Williams & Ors (The Sustainable Totnes Action Group) v Devon County Council [2015] EWHC 568 (Admin) (06 March 2015)

Williams & Ors (The Sustainable Totnes Action Group) v Devon County Council [2015] EWHC 568 (Admin) (06 March 2015)

The claimant group (STAG) was an unincorporated association with identifiable membership and a common purpose at the time proceedings were issued, satisfying the statutory definition of 'person'. However, the Defendant complied with all relevant statutory requirements in making the TRO, including consultation and...

Source-derived case information.

Citation
[2015] EWHC 568 (Admin)
Parties
Claimant: Jane Sarah Williams (representative for The Sustainable Totnes Action Group); Defendant: Devon County Council
Jurisdiction
England and Wales
Judgment Date
06 March 2015
Procedural Posture
Statutory Application Under Paragraph 35 of Schedule 9 to the Road Traffic Regulation Act 1984 / High Court Judgment on Application to Quash Traffic Regulation Order
Outcome
Claim dismissed
Legal Topics
Standing of Unincorporated Associations, Validity of Traffic Regulation Orders, Consultation Requirements, Public Inquiry Obligations, Secretary of State Consent, Judicial Review Principles
Administrative Law Local Government Law Transport Law Standing of Unincorporated Associations Validity of Traffic Regulation Orders Consultation Requirements Public Inquiry Obligations Secretary of State Consent +1 more

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Parties

Jane Sarah Williams (representative for The Sustainable Totnes Action Group)

Claimant

Devon County Council

Defendant

Procedural Posture

Statutory Application Under Paragraph 35 of Schedule 9 to the Road Traffic Regulation Act 1984 / High Court Judgment on Application to Quash Traffic Regulation Order

Legal Issues

  1. 1 Whether the claimant group had standing as a 'person' under the Act at the time of proceedings
  2. 2 Whether the Traffic Regulation Order (TRO) was made in breach of statutory requirements, including consultation and consent
  3. 3 Whether the Defendant failed to consider relevant evidence and objections

Ratio Decidendi

The claimant group (STAG) was an unincorporated association with identifiable membership and a common purpose at the time proceedings were issued, satisfying the statutory definition of 'person'. However, the Defendant complied with all relevant statutory requirements in making the TRO, including consultation and consideration of objections. No Secretary of State consent or public inquiry was required as the statutory preconditions were not met. There was no substantial prejudice to the claimant's interests arising from any procedural failings. The application to quash the TRO was therefore refused.

Court Disposition

Claim dismissed

Orders

  • Application to quash the Devon County Council (Fore Street & Station Road, Totnes) (Traffic Regulation) Order 2014 refused
  • No order for security for costs