Stephanie Croft v Devon County Council & Ors

Stephanie Croft v Devon County Council & Ors

The Council failed to have regard to a mandatory material consideration—namely, the safety of children and pedestrians using the Local Area of Play adjacent to Estuary Avenue—when making the TRO, as required by section 122(1) of the Road Traffic Regulation Act 1984. The Officer's Report misled the decision-makers by stating this was not relevant to the TRO, resulting in an unlawful decision. Ground 1 of the claim succeeded; Ground 2 did not.

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 (judicial Review) / Judgment After Full Hearing
Outcome
Claim allowed; TRO quashed.
Legal Topics
Traffic Regulation Orders, Statutory Challenge, Material Considerations, Section 122 Road Traffic Regulation Act 1984, Judicial Review, Planning Permission, Highway Safety
Administrative Law Planning Law Local Government Law Traffic Regulation Orders Statutory Challenge Material Considerations Section 122 Road Traffic Regulation Act 1984 Judicial Review +2 more

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 (judicial Review) / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the Council failed to consider mandatory material considerations under section 122 of the Road Traffic Regulation Act 1984 when making the Traffic Regulation Order (TRO)
  2. 2 Whether the decision to make the TRO was unlawful due to failure to consider safety impacts on Estuary Avenue, particularly regarding the Local Area of Play (LAP)
  3. 3 Whether the Council failed to consider new safety issues arising from the TRO, including restricted visibility and loss of passing places

Ratio Decidendi

The Council failed to have regard to a mandatory material consideration—namely, the safety of children and pedestrians using the Local Area of Play adjacent to Estuary Avenue—when making the TRO, as required by section 122(1) of the Road Traffic Regulation Act 1984. The Officer's Report misled the decision-makers by stating this was not relevant to the TRO, resulting in an unlawful decision. Ground 1 of the claim succeeded; Ground 2 did not.

Court Disposition

Claim allowed; TRO quashed.

Orders

  • The decision to make the Traffic Regulation Order is quashed.
  • Parties to address consequential matters and file a draft order reflecting the judgment or identifying outstanding issues for further determination.