Challenge to parking scheme.
Held: As to section 122 of the 1984 Act, if the Defendant has not had proper regard to the matters set out in section 122(1) and (2) it did not direct its mind to matters it was bound to consider.
Section 122(1) requires the local authority to exercise its functions to secure two objectives, namely ‘the expeditious, convenient and safe movement of vehicular and other traffic’ , and ‘the provision of suitable and adequate parking facilities on and off the premises’ . The exercise of functions to achieve those twin objectives is, however, expressed to be ‘so far as practicable’, having regard to the matters specified in section 122(2).
Whether the defendant took into account the relevant statutory considerations must be ascertained primarily from the document ‘Supporting Information’ . That document constitutes the statutory statement setting out the reasons why the authority proposed to make the order, and is required to be deposited and made publicly available pursuant to Schedule 2 of the 1996 Regulations: see, in particular, paragraph 2(d) of Schedule 2. This statement of reasons must be prepared and deposited before the stage of objections is reached.
Sir Christopher Bellamy QC
[2002] EWHC 2485 (Admin)
Bailii
Road Traffic Regulation Act 1984 1 122
England and Wales
Cited by:
Cited – Wilson and Another v Yorkshire Dales National Park Authority Admn 19-Jun-2009
The claimants, who promoted responsible motorsports challenged the defendant’s Traffic Regulation Order banning vehicular traffic on certain unsealed roads in the Dales, saying that there was nothing to show that the relevant committee had taken . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 July 2021; Ref: scu.189089