Croft v Devon County Council & Ors [2025] EWHC 881 (Admin) (15 April 2025)

Croft v Devon County Council & Ors [2025] EWHC 881 (Admin) (15 April 2025)

Devon County Council failed to have regard to a mandatory material consideration—namely, the safety implications for children using the Local Area of Play adjacent to Estuary Avenue—when making the Traffic Regulation Order, rendering the decision unlawful under section 122 of the Road Traffic Regulation Act 1984.

Citation
[2025] EWHC 881 (Admin)
Parties
Claimant: Stephanie Croft; First Defendant: Devon County Council; Second Defendant: Torridge District Council; Third Defendant: Baker Estates
Jurisdiction
England and Wales
Judgment Date
15 April 2025
Procedural Posture
Statutory Challenge Under Paragraph 35 of Schedule 9 to the Road Traffic Regulation Act 1984 / Judgment Following Hearing
Outcome
Claim allowed; Traffic Regulation Order quashed
Legal Topics
Traffic Regulation Orders, Statutory Challenge, Material Considerations, Road Safety, Judicial Review
Administrative Law Planning Law Local Government Law Traffic Regulation Orders Statutory Challenge Material Considerations Road Safety Judicial Review

Case Brief

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Parties

Stephanie Croft

Claimant

Devon County Council

First Defendant

Torridge District Council

Second Defendant

Baker Estates

Third Defendant

Procedural Posture

Statutory Challenge Under Paragraph 35 of Schedule 9 to the Road Traffic Regulation Act 1984 / Judgment Following Hearing

Legal Issues

  1. 1 Whether Devon County Council failed to consider mandatory material safety considerations under section 122 of the Road Traffic Regulation Act 1984 when making the Traffic Regulation Order
  2. 2 Whether the Council failed to have regard to new safety issues arising from the TRO, including restricted visibility and loss of passing places

Ratio Decidendi

Devon County Council failed to have regard to a mandatory material consideration—namely, the safety implications for children using the Local Area of Play adjacent to Estuary Avenue—when making the Traffic Regulation Order, rendering the decision unlawful under section 122 of the Road Traffic Regulation Act 1984.

Court Disposition

Claim allowed; Traffic Regulation Order quashed

Orders

  • The decision to make the Traffic Regulation Order dated 8 May 2024 is quashed.
  • Parties are invited to agree a form of order reflecting the judgment and disposing of all matters on the claim.