Trail Riders Fellowship v WILTSHIRE COUNTY COUNCIL

Trail Riders Fellowship v WILTSHIRE COUNTY COUNCIL

The Council’s decision not to consult relevant organisations before making the 2018 Experimental Order was irrational, as it relied on irrelevant considerations and failed to address the correct statutory question. The Council also failed to consult the Freight Transport Association, Road Haulage Association, and the chief officer of police as required. There was no legitimate expectation of consultation, and the Council did not unlawfully fail to consider the 2011 Inspector’s Report. The experimental purpose for the order was sufficiently identified.

Parties
Claimant: Trail Riders Fellowship; Defendant: Wiltshire County Council
Jurisdiction
England and Wales
Judgment Date
21 December 2018
Procedural Posture
Judicial Review / Judgment
Outcome
Order quashed
Legal Topics
Consultation Requirements, Legitimate Expectation, Experimental Traffic Orders, Procedural Fairness, Judicial Review Grounds
Administrative Law Planning Law Local Government Law Consultation Requirements Legitimate Expectation Experimental Traffic Orders Procedural Fairness Judicial Review Grounds

Case Brief

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Parties

Trail Riders Fellowship

Claimant

Wiltshire County Council

Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether Wiltshire County Council lawfully made the 2018 Experimental Traffic Order without proper consultation under regulation 6 of the 1996 Regulations and Schedule 9 of the Road Traffic Regulation Act 1984
  2. 2 Whether there was a breach of legitimate expectation of consultation with the claimant
  3. 3 Whether the Council failed to consider relevant considerations, including a prior Inspector’s Report

Ratio Decidendi

The Council’s decision not to consult relevant organisations before making the 2018 Experimental Order was irrational, as it relied on irrelevant considerations and failed to address the correct statutory question. The Council also failed to consult the Freight Transport Association, Road Haulage Association, and the chief officer of police as required. There was no legitimate expectation of consultation, and the Council did not unlawfully fail to consider the 2011 Inspector’s Report. The experimental purpose for the order was sufficiently identified.

Court Disposition

Order quashed

Orders

  • The 2018 Experimental Traffic Order is quashed.