Traffic Orders

November 10th, 2022 by James Goudie KC

BOUCHTI  v ENFIELD LBE (2022) EWHC 2889 ( Admin ) concerned Permeant Traffic Orders under Section 6 of the Road Traffic Regulation Act 1984, and the statutory review of them, pursuant to a process akin to, but different from, judicial review. There are requirements that must be satisfied and the procedure followed. However, in this case, albeit the Council had failed to comply with the  relevant requirements, these failures had not caused the complainant substantial prejudice. Nor was the consultation process unfair in the circumstances. Allegations of a closed mind, irrationality, and breach of the Tameside duty were also amongst the grounds rejected. The advantages and disadvantages of continuing the measure were readily identifiable, and the task of balancing them was a matter of broad judgment.


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