in their statutory context, will steer the court to a more or less intrusive quality of review.” 58. The key factor in Coughlan was, Laws LJ said, the limited number of individuals affected by the promise in question. Significantly, so far as concerns the present appeal, he also said at p 1131: “The more the decision challenged lies in what may inelegantly be called the macro-political field, the less intrusive will be the court’s supervision. More than this: in that field, true abuse of power is less likely to be found, since within it changes of policy, fuelled by broad conceptions of the public interest, may more readily be accepted as taking precedence over the interests of groups which enjoyed expectations generated by an earlier policy.” 59. Laws LJ considered the evolving case law in this field in Nadarajah v Secretary of State for the Home Department[2005] EWCA Civ 1363 , albeit on an expressly obiter basis - see para 67. In explaining the basis for substantive legitimate expectations, he made these observations at para 68: “It is said to be grounded in fairness, and no doubt in general terms that is so. I would prefer to express it rather more broadly as a requirement of good administration, by which public bodies ought to deal straightforwardly and consistently with the public. In my judgment this is a legal standard which, although not found in terms in the European Convention on Human Rights, takes its place alongside such rights as fair trial, and no punishment without law. That being so there is every reason to articulate the limits of this requirement - to describe what may count as good reason to depart from it - as we have come to articulate the limits of other constitutional principles overtly found in the European Convention. Accordingly a public body’s promise or practice as to future conduct may only be denied, and thus the standard I have expressed may only be departed from, in circumstances where to do so is the public body’s legal duty, or is otherwise, to use a now familiar vocabulary, a proportionate response (of which the court is the judge, or the last judge) having regard to a legitimate aim pursued by the public body in the public interest. The principle that good administration requires public authorities to be held to their promises would be undermined if the law did not insist that any failure or refusal to comply is objectively justified as a proportionate measure in the circumstances.”
“… the notion of a promise or practice of present and future substantive policy risks proving too much. The doctrine of substantive legitimate expectation plainly cannot apply to every case where a public authority operates a policy over an appreciable period. That would expand the doctrine far beyond its proper limits. The establishment of any policy, new or substitute, by a public body is in principle subject to Wednesbury review. But a claim that a substitute policy has been established in breach of a substantive legitimate expectation engages a much more rigorous standard. It will be adjudged, as I have foreshadowed, by the court’s own view of what fairness requires. This is a principal outcome of this court’s decision in Ex p Coughlan (see in particular paras 74, 78, 81 and 82). It demonstrates the importance of finding the reach of substantive legitimate expectation.” (Emphasis added)
“74. Stephens J found that the considerations outlined in the Secretary of State’s statement to Parliament on11 November 2010 (set out in para 42(iii) above) “were overriding interests which, as far as the decision maker was concerned, justified the frustration of the expectation.” - para 166. He held that the decision to resile from the undertaking “was clearly concerned with macro-political issues of policy.” - para 167. 75. The reference to “macro-political issues” derived from the judgment of Laws LJ in Nadarajah. At para 69 of the judgment in that case, Laws LJ said: “… where the representation relied on amounts to an unambiguous promise; where there is detrimental reliance; where the promise is made to an individual or specific group; these are instances where denial of the expectation is likely to be harder to justify as a proportionate measure. … On the other hand where the government decision-maker is concerned to raise wide-ranging or ‘macro-political’ issues of policy, the expectation’s enforcement in the courts will encounter a steeper climb. All these considerations, whatever their direction, are pointers not rules. The balance between an individual’s fair treatment in particular circumstances, and the vindication of other ends having a proper claim on the public interest (which is the essential dilemma posed by the law of legitimate expectation) is not precisely calculable, its measurement not exact.” 76. Where political issues overtake a promise or undertaking given by government, and where contemporary considerations impel a different course, provided a bona fide decision is taken on genuine policy grounds not to adhere to the original undertaking, it will be difficult for a person who holds a legitimate expectation to enforce compliance with it.” “As it seems to me the first and third categories explained in the Coughlan case[2000] 2 WLR 622 are not hermetically sealed. The facts of the case, viewed always in their statutory context, will steer the court to a more or less intrusive quality of review.” “The more the decision challenged lies in what may inelegantly be called the macro-political field, the less intrusive will be the court’s supervision. More than this: in that field, true abuse of power is less likely to be found, since within it changes of policy, fuelled by broad conceptions of the public interest, may more readily be accepted as taking precedence over the interests of groups which enjoyed expectations generated by an earlier policy.”[2005] EWCA Civ 1363 , albeit on an expressly obiter basis - “It is said to be grounded in fairness, and no doubt in general terms that is so. I would prefer to express it rather more broadly as a requirement of good administration, by which public bodies ought to deal straightforwardly and consistently with the public. In my judgment this is a legal standard which, although not found in terms in the European Convention on Human Rights, takes its place alongside such rights as fair trial, and no punishment without law. That being so there is every reason to articulate the limits of this requirement - to describe what may count as good reason to depart from it - as we have come to articulate the limits of other constitutional principles overtly found in the European Convention. Accordingly a public body’s promise or practice as to future conduct may only be denied, and thus the standard I have expressed may only be departed from, in circumstances where to do so is the public body’s legal duty, or is otherwise, to use a now familiar vocabulary, a proportionate response (of which the court is the judge, or the last judge) having regard to a legitimate aim pursued by the public body in the public interest. The principle that good administration requires public authorities to be held to their promises would be undermined if the law did not insist that any failure or refusal to comply is objectively justified as a proportionate measure in the circumstances.” “… the notion of a promise or practice of present and future substantive policy risks proving too much. The doctrine of substantive legitimate expectation plainly cannot apply to every case where a public authority operates a policy over an appreciable period. That would expand the doctrine far beyond its proper limits. The establishment of any policy, new or substitute, by a public body is in principle subject to Wednesbury review. But a claim that a substitute policy has been established in breach of a substantive legitimate expectation engages a much more rigorous standard. It will be adjudged, as I have foreshadowed, by the court’s own view of what fairness requires. This is a principal outcome of this court’s decision in Ex p Coughlan (see in particular paras 74, 78, 81 and 82). It demonstrates the importance of finding the reach of substantive legitimate expectation.” (Emphasis added)
“… where the representation relied on amounts to an unambiguous promise; where there is detrimental reliance; where the promise is made to an individual or specific group; these are instances where denial of the expectation is likely to be harder to justify as a proportionate measure. … On the other hand where the government decision-maker is concerned to raise wide-ranging or ‘macro-political’ issues of policy, the expectation’s enforcement in the courts will encounter a steeper climb. All these considerations, whatever their direction, are pointers not rules. The balance between an individual’s fair treatment in particular circumstances, and the vindication of other ends having a proper claim on the public interest (which is the essential dilemma posed by the law of legitimate expectation) is not precisely calculable, its measurement not exact.”
“89. In the present case the Claimants have a legitimate expectation of: (a) Being permitted to pass and repass on London’s roads in accordance inter alia with the routes contained in the Knowledge of London. This is an expectation which arises as a result of the established practice of permitting hackney carriages to do so, and from requiring drivers to invest considerable time and money in learn routes involving passage along those routes, and to pay a fee for their licence. (b) Having access to all bus lanes, for the purposes of driving in them as through-routes, as well as entering them to pick up and set down, except where specific safety or bus operational issues make this impractical. This arises as a result of the express policy contained in the Mayor’s extant 2007 Taxis and Bus Lane policy. (c) Being regarded as public transport forming “a vital part of London’s integrated transport network, fulfilling demands that cannot be met by the bus, train or tube”
“1. Taxi access to bus lanes reflects the recognition in the Mayor’s transport strategy that taxis are “a vital part of London’s integrated transport network, fulfilling demands that cannot be met by the bus, train or tube”. 2. The Mayor has stated that TfL’s general policy should be to allow taxis in all bus lanes except where specific safety or bus operational issues made this impractical. 3. This policy applies for the purposes of taxis driving in bus lanes as through-routes and entering bus lanes to pick up and set down. ‘Pick up’ and ‘set down' mean that there is an intended passenger waiting at the kerbside or that an existing passenger wishes to be set down.”
“26. Whilst we recognise that proportionate changes need to be made to the road network to support social distancing, it is not accepted that Licensed Taxis need to be or should be excluded from key roads. …. The exclusion of Licensed Taxis who provide door-to-door services ….will result in a greatly diminished service for the elderly and the disabled…” “28. ….Licensed Taxi drivers have decided to become taxi drivers and to remain as taxi drivers, undertaking and submitting to the extensive regulatory requirements … - the very considerable investment of personal time and effort needed to pass the Knowledge of London and the very considerable expense of vehicles capable of being licensed as hackney carriages …. in reliance upon the clear and unequivocal longstanding policy presumption and understanding that Licensed Taxis will be able to travel freely and ply for hire throughout London’s road network, including along carriageways and around turns otherwise reserved for buses. 29. However, our understanding and expectation that we will be able to travel and ply for hire throughout London’s road network including along carriageways and around turns otherwise reserved for buses, is being frustrated by the Streetspace Plan in a way that will inevitably work to the very considerable detriment of the Licensed Taxi trade. Our road journeys will become longer and more tortuous as we are forced to seek out ways around the road closures, which will in turn make our journeys slower and significantly more expensive for all our passengers, and that will inevitably deter many people from using black cabs in future. 30. If TfL and the Mayor wish to maintain a Licensed Taxi service in London, they must take into account the economic viability of the service, and must recognise that the service will become non-viable if taxi drivers are unable to access infrastructure, and are prevented from taking the most efficient route between two points, and from avoiding congestion by being able to travel along carriageways and take turns otherwise reserved for buses and from which other motorised vehicles are excluded.”
“TfL considers that licensed taxis make an important contribution to London’s public transport system, enabling a wide variety of users (including the disabled) to make short trips efficiently and providing a vital alternative to private car use. … Taxis are a vital part of London’s integrated transport network. They form a unique link between other forms of transport, fulfilling needs that cannot be met by the bus, train or tube. They have a significant role in the proposed scheme by providing an important means of moving around central London. … Taxis also have an important role in providing door to door transport for disabled people, especially through the Taxicard scheme. London taxis are the only form of social transport that is 100% wheelchair accessible.”
“We recognise this moment for what it is: a once in a generation opportunity to deliver a lasting transformation in how we make short journeys in our towns and cities…” “We recognise this moment for what it is: a once in a generation opportunity to deliver a lasting transformation in how we make short journeys in our towns and cities…”
“We need to urgently reconsider use of street space to provide safe and appealing spaces to walk and cycle as an alternative to car use in the context of reduced capacity on the public transport network. Suppressing motorised traffic while allowing essential journeys to take place is key to ensuring we manage our road and public transport network to maximise our ability to keep people moving safely.”