Judicial review to challenge shared space

29 October 2009

Solicitors acting for Guide Dogs have issued a judicial review challenge to the legality of Kensington and Chelsea RBC’s plans to transform Exhibition Road into a shared surface street.

Under the current £25m proposal, the road and footway would be built at the same level, only separated by ‘untested, corduroy paving’, rather than using the traffic sign required by legislation, Guide Dogs says.

The essence of the judicial review is that the scheme adopted by the council is unlawful and puts the 19 million visitors a year to Exhibition Road – and other pedestrians – at serious risk.

Tom Pey, Guide Dogs’ director of external affairs, said: ‘The secretary of state for transport has said there is no evidence that these schemes offer any greater benefit than traditional traffic-calming techniques.’

Andrew Lockley, partner and head of public law at Irwin Mitchell, which is representing the charity, said: ‘These legal proceedings highlight the lack of clear guidance on this issue from the Department for Transport. The department has declined to comment on this street design and, instead, is awaiting the results of research into shared surface streets before issuing any guidance.’

A Guide Dogs spokesperson said Exhibition Road was targeted, as opposed to other schemes such as the one in Ashford, because of its high profile.

A spokesman for Kensington and Chelsea council said the decision to take legal action was ‘disappointing, in light of the work, research and consultation we have undertaken to ensure that the planned changes to Exhibition Road are in the best interests of all users, residents and visitors.

‘The council has made significant changes to the original design to introduce proven delineators, and will continue to work with Guide Dogs and others to test and refine the final form of delineation to ensure that Exhibition Road meets the needs of different disability groups,’ he added.

The DfT is expected to publish the results of its review into shared surfaces by 2011.

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