Council faces new judicial review over decision to keep underpass open to motor traffic

Bournemouth, Christchurch and Poole Council (BCP Council) could face a second judicial review in a battle to keep motor vehicles from using an underpass that was closed to motor traffic during the pandemic.

The Keyhole Bridge underpass in Poole was closed by the council in 2020 under an experimental traffic restriction order to provide safer walking and cycling facilities during the pandemic, but was later reopened to motor traffic following a consultation in early 2021.

This consultation ended prematurely, however, resulting in a local group seeking a judicial review over the decision. 

In November 2021, Mrs Justice Lang found that the council breached a procedural legitimate expectation when it decided to re-open the road.

She declined to quash the local authority's decision but said the council ought to conduct another consultation.

The local authority then conducted a second consultation, which ended in April 2022.

Nine months later, the council moved to reopen the road to motor vehicles, leading to a second judicial review threat being made.

This week, Cycling UK announced that it had sent a pre-action protocol letter over the decision to keep the thoroughfare open.

The letter alleges that the council failed to take into account statutory guidance under the Network Management Act 2004.

According to the charity, the decision to keep the road open to cars was made despite the second consultation showing the majority of local residents supported the permanent closure of the underpass and an expert report showing long-term positive financial impacts from closing the Keyhole Bridge to motor traffic.

Duncan Dollimore, head of campaigns at Cycling UK, said: "It shouldn't be down to local groups or charities with limited resources to police council decision-making to ensure due process is followed, mounting legal challenges that rely on donations when councils act unlawfully.

"However, this is where we find ourselves with authorities like BCP Council persistently ignoring not just public opinion and expert analysis but also statutory guidance. As it stands this decision has no rational evidence base, which is why Cycling UK is asking the council to reconsider, on a lawful basis, their decision to keep Whitecliff Road open to motor traffic."

BCP Council has been approached for comment.

Adam Carey