Campaigners have won a sensational High Court victory in their battle with a London council over the introduction of a hugely controversial low traffic neighbourhood scheme.
They had asked the court to judicially review the LTN in West Dulwich, claiming it had been introduced by Lambeth council with inadequate consultation.
Judge Tim Smith, in a judgement delivered on Friday, said the campaigners had succeded in one of their three parts of their legal challenge.
This was that the council’s “consultation on the orders [introducing the LTN] was unfair”.
A spokesperson for the West Dulwich Action Group said: “We are delighted with today’s ruling, which clearly demonstrates that Lambeth council failed to fully consider the impacts and effects of the LTN on local residents and businesses.
“This ruling sends a clear signal to all councils nationwide: communities will no longer tolerate top-down, poorly conceived schemes that ignore local input, which prioritise revenue over real solutions to issues like pollution.”
WDAG said the case should never have reached court.
“Lambeth council chose to spend public funds fighting the very community it exists to serve, rather than sitting down with us to find a workable, locally supported solution,” the group’s spokesperson said.
“Meanwhile, over 700 residents and businesses had no choice but to raise more than £50,000 just to have their voices heard. It’s a shameful misuse of resources that could have been avoided through genuine engagement.”
Cllr Rezina Chowdhury, deputy leader of Lambeth council, said afterwards that the council was considering the implications of the judgement but the LTN would remain in place in the interim.
She said: “We implemented the West Dulwich Street Improvements to reduce road danger and create a neighbourhood where residents can live safer, happier and healthier lives.
“This was part of our overall ambition to reduce road danger, encourage more active and sustainable travel, and improve air quality for communities across our borough.
“The court has allowed the claim against the West Dulwich Street Improvements on one of the three grounds of challenge, and dismissed the other two.
“We acknowledge the court’s decision and are carefully considering the implications of this judgement; we will provide further updates in due course.
“The current trial scheme in West Dulwich will remain in place in the meantime, while we await further directions from the court.”
During a hearing in February, the court was told that there was “considerable hostility and anger” from some residents to the scheme.
In general, LTNs aims to restrict “rat running” by non-local motorists but can also result in residents taking longer to make journeys - and often results in winners and losers in terms of how traffic is re-routed.
A public meeting in 2023 to discuss the introduction of the West Dulwich LTN became so hostile that councillors were in tears and council staff were offered “wellbeing” leave to recover, the court was told.
But the judge said in his judgement on Friday that the council was guilty of a “masterclass in selective partial reporting” in how it reported the outcome of the library consultation.
The judge said of the council’s official notes of the meeting: “It is what it does not say that renders the reporting of the event misleading.”
The LTN was implemented to prevent residential streets being inundated with “rat running” traffic from the South Circular Road.
The ruling is the first time that LTN opponents have won a court battle to force a council to axe a low traffic neighbourhood.
Others have been removed - but normally after a change of power at the relevant council.
The case was brought by West Dulwich Service Station Ltd on behalf of the West Dulwich Action Group, which says it represents about 1,000 residents opposed to the LTN.
The “David v Goliath” challenge was crowdfunded, with more than £46,000 raised to cover the cost of bringing the case.
Lambeth council’s barrister told the court that the claim was “without foundation and should be dismissed”.
Some residents say they have benefited from the scheme - but have been afraid to speak up in public.
The Better Streets West Dulwich group said it had made the area safer for cyclists.
Has the West Dulwich LTN increased families cycling in West Dulwich? 🚲
— Better Streets West Dulwich (@betterstreetswd) May 1, 2025
We certainly think so! 💚💚💚💚💚💚 pic.twitter.com/mS45NOKqQR
In a 34-page judgement that was frequently critical of the council, Judge Smith said: “Some of the elements of consultation could undoubtedly have been improved upon.
“The shortcomings I have identified range from the inconvenient (e.g printing of the URNs on envelopes only) through to the more significant (e.g. errors in the hand delivery of some printed material).
“But the question always is whether something has gone so ‘clearly and radically wrong’ as to render the consultation process unlawful… In my judgement the answer is clearly not.”
Prior to seeking the judicial review, West Dulwich Campaign Group had submitted a 53-page dossier to the council highlighting what it saw as flaws in its processes.
This included concerns about the LTN worsening air pollution, displacing traffic onto boundary roads and increasing road danger in residential streets.
There was also concern that “overwhelming” levels of opposition, of about 67.5 per cent, were being ignored.
The judgement also highlighted an “apparent flaw” in the council’s approach – the erroneous belief that a first consultation was “less important” because a second consultation would follow.
The judge said the 53-page dossier should have formed part of the council’s considerations. “Its content was highly relevant to the issues being deliberated upon and thus it was a material consideration,” he said.
“The failure to have regard to it was a serious failing, rendering the decision to make the orders unlawful.”
