HGV Ban - Legal Advice Highlights Tory County Council Failure

Legal advice has vindicated a Liberal Democrat decision to halt the implementation of a weight restriction which banned HGV's in some North Bedfordshire Villages, after it was revealed that the former Tory County Council failed to meet a string of lawful procedures for the implementation of the scheme.They did not meet requirements for signs to be in place by the time any such Order comes into force, and also failed to follow requirements that letters be sent to all those who objected to the scheme. Apparently funds were not even in place for the scheme until months after the Order was made.

In March 2009 the former Tory County Council issued a weight restriction order effectively banning HGV vehicles entering an area covering the wards of Great Barford and Renhold. This ban was never implemented and when the new unitary authority took control, the new portfolio holder for Environment and Sustainability, Cllr Charles Royden decided to call a halt to proceedings and review the scheme.

Three issues were clear

1. It seemed strange that the scheme only covered the two wards of Great Barford and Renhold. Moreover the County Council had not adopted any freight strategy which could support these proposals.

2. The implementation had caused great concern to residents living outside the two wards, petitions had been presented expressing concern that they would suffer from any displacement of HGV traffic.

3. It was important to establish that the cost of the proposals, over £120,000, delivered best value for residents considering such things as the numbers of vehicles affected, safety and enforcement.

Cllr Dave Hodgson Liberal Democrat Group Leader said: "Once again the Tory County Council are seen to have failed in their public duty and acted in a manner which was incompetent. The lack of professionalism and poor management has been highlighted in this issue where the Tory County Council not only failed to follow lawful procedures, but also proposed to ban HGV vehicles without having in place an adopted freight strategy. They behaved in a cavalier fashion without considering where the money was going to come from and subsequently treated residents who objected with contempt. Liberal Democrat Councillors will work with residents to produce a freight strategy which is fair and safe for all"

The Portfolio holder now responsible for taking forward an integrated freight strategy Lib Dem Cllr Charles Royden said: "I have been criticised by some people for giving this decision some scrutiny and now it transpires it was never lawful in the first place. Banning lorries from one village simply makes them go through another village instead. As the person responsible for ensuring a proper strategy is produced, I have to make sure that any decision is fair to all residents and we have to work to produce a strategy which puts HGV vehicles on suitable roads. It is our duty to be proactive in managing our network rather than just being reactive to individual problems."