Bournemouth, Christchurch and Poole (BCP) Council has insisted that a narrow road underneath a railway bridge in Poole, commonly used as a rat-run by drivers, will remain open to motor vehicles – despite Cycling UK proclaiming a “victory” for cyclists and pedestrians earlier this week, following a legal challenge against the council’s controversial decision to keep the route open.
In March, Cycling UK launched a legal action against BCP council’s reopening of Keyhole Bridge in Poole Park, which was closed to drivers under an experimental traffic restriction order (ETRO) in 2020 to improve active travel access and provide a safe route for people on bikes or on foot during the Covid pandemic.
However, over the course of the following two years, the then-Conservative-led administration ignored two public consultations (one of which was mandated by the High Court following a judicial review brought by local campaigners), showing the vast majority of residents supported the extremely narrow road’s permanent closure, by choosing to reopen the underpass to motor traffic.
Cycling UK described the council’s decision as “unlawful”, arguing that it was based on flawed economic analysis and failed to take into account statutory guidance issued to highway authorities under the Network Management Act 2004, while also posing a danger to vulnerable road users.
And earlier this week, the charity announced that BCP Council had, in the wake of the charity’s legal challenge, accepted that it had acted unlawfully when reopening the bridge in March 2021 and agreed to pay Cycling UK’s legal costs.
According to a consent order viewed by the Daily Echo, BCP Council must pay Cycling UK £35,000 after the local authority said that it “does not intend to defend” the claims made against it by the charity.
However, the council – now run by the Liberal Democrats – has denied Cycling UK’s claims, insisting that they don’t agree that the decision was unlawful, that an out-of-court settlement was reached before the case made it to court simply to reduce costs and “avoid further conflict”, and that the bridge will remain open to motorists.
“Whilst we as an administration disagree with the position of the previous portfolio holder, at no time have we conceded that this decision was unlawful,” Andy Hadley, the council’s portfolio holder for climate response, environment, and energy, told the local paper.
“BCP Council and Cycling UK jointly settled this case by way of a consent order without the case ever reaching court, and we agreed to pay some legal expenses to Cycling UK.
“Our intention in coming to this agreement was to avoid further conflict and reduce costs to the council and our residents. We believe this is far less expensive than if we had chosen to pursue a defence of the legal challenge.
“We remain committed to promoting active and sustainable travel.”
> Cycling UK takes council to court over “unlawful” decision to keep rat-run open
However, despite the council’s claims, Cycling UK described the conclusion of their legal action as a “victory for the people of Poole, who will be able to breathe clean air and enjoy their neighbourhood with quieter, more peaceful streets”.
“The reopening of Keyhole Bridge was a legacy decision the current administration inherited, so Cycling UK is pleased it’s adopted a more pragmatic approach to resolve the case,” chief executive Sarah Mitchell said this week.
“This isn’t the first time a local authority has failed to consider the relevant government guidance before removing schemes designed to get more people walking and cycling by reallocating road space.
“It’s crucial all councils realise they need to evaluate how active travel schemes have worked and consider the relevant guidance, and not rush to remove schemes because a minority of people object.”