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Consultation Toolkit

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Consultation Toolkit a3_11 Page 1 of 1 Consultation Toolkit Appendix 3: Case Studies Appeals against ‘inadequate’ consultation London Assembly petitions In October 2003, Assembly members presented six separate petitions to the Mayor complaining about lack of consultation in relation to: z Cross River Transit Brian Coleman ‘We, the undersigned, object to this proposal because the tram will run close to three schools, disrupt the Chalton Street Market, disrupt the summer festival and be a nonsense in residential areas.’ z West London Tram Richard Barnes ‘We, the undersigned residents of Ealing, are opposed to the diversion of traffic onto residential streets which result from any closure of the Uxbridge Road to clear space for the West London Transit scheme.’ z Bus services (G1, 361, 272) Elizabeth Howlett ‘We, the undersigned, request the Mayor of London to address the following ongoing problems regarding the G1 bus route in Broomwood Road, London SW11: 1. The size of bus is too large for safe operation in a residential road with restricted width, resulting in congestion and damage to parked cars. We request a return to the original ‘hopper’ style bus with strict adherence of the 20mph speed limit 2. The new style bus is very noisy, contrary to the promise from London Buses, of a bus with a quieter engine. This, coupled with the early and late hours of the bus, not justified by passenger numbers, causes unnecessary sleep disturbance to residents.’ Bob Neill ‘I, the undersigned, call for a bus service or bus services in the Elmers End area to 1) connect Elmers End directly to Eden Park/Village Way/ Beckenham/Bromley; 2) connect Elmers End with Crystal Palace along a direct route on the A214. We call for a trial run for this route or routes, which are similar to that formerly run by the 361, serving a substantial population of elderly people in sheltered housing and private homes in Elmers End and Eden Park and connecting them to doctors surgeries,pharmacies, hospitals, and Beckenham and Bromley shops.’ Angie Bray ‘We, the undersigned, wish this petition to register our dismay and anger over the way in which Transport for London is forcing the new 272 bus route down Emlyn and Larden Roads which are wholly unsuitable, against the expressed wishes of the residents. Transport for London has consistently ignored our views and failed to answer our questions about the research undertaken into the route and its financial viability. Meanwhile, it is also ignoring the wishes of many more residents nearby who want the new 272 bus route to run along Goldhawk and Askew Roads to supplement the poor bus service there.’ z Congestion charging Valerie Shawcross ‘We, the undersigned, call on the Mayor of London to: hold a public inquiry into the congestion charging scheme in Lambeth; carry out an environmental pollution impact assessment and a local business impact assessment; move the proposed zone boundary to the North of the Thames in Westminster; enforce the nighttime lorry ban in Kennington Lane; install speed cameras and measures to enforce the speed limit and calm the traffic on Kennington’s major roads; lift the red route parking restrictions on Saturdays and install a ‘tidal flow’ on weekdays to aid small business deliveries and customer parking at local shops.’ Next case study >> 12: A2 safety measures http://source.tfl/utils/consultation-toolkit/a3_11.htm 07/05/2009 a3_12 Page 1 of 1 Consultation Toolkit Appendix 3: Case Studies Communicating after implementation A2 safety measures TfL received numerous emails from irate drivers in late 2001/early 2002 about safety measures introduced on the A2 in Bexley, who felt they had neither been consulted nor told why the changes had been introduced and that the scheme had been dreamt up by people with no experience of the area who were unaware of what was happening once the scheme had gone live. These sort of perceptions need to be addressed. Next case study >> 13: Romford school bus stop http://source.tfl/utils/consultation-toolkit/a3_12.htm 07/05/2009 a3_13 Page 1 of 1 Consultation Toolkit Appendix 3: Case Studies Communicating after implementation Romford school bus stop In November 2002 TfL introduced changes to a bus route in Romford. The bus route served a local school and the buses used the car park to drop children off. The changes moved the drop-off point to a nearby bus stop that meant pupils had to cross a busy road to reach the school. The Headmaster claimed that insufficient consultation had been done. London Buses reinstated the original arrangement and apologised to the school and concerned parents for the error. This quick action to put things right was much appreciated. Next case study >> 15: Traffic order http://source.tfl/utils/consultation-toolkit/a3_13.htm 07/05/2009 a3_14 Page 1 of 1 Consultation Toolkit Appendix 3: Case Studies Common law principles P10 bus route The Queen v London Transport Buses Ex Parte Polubinski and Others Application for Judicial Review, 16 January 1998 The Applicants were residents of an estate in North London. The Respondent, London Transport Buses (LTB) had re-routed one of its services through the estate. The Applicants applied for judicial review of the decision to re-route the bus. LTB successfully opposed the application for judicial review and satisfied the Court that the consultation process was carried out correctly. However, there are lessons to be learned from the Judgement as the Judge found that various letters sent by LTB personnel were somewhat misleading or confusing. Specifically some of the wording in LTB’s letters gave the impression that LTB was not acting correctly in that it had made up its mind to introduce a new route irrespective on the outcome of consultation. Further, a letter dated 3 June appeared to contradict a letter dated 2 June by suggesting that a decision was about to be made when the earlier letter to a different individual indicated that a decision had already been made. When a number of letters are produced for scrutiny by a judge, adverse inferences may be drawn very easily. In this case the Judge did draw such inferences and as a result did not award costs in the Respondents favour. Next case study >> 15: Traffic order http://source.tfl/utils/consultation-toolkit/a3_14.htm 07/05/2009 a3_15 Page 1 of 1 Consultation Toolkit Appendix 3: Case Studies Common law principles Traffic order R (on the application of Wainwright) v Richmond Upon Thames London BC [2001] ALL ER 151 The appellant local authority approved a proposal for a toucan crossing and associated works under sections 6 and 23 of the Road Traffic Regulation Act 1984. Section 23 required the local traffic authority to give public notice of its proposal. All parties accepted that the council’s duty to consult arose from representations it had made that it would consult in respect of this particular proposal (legitimate expectation). The system adopted by the council to notify and consult the public contained four main elements; press notices, site notices, individual notification and reports to interested groups. The judge in the first court concluded that the consultation process was flawed in that the authority had sent out an insufficient number of mailings to all of the residents, site notices were posted after the deadline for comments, the location was not adequately identified in newspaper advertisements and one of the advertisements did not specifically invite comments or representations from interested persons. The application for judicial review was allowed and the decision to approve the crossing was quashed. The council appealed. The Court of Appeal concluded that the only respect in which the council could be said to be in breach of its duty to notify and consult was in failing to organise and carry out an adequate mailing of local residents in the area. However, it allowed the appeal as even if the council had complied fully with its duty it was highly unlikely that it would have reached a different decision. Despite the Court of Appeal overturning the earlier decision, the case highlights the importance of carrying out adequate notification and consultation processes. In particular useful points can be identified in respect of mailings. The Court of Appeal stated that although there may be difficulties in identifying how many residents there are in a house, it is not asking too much for an authority to instruct the person who is carrying out the mailing to ensure that one leaflet is delivered for each flat. Next case study >> 16: Crossrail line 1 http://source.tfl/utils/consultation-toolkit/a3_15.htm 07/05/2009 a3_16 Page 1 of 1 Consultation Toolkit Appendix 3: Case Studies Presenting your proposal Crossrail line 1 [click this link to view the Crossrail line 1: stakeholder consultation, May 2002 as an Acrobat (PDF) file] A good example of a consultation document on a major scheme was Crossrail line 1: stakeholder consultation published in May 2002.[The consultation document is available here as an Acrobat (PDF) file.] This 24-page report, illustrated with numerous maps, sets out clearly the objectives of the project and takes the reader through the preliminary sifting process and the reasons for rejecting particular approaches. It then provides details of the options on the short list, looking at key areas served; key interchanges; impact on other services; engineering implications and benefits. Finally, it sets out the basis on which decisions will be taken and asks for comments. carrying out the mailing to ensure that one leaflet is delivered for each flat. Extracts from ‘Crossrail line 1: stakeholder consultation’ report, May 2002 Next case study >> 17: Private hire driver licensing http://source.tfl/utils/consultation-toolkit/a3_16.htm 07/05/2009 a3_17 Page 1 of 1 Consultation Toolkit Appendix 3: Case Studies Presenting your proposal Private hire driver licensing The consultation paper on private hire driver licensing, issued in June 2001, contains a full list of those to whom the consultation had been sent, and a statement that respondents should expect that the contents of their responses may be made public.
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