Government facing legal challenge over withdrawal of active travel statutory guidance

A judicial review challenge of the Department for Transport's decision to withdraw active travel guidance supporting travel by foot and bicycle has been launched.

Campaigner, Dale Vince, claims that the withdrawal has left local authorities with no guidance to help them meet green travel objectives that still stand in other policy documents.

The statutory guidance to councils ‘Network Management to Support Active Travel’ was introduced in 2020, under the Traffic Management Act 2004, to protect health and cut pollution during the Covid 19 pandemic.

It was updated in 2022 to build on and embed increases in walking and cycling to meet climate and air quality targets.

It was brought in alongside the government’s ‘Gear Change’ document, which laid out a plan to deliver a lasting increase in cycling and walking in England.

Throughout 2021 and 2022, the guidance was updated to further embed permanent responsibility to support active travel, helping to interlock several statutory obligations including active travel, addressing the climate impact of transport and improving air quality.

Vince, who founded green energy firm Ecotricity, claims that the decision to axe the guidance in October 2023 was part of efforts to reduce focus on Low Traffic Neighbourhood (LTN) policies.

Transport Action Network initially threatened a judicial review challenge to the withdrawal of the statutory guidance with a pre-action protocol letter to the Secretary of State for Transport.

Vince has now taken up the legal claim and is represented by Leigh Day solicitors and supported by Green Britain Campaign.

He is arguing the following five grounds in the judicial review application:

• The decision to axe the guidance frustrated the statutory purpose to secure the efficient movement of traffic
• There was another illegitimate reason for axing the guidance
• The decision to withdraw the guidance pre-empted a review into LTNs
• The decision was irrational
• There was no public consultation before the decision to withdraw the statutory guidance was taken

Leigh Day solicitor Rowan Smith, said: “All modes of transport that use the road network, including walking and cycling, should be protected under the legislation, yet this decision – so our client argues – goes against that statutory purpose.

“Our client is a strong advocate for improved air quality, but the withdrawal of the guidance, and the support for cleaner modes of travel that previously brought, risks undermining statutory air quality targets and carbon budgets. We hope the Court agrees that these issues warrant full scrutiny at a hearing.”

Leigh Day has instructed Estelle Dehon KC of Cornerstone Barristers and Jessica van der Meer of 2 Temple Gardens.

The Department for Transport has been approached for comment.

Adam Carey