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Legal challenge launched and protests planned against Velo South

Closed road event will see 15,000 cyclists ride 100 miles through West Sussex later this month

With little more than a fortnight to go until the inaugural edition of the closed road sportive Velo South in West Sussex on 23 September, some locals opposed to the event are launching a legal challenge to try to stop it from taking place as well as a “walking protest” on the day.

The event will see 15,000 cyclists tackle a 100-mile route through the county, but the West Sussex County Times reports that solicitors acting on behalf of a group of local residents have delivered a pre-action letter to West Sussex County Council (WSCC).

The action is being taken by residents who are concerned that road closures associated with the event will prevent them being able to use their cars on the day and will also affect local businesses.

The solicitors’ letter includes “an urgent application for interim relief prohibiting the event from taking place, pending the final determination of the proceedings.”

The letter adds: “As such, any additional costs incurred by either WSCC or CSM towards the preparation of the event is now entirely at your own risk.”

A spokesman for West Sussex County Council, quoted in the newspaper, said: “On Friday, August 31, the county council received a letter from lawyers instructed by five residents.

“The letter makes a number of claims on behalf of those individuals about the procedure and arrangements for enabling road closures in connection with the proposed Velo South cycle event.

“The county council will, in accordance with the formal process in which the letter has been sent, consider its content and provide a full response to the lawyers as required.

“Given that such a formal legal process has now been commenced it will not be appropriate for the council to comment further on the letter at this stage.”

A website, Stop Velo South, encourages people to download and deliver letters outlining objections to the event to deliver to their neighbours, to put posters in their windows and to take part in a “walking protest.”

The website says that “A safe and legal walking protest has been registered with West Sussex Police.

“A walking protest is planned on the day which will be peaceful, legal and within our statutory rights. 

“We encourage you to speak with your feet and walk with us.

“Exact details will be published nearer the event,” it adds.

Chris Matthews, one of the organisers of Stop Velo South, claims that the group now has more than 3,000 members.

Last week, he told the Midhurst and Petworth Observer: “The thing that surprised us is you’d expect fatigue would set in, that people would become more resigned to the event happening, but people are getting angrier as the day approaches because more and more people are discovering that it’s going to happen.”

Velo South is run by CSM Events, and a spokesman for the company told Spirit FM: "We are working closely with our partners West Sussex County Council, Chichester and Horsham District Councils and Parish Councils to deliver an event we hope will raise substantial amounts for charity and boost health, tourism and the economy within the West Sussex region.

“Over 162,000 leaflets have been distributed to residents and businesses across the whole route since February and numerous ‘roadshows’ have been held to communicate details about the event and the necessary road closures.

“We will assist residents or businesses that are affected wherever possible," he continued. "Should residents or businesses along the Velo South route have any specific concerns about access during the day they are encouraged to email route [at] velosouth.com.

The spokesman added: “Emergency services representatives have been involved in the entire Velo South planning process and services responding to any kind of emergency will be facilitated by the organisers, managed from the Event Control Room in partnership with emergency service representatives.”

CSM Events also organised last year’s Velo Birmingham which encountered similar protests.

Tacks and oil were spread on the route of the event last September, although it received an overwhelmingly positive reception and not just from particpants.

Rachel Farrow, who lives in the Worcestershire village of Little Witley, told road.cc that prior to Velo Birmingham, “the local press seemed to be on a mission to stoke the negative feelings with a rather anti cycling agenda.”

But she said that it had “generated a real buzz in our community,” that her children had been able to ride their bikes through their home village “which just isn’t possible usually due to the traffic that comes in off the main road.”

> Velo Birmingham saboteurs fail to spoil day for riders and locals

She added that while road closures meant taking a detour while travelling by car to a christening on the day of the event, “really it wasn’t that much hassle.”

It had been planned for Velo Birmingham to return for this year, but in February organisers said that it would instead be postponed until 2019 with a new route.

> No repeat of Vélo Birmingham this year - but event will return in spring 2019 and on a new route

We have asked CSM Events for their reaction to thee protests against Velo South.

Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.

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89 comments

Avatar
BehindTheBikesheds | 5 years ago
6 likes

So a political act of selfishness that is in fact designed to obstruct others, I call that unlawful and not legal.

ok, if that's how you want to play it, let's encourage those 15,000  to turn up on Monday morning around 6am and cycle 4 abreast in  both directions which is not unlawful nor illegal and get them to ride at a nice steady 10mph at various strategic points on the network, not even as a protest, simply wanting to get from A-B.

You have no lawful right to go any faster than some one on bike just as you will be making out that one cannot cycle faster than on foot. Or cycle past in single file along people's driveways so they can't pull out. Again no protest, simply using the highway lawfully.

Fucking NIMBYS, I hope they build a new town right on your doorstep, then you'll have something to maon about twats!

Avatar
burtthebike replied to BehindTheBikesheds | 5 years ago
1 like

BehindTheBikesheds wrote:

So a political act of selfishness that is in fact designed to obstruct others, I call that unlawful and not legal.

ok, if that's how you want to play it, let's encourage those 15,000  to turn up on Monday morning around 6am and cycle 4 abreast in  both directions which is not unlawful nor illegal and get them to ride at a nice steady 10mph at various strategic points on the network, not even as a protest, simply wanting to get from A-B.

That would very likely be looked on by the courts as obstruction, which is illegal.

Avatar
brooksby replied to burtthebike | 5 years ago
0 likes

burtthebike wrote:

BehindTheBikesheds wrote:

So a political act of selfishness that is in fact designed to obstruct others, I call that unlawful and not legal.

ok, if that's how you want to play it, let's encourage those 15,000  to turn up on Monday morning around 6am and cycle 4 abreast in  both directions which is not unlawful nor illegal and get them to ride at a nice steady 10mph at various strategic points on the network, not even as a protest, simply wanting to get from A-B.

That would very likely be looked on by the courts as obstruction, which is illegal.

Not if it wasn't actually organised, flash mob style (do people still do that?)

Avatar
burtthebike replied to brooksby | 5 years ago
0 likes

brooksby wrote:

burtthebike wrote:

BehindTheBikesheds wrote:

So a political act of selfishness that is in fact designed to obstruct others, I call that unlawful and not legal.

ok, if that's how you want to play it, let's encourage those 15,000  to turn up on Monday morning around 6am and cycle 4 abreast in  both directions which is not unlawful nor illegal and get them to ride at a nice steady 10mph at various strategic points on the network, not even as a protest, simply wanting to get from A-B.

That would very likely be looked on by the courts as obstruction, which is illegal.

Not if it wasn't actually organised, flash mob style (do people still do that?)

As I understand it, obstruction can be caused by a single vehicle, so I'm not sure why you think it has to be organised to be an offence.  Perhaps the authorities do turn a blind eye to some other similar protests, but that is no guarantee that they'll do it again.

Avatar
brooksby replied to burtthebike | 5 years ago
0 likes

burtthebike wrote:

brooksby wrote:

burtthebike wrote:

BehindTheBikesheds wrote:

So a political act of selfishness that is in fact designed to obstruct others, I call that unlawful and not legal.

ok, if that's how you want to play it, let's encourage those 15,000  to turn up on Monday morning around 6am and cycle 4 abreast in  both directions which is not unlawful nor illegal and get them to ride at a nice steady 10mph at various strategic points on the network, not even as a protest, simply wanting to get from A-B.

That would very likely be looked on by the courts as obstruction, which is illegal.

Not if it wasn't actually organised, flash mob style (do people still do that?)

As I understand it, obstruction can be caused by a single vehicle, so I'm not sure why you think it has to be organised to be an offence.  Perhaps the authorities do turn a blind eye to some other similar protests, but that is no guarantee that they'll do it again.

OK, I did not know that. 

Avatar
burtthebike replied to brooksby | 5 years ago
2 likes

brooksby wrote:

BehindTheBikesheds wrote:

As I understand it, obstruction can be caused by a single vehicle, so I'm not sure why you think it has to be organised to be an offence.  Perhaps the authorities do turn a blind eye to some other similar protests, but that is no guarantee that they'll do it again.

OK, I did not know that. 

And on the other hand, walking slowly in the road could also constitute obstruction of the highway.  Sauce for the goose anyone?

Avatar
alansmurphy replied to burtthebike | 5 years ago
7 likes

burtthebike wrote:

brooksby wrote:

BehindTheBikesheds wrote:

As I understand it, obstruction can be caused by a single vehicle, so I'm not sure why you think it has to be organised to be an offence.  Perhaps the authorities do turn a blind eye to some other similar protests, but that is no guarantee that they'll do it again.

OK, I did not know that. 

And on the other hand, walking slowly in the road could also constitute obstruction of the highway.  Sauce for the goose anyone?

 

I see literally thousands of single vehicles blocking the motorway most days - they're awesome at it!

 

I wouldn't worry about the walking protest, how will they drive to the start point?

 

Avatar
ConcordeCX replied to burtthebike | 5 years ago
3 likes

burtthebike wrote:

BehindTheBikesheds wrote:

So a political act of selfishness that is in fact designed to obstruct others, I call that unlawful and not legal.

ok, if that's how you want to play it, let's encourage those 15,000  to turn up on Monday morning around 6am and cycle 4 abreast in  both directions which is not unlawful nor illegal and get them to ride at a nice steady 10mph at various strategic points on the network, not even as a protest, simply wanting to get from A-B.

That would very likely be looked on by the courts as obstruction, which is illegal.

an event similar to Critical Mass would probably be lawful. This article outlines the case, and also mentions obstruction:

https://www.cyclistsdefencefund.org.uk/on-legality-londons-critical-mass

 

Avatar
burtthebike replied to ConcordeCX | 5 years ago
0 likes

ConcordeCX wrote:

That would very likely be looked on by the courts as obstruction, which is illegal.

an event similar to Critical Mass would probably be lawful. This article outlines the case, and also mentions obstruction:

https://www.cyclistsdefencefund.org.uk/on-legality-londons-critical-mass

[/quote]

Thanks, I think.  I read most of that, including the conclusions, and am no clearer about whether it would be obstruction or not.  As it says, there doesn't appear to be any case law to cover this.

Avatar
rogermerriman replied to burtthebike | 5 years ago
1 like

burtthebike wrote:

ConcordeCX wrote:

That would very likely be looked on by the courts as obstruction, which is illegal.

an event similar to Critical Mass would probably be lawful. This article outlines the case, and also mentions obstruction:

https://www.cyclistsdefencefund.org.uk/on-legality-londons-critical-mass

Thanks, I think.  I read most of that, including the conclusions, and am no clearer about whether it would be obstruction or not.  As it says, there doesn't appear to be any case law to cover this.

[/quote]

 

It's somewhat different in this case, since the road is closed, for an event, and agreed and paid/orgnised with councils and so on.

 

I suspect as long as protesters didn't cause too much trouble the police wouldn't be too concerned folks are allowed to protest after all.

 

I suspect that any laws would be more order/unrest sort than your on a closed road type.

Avatar
APE1 replied to BehindTheBikesheds | 5 years ago
0 likes

BehindTheBikesheds wrote:

So a political act of selfishness that is in fact designed to obstruct others, I call that unlawful and not legal.

ok, if that's how you want to play it, let's encourage those 15,000  to turn up on Monday morning around 6am and cycle 4 abreast in  both directions which is not unlawful nor illegal and get them to ride at a nice steady 10mph at various strategic points on the network, not even as a protest, simply wanting to get from A-B.

You have no lawful right to go any faster than some one on bike just as you will be making out that one cannot cycle faster than on foot. Or cycle past in single file along people's driveways so they can't pull out. Again no protest, simply using the highway lawfully.

Fucking NIMBYS, I hope they build a new town right on your doorstep, then you'll have something to maon about twats!

 

So an act of selfishness by cyclists proposed I suggest we get the tractors out en masse. Won't comment on the rest of your comments as they are rather ridiculous, take it you must be thick.

Avatar
ficklewhippet replied to APE1 | 5 years ago
5 likes

APE1 wrote:

BehindTheBikesheds wrote:

So a political act of selfishness that is in fact designed to obstruct others, I call that unlawful and not legal.

ok, if that's how you want to play it, let's encourage those 15,000  to turn up on Monday morning around 6am and cycle 4 abreast in  both directions which is not unlawful nor illegal and get them to ride at a nice steady 10mph at various strategic points on the network, not even as a protest, simply wanting to get from A-B.

You have no lawful right to go any faster than some one on bike just as you will be making out that one cannot cycle faster than on foot. Or cycle past in single file along people's driveways so they can't pull out. Again no protest, simply using the highway lawfully.

Fucking NIMBYS, I hope they build a new town right on your doorstep, then you'll have something to maon about twats!

 

So an act of selfishness by cyclists proposed I suggest we get the tractors out en masse. Won't comment on the rest of your comments as they are rather ridiculous, take it you must be thick.

 

Calm down you wally.

Avatar
abrooks | 5 years ago
1 like

I did the Velo Birmingham event last year and I have to say the overwhelming impression was of local support.  In particular one or two of the towns embraced the event and had massive crowds as a result and those away from towns that were 'trapped' by the closed roads took the opportunity to set up chairs and tables by the road and cheer people on.  It was awesome.

 

Hopefully some of the people intending to protest Velo South will be reading this forum and might choose to reflect: a massive number of people riding the event will be raising money for charity.  Ride London 2017 raised almost £13 million and I imagine the Birmingham Velo was similar given the number of riders with Macmillan jerseys on.  That is what you are protesting against.  Enjoy your day!

Avatar
APE1 replied to abrooks | 5 years ago
0 likes

abrooks wrote:

I did the Velo Birmingham event last year and I have to say the overwhelming impression was of local support.  In particular one or two of the towns embraced the event and had massive crowds as a result and those away from towns that were 'trapped' by the closed roads took the opportunity to set up chairs and tables by the road and cheer people on.  It was awesome.

 

Hopefully some of the people intending to protest Velo South will be reading this forum and might choose to reflect: a massive number of people riding the event will be raising money for charity.  Ride London 2017 raised almost £13 million and I imagine the Birmingham Velo was similar given the number of riders with Macmillan jerseys on.  That is what you are protesting against.  Enjoy your day!

 

Give money to charity if that is the point you don't need to ride a bike to donate to charity

Avatar
ktache replied to APE1 | 5 years ago
4 likes

APE1 wrote:

abrooks wrote:

I did the Velo Birmingham event last year and I have to say the overwhelming impression was of local support.  In particular one or two of the towns embraced the event and had massive crowds as a result and those away from towns that were 'trapped' by the closed roads took the opportunity to set up chairs and tables by the road and cheer people on.  It was awesome.

 

Hopefully some of the people intending to protest Velo South will be reading this forum and might choose to reflect: a massive number of people riding the event will be raising money for charity.  Ride London 2017 raised almost £13 million and I imagine the Birmingham Velo was similar given the number of riders with Macmillan jerseys on.  That is what you are protesting against.  Enjoy your day!

 

Give money to charity if that is the point you don't need to ride a bike to donate to charity

Though it is somewhat difficult to get sponsored to sit on your fat arse.

Avatar
zero_trooper | 5 years ago
1 like

A walking protest? Naah, what they need is a 'riding protest'. On horses. Now that would make the Daily Mail angel

Avatar
Beecho | 5 years ago
4 likes

Hadn’t planned to, but cameras front and back it is then. And ride like a demon to finish before they run out.

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Chris Hayes | 5 years ago
3 likes

....I suppose they'll get their 150 minutes exercise too then - but they're probably too lazy to walk anyway.  We're closed off fairly regularly in Central London - Marathon, Triathlon, RideLondon, Tour of Britain: it's fantastic - vehicular silence, interupted by the whirr of freewheeling and the odd cheer!  (Don't know what the Marathon sounds like, we usually head to the coast for the day).

Avatar
kil0ran | 5 years ago
3 likes

What did they expect? Midhurst & Petworth are Gammon Central. Odd places.

Avatar
john1967 | 5 years ago
3 likes

#wankers

Avatar
ErnieC replied to john1967 | 5 years ago
4 likes
john1967 wrote:

#wankers

Don't knock masturbation, it's sex with someone you love.

Avatar
burtthebike replied to ErnieC | 5 years ago
0 likes

ErnieC wrote:
john1967 wrote:

#wankers

Don't knock masturbation, it's sex with someone you love.

You could at least attribute the source of this ancient joke.

Avatar
Tom_r_k | 5 years ago
8 likes

Sad how 5 people can try and stop the fun for literally 10,000 cyclists. 

Plus people moan about the impact of the route but I know someone who owns a shop in near Stourbridge where the Birmingham one was and they said how busy it was as you had a lot of interested people come to see and there was lots of footfall in his shops and a lot of people come to the area when usually on a Sunday they wouldn't be in the area. I think people need to think of the positives for once

Avatar
APE1 replied to Tom_r_k | 5 years ago
0 likes

Tom_r_k wrote:

Sad how 5 people can try and stop the fun for literally 10,000 cyclists. 

Plus people moan about the impact of the route but I know someone who owns a shop in near Stourbridge where the Birmingham one was and they said how busy it was as you had a lot of interested people come to see and there was lots of footfall in his shops and a lot of people come to the area when usually on a Sunday they wouldn't be in the area. I think people need to think of the positives for once

 

It is effecting a lot more than 5 people. By your logic though if 10,000 people want to cause a nuisance = that's okay. It's a rural area with many farms and farmland being effected with no consideration of their working daily lives. Goodwood racetrack would have been a better alternative.

Avatar
burtthebike | 5 years ago
11 likes

Godawful amateur website, with some of the text very difficult to read.

Still, nice to know that with the NHS on its knees, 81k dead from austerity, drivers getting away with murder because there are no police, councils going bust and a government which, to put it as politely as I can, is in a tailspin, these people think that a cycling event is the real problem.  Private Fraser was right.

Avatar
EM69 replied to burtthebike | 5 years ago
1 like

burtthebike wrote:

Godawful amateur website, with some of the text very difficult to read.

Still, nice to know that with the NHS on its knees, 81k dead from austerity, drivers getting away with murder because there are no police, councils going bust and a government which, to put it as politely as I can, is in a tailspin, these people think that a cycling event is the real problem.  Private Fraser was right.

Love it...

Avatar
TedBarnes | 5 years ago
3 likes

5 people instructing the solicitors. 3000 supposed members of the group opposing it. 

vs

15,000 confirmed riders (the website says General and Fast Track Entries are sold out, but possible places still via charities or putting in a business team). 

So, on a simple democracy argument, 15,000 is more than 3,000. 

 

I do think any judge will take into account the fact that this action is being taken very late in the day. It's not clear what specific legal action is proposed, but if it's a judicial review of the Council's decision, then the usual time limit is you need to start court proceedings within 3 months of the decision. I'd have assumed that these decisions were taken many months ago by the council

However, the WS County Times story includes "Now the five residents have instructed solicitors who have written a ‘pre-action letter’ to WSCC chairman Lionel Barnard warning if the road closure orders are made, a legal challenge will follow." I struggle to believe that the road closure orders haven't already been made, but if not, then obviously they can still judicially review them, even if the broad plans have been known for some time. 

 

To be fair, the Stop Velo South website does make some vaguely rational arguments that this is a private, for profit company organising it and that it's not inclusive - non-standard bikes are not allowed for example. But I have to say my (strong) suspicion is that's not what's driving the complaints... 

 

Avatar
APE1 replied to TedBarnes | 5 years ago
0 likes

gw42 wrote:

5 people instructing the solicitors. 3000 supposed members of the group opposing it. 

vs

15,000 confirmed riders (the website says General and Fast Track Entries are sold out, but possible places still via charities or putting in a business team). 

So, on a simple democracy argument, 15,000 is more than 3,000. 

 

I do think any judge will take into account the fact that this action is being taken very late in the day. It's not clear what specific legal action is proposed, but if it's a judicial review of the Council's decision, then the usual time limit is you need to start court proceedings within 3 months of the decision. I'd have assumed that these decisions were taken many months ago by the council

However, the WS County Times story includes "Now the five residents have instructed solicitors who have written a ‘pre-action letter’ to WSCC chairman Lionel Barnard warning if the road closure orders are made, a legal challenge will follow." I struggle to believe that the road closure orders haven't already been made, but if not, then obviously they can still judicially review them, even if the broad plans have been known for some time. 

 

To be fair, the Stop Velo South website does make some vaguely rational arguments that this is a private, for profit company organising it and that it's not inclusive - non-standard bikes are not allowed for example. But I have to say my (strong) suspicion is that's not what's driving the complaints... 

Not a cohesive arguement. For a start there are more than 3,000 people effected by the closed roads. Secondly just because 15,000 people want to be a nuisance doesn't give them a democratic right. The roads are too narrow, too small - why does everyone want to ride together - what's the point? Don't tell me it's for charity because the solution is simply donate to charity anyway. 

 

 

Avatar
don simon fbpe | 5 years ago
6 likes

Selfish twats! Here's hoping the court tells them to fuck off, in legalese obvs. On second thoughts tells them straight to " fuck off".

Avatar
brooksby replied to don simon fbpe | 5 years ago
7 likes

don simon wrote:

Selfish twats! Here's hoping the court tells them to fuck off, in legalese obvs. On second thoughts tells them straight to " fuck off".

"I would refer counsel to the matter of Arkell vs Pressdram "  1

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