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Cycling UK threatens council with legal action over "unlawful" decision to keep rat-run open

The charity has penned a letter to Bournemouth, Christchurch and Poole Council (BCP) outlining its intention to challenge the decision to keep the route open to motor vehicles

Cycling UK has threatened a council with legal action if it will not reconsider its controversial decision to keep a known rat-run open to motor vehicles.

The Keyhole Bridge in Poole Park was closed to drivers under an experimental traffic restriction order (ETRO) in 2020 to improve active travel access during the pandemic. However, in December, Bournemouth, Christchurch and Poole (BCP) Council ignored a public consultation showing the majority of residents supported the permanent closure, deciding to keep the underpass open to motor traffic.

Cycling UK has written a letter before action to the council, saying that the decision of 14 December was "unlawful" and failed to take into account statutory guidance issued to highway authorities under the Network Management Act 2004.

The charity says residents were "dismayed" by its reopening to motor traffic, with one local, Paul Bradley saying "children were able to cycle and travel safely" and he "can't understand" the decision "when all the evidence points to the benefits and popular opinion is in favour".

"Children were able to cycle and travel safely while KHB was closed," he said. "I felt safer too and without rat-running traffic the streets I call home became a better place to live with a growing sense of community.

"I can't understand when all the evidence points to the benefits and popular opinion is in favour [of closing KHB to motor traffic] why the council is stubbornly refusing to budge, ignoring the evidence, public opinion and government guidance."

BCP Council opted to reopen the route to motor vehicles in March 2021 due to its assessment that the closure would cause delays of around three minutes at peak times which, it turn, would result in an economic cost of £220,000 per year.

However, a report commissioned by the Keyhole Bridge Group and authored by independent body KMC Transport Planning concluded the decision to reopen was based on flawed analysis.

The analysis by KMC suggested that the closure could result in a positive financial impact of £8.5 million over a 20-year period.

Duncan Dollimore, head of campaigns at Cycling UK, added: "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."

Commenting on the decision to reopen the route to traffic, Mike Greene, a portfolio holder for transport said the cabinet had "considered the views of all those who use this route for travel to work, school, or leisure, as well as the views of local ward councillors and all other evidence including the assessment reports appended to the cabinet report."

"On balance, cabinet considered that the benefits of retaining the access as it is outweighed the benefits of closing it to vehicular traffic," he said.

Dan is the road.cc news editor and has spent the past four years writing stories and features, as well as (hopefully) keeping you entertained on the live blog. Having previously written about nearly every other sport under the sun for the Express, and the weird and wonderful world of non-league football for the Non-League Paper, Dan joined road.cc in 2020. Come the weekend you'll find him labouring up a hill, probably with a mouth full of jelly babies, or making a bonk-induced trip to a south of England petrol station... in search of more jelly babies.

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39 comments

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chrisonabike replied to Awavey | 1 year ago
2 likes

Happy CUK camper here too - but again if your local group swings the other way I think there's room for two tribes.  Local things being important is a good thing about cycling IMHO.  And I think that is always where the main "campaigning work" / "promotion" will always be.

I'm not aware that BC is massive on the "cycling defense" / "holding councils to account"?  Although I know almost zero about them - having hitherto assumed they're "mostly about sport".  (Which is great, just not my particular focus.)

Similar yet possibly incompatible groups?  That sounds like "cycling" to me!

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Awavey replied to chrisonabike | 1 year ago
1 like

I didnt say BC challenge local councils, I said they had promoted cycling in my area, certainly more than Cycling UK have, through helping & assisting organising Breeze rides, supporting local Breeze champions, and were supporting Women on Wheels.

Consequently I feel my BC subs are being put to some use locally, despite my reservations with them as a body, whilst if i joined CUK my subs go to help some legal actions which I think are wasted anyway, but have absolutely no impact on me or my locale.

The Women on wheels initiative had to close down recently, probably due to lack of council budget, but where was the Cycling UK legal challenge for that ?

Where was the Cycling UK legal challenge when the bailey bridge link to Southwold, which is a cycling route, was out of action for months during the summer and the alternate suggested route was ride on the A12 or take a boat. It didnt even get mentioned as an issue.

It's my own personal gripe that no organisation from active travel England to BC to CUK seem to be monitoring what councils, UK wide, have done with their experimental traffic orders and the funding they received for them, because I'm aware of how much just locally was rolled back, protected lanes taken out, space given back to motorists, plans promised but never delivered, and I suspect that story is repeated UK wide but theres not even acknowledgement from any organisation this has happened, let alone some headline friendly grabbing legal challenge about it.

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hawkinspeter replied to Awavey | 1 year ago
1 like

Awavey wrote:

The Women on wheels initiative had to close down recently, probably due to lack of council budget, but where was the Cycling UK legal challenge for that ?

That's a shame, but I don't think a legal challenge would help with budget constraints anyway. Given the government talk about promoting active travel, it would be better for there to be national initiatives to get women (and others) onto bikes, although I'm not sure that I'd trust them to be any better or allocate more money.

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chrisonabike replied to Awavey | 1 year ago
1 like

Well I'm sorry about your area / Women on wheels (I'm uncertain what that was - while I can see several groups called "Women on wheels" e.g. Glasgow, Worcestershire etc. was that a local council initiative?)

Unfortunately there is no such thing as a national cycling organisation - or rather BC are it insofar as they are the governing body for the sports side.  Cycling UK are just the former "cyclists touring club" which have expanded to do more campaigning / more general support.   They don't replace or act as an organiser for all the other local cycling campaign groups or related groups like Wheels for Wellbeing.  As secret_squirrel noted they do pick a small number of specific issues - some of which may be local - and campaign on these on a bigger scale.

I've no idea how CUK they pick these things - I'm just a member, I'm not involved in the leadership.

For local issues I'd look to my local campaign and support group - I'm lucky in that it's Spokes who are well established and active.

Anyway - both CUK and BC offer some useful things like insurance etc. so if it weren't one I'd join the other anyway for that.  I know that even in NL although there is a national "cyclists' union" it isn't the same as the national cycling sport body.  The cyclists' union history page is maybe illustrative in this context:

Fietserbond wrote:

Fietsersbond started life as Eerste, Enige, Echte Wielrijders Bond (the first and one and only cycling association).  .... In 1979, the ENWB had to change its name, after the ANWB (Royal Dutch Touring Club) sued them. They changed their name to ENFB, Enige Echte Nederlandse Fietsersbond (the one and only Dutch cycling association). In 2000, they changed name again, and have since been called Fietsersbond.

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Awavey replied to chrisonabike | 1 year ago
1 like

chrisonatrike wrote:

Well I'm sorry about your area / Women on wheels (I'm uncertain what that was - while I can see several groups called "Women on wheels" e.g. Glasgow, Worcestershire etc. was that a local council initiative?)

it was a local county council led initiative part of Suffolks Most Active County of England project that brings events like the Womens Tour, Tour of Britain to the county, as well as support other physical activities like park run etc, and was similar to the other Women on wheels projects I think and the BC Breeze rides, they organised some local charity rides, as well guided rides across the region to boost and create mass participation cycling rides for women in the county. Obviously badly hit by Covid lockdowns, but I thought the outlook was still positive, and then they just announced after 8 years of running it the initiative was ceasing suddenly.

I wouldnt expect Cycling UK to mount a legal challenge on it, but where do you draw the line on decisions councils make that CUK do or wont involve themselves in ?

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chrisonabike replied to Awavey | 1 year ago
1 like

Awavey wrote:

I wouldnt expect Cycling UK to mount a legal challenge on it, but where do you draw the line on decisions councils make that CUK do or wont involve themselves in ?

Thanks - sounds like something any group - particularly a local group - could lobby on or challenge?  (Presumably lobbying for something like that to happen again - with council it may be "if it's gone it's gone" sadly?)

I've no idea who there is about that area.  Google says there's an Active Suffolk who've done something related to cycling and there's a specific campaign group (not so near Southwold...) Cycle Ipswitch.  (There's a CUK local group based on Ipswitch too but they're mostly about organising rides).

Perhaps British Cycling have the people to raise this with - after all it sounds vaguely sports / fitness related and I'd imagine that would be in line with their aims?

It would be great if there were some broader organisation across the country which could pick up all local cycling issues where there wasn't some local campaign group.  There doesn't seem to be in the UK.

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lonpfrb replied to Awavey | 1 year ago
1 like
Awavey wrote:

It's my own personal gripe that no organisation from active travel England to BC to CUK seem to be monitoring what councils, UK wide, have done with their experimental traffic orders and the funding they received for them, because I'm aware of how much just locally was rolled back, protected lanes taken out, space given back to motorists, plans promised but never delivered, and I suspect that story is repeated UK wide but theres not even acknowledgement from any organisation this has happened, let alone some headline friendly grabbing legal challenge about it.

Experimental traffic orders have left the building, no doubt. So a massive waste of tax payers contribution for little to no benefit. The few near me are all gone and no significant Active Travel have taken their place. War and the price of fuel probably had more effect on reducing motor traffic. Not that I'm arguing for the aggressive and unlawful acts of the tin o' poo.

Surely the DoT should be holding the Active Travel funding recipients to account...

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chrisonabike replied to lonpfrb | 1 year ago
2 likes

Absolutely. It's the UK here though where we've come to expect charities to step in and fill the gaps that politicians and government have left. Usually the former because they suspect its literally more than their job's worth ("controversial change") and/or the system rarely motivates them to plan more than 5 years ahead!

What did Cameron's "Big society" mean, after all?

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Muddy Ford replied to Secret_squirrel | 1 year ago
10 likes

On the basis of this statement alone, I am switching to CUK from BC. I'm fed up of councils, in particular the useless BCP and it's mouthpiece the Echo, of pandering to an aggressive minority of ignorant petrolheads believing that is what will get them votes. As can be seen from the last London Mayoral vote, the anti-cycling nonsense doesn't have the backing they think. Go CUK, take these pillocks to task!

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