CROYDON IN CRISIS: Judge Edward Pepperall has handed down his ruling in the case brought against the borough’s Low Traffic Neighbourhoods and found that comments by Mayor Jason Perry proved that the measures were introduced to make money for the cash-strapped council

Mayor Jason Perry’s big mouth and lack of brains look to have cost cash-strapped Croydon Council tens of millions of pounds.

In a devastating ruling handed down by a High Court judge, Hon Mr Justice Pepperall, Croydon Council has been ordered to remove its six LTNs – Low Traffic Neighbourhoods – which Perry’s council made permanent in 2024.

Big mouth: it was comments made by Jason Perry himself that persuaded the High Court judge to make his ruling to quash Croydon’s LTNs

The judge’s ruling is overtly critical of Jason Perry, and his shifting position and contradictory comments, from the time when he was an opposition councillor, to after he was elected Mayor and opted to keep the schemes and the £10million-plus revenue they were expected to generate.

The council could now face having to refund all the fines it has levied on motorists, going back to when the LTNs, in Addiscombe, Broad Green and South Norwood, were introduced as covid emergency measures in 2020.

The High Court challenge was brought in the name of Karen Lawrence, a member of the Open Our Roads group, who claimed that the council misused their powers under the Road Traffic Regulation Act 1984 in respect of revenue generation. The case was heard at the Royal Courts of Justice on December 4, with the ruling only released yesterday.

The case put before the judge was that the LTNs were “dressed up” as having environmental benefits but were used “for the dominant purpose” of raising millions of pounds from the £160-a-time Penalty Charge Notice fines – described as a “fat financial cow” to balance the bankrupt borough’s books.

Quashing order: High Court judge Mr Justice Pepperall

In his ruling, Judge Pepperall says: “Taking the relatively modest benefits of the schemes into account together with the Mayor’s apparent lack of public enthusiasm for the road safety or health case for these schemes, and his clear and repeated comments before and after the vote as to his hands being tied by the budgetary considerations, I am satisfied on the balance of probabilities that the dominant purpose for these orders making the schemes permanent was the need to safeguard the revenue raised by enforcement.

“Such purpose was unlawful and I therefore quash the orders.”

Singling out Croydon’s failed Mayor in the ruling will be hugely embarrassing for Tory Perry, and comes exactly nine weeks before he will seek another four-year term in the local elections.

Four years ago, when campaigning to be elected as Croydon Mayor, populist Perry made a manifesto promise to remove the LTNs, “from Day One”, he said.

It was the contradictory comments made by Perry once elected as Mayor that Open Our Roads relied on in court to prove their case.

At one public meeting, Perry admitted that the council needed the millions of pounds in income the schemes had been generating. “£20million of future income… would have to be replaced,” Perry said. Out loud. With an audience.

Income-generation is not a legal reason for having road schemes. Croydon’s roads department projected annual income from fines from motorists of up to £10.7million over four years.

Kevin Leigh, the barrister acting on behalf of Open Our Roads, told the court last December, “It’s clearly about the money. That’s the driver here. It’s not coincidental that this happened at the same time the council was in dire financial straits. There’s an ulterior motive.”

Long sentence: the judge referred to the case as a ‘procedural dog’s breakfast’, as lawyers for the council tried to have it thrown out

The LTNs were made permanent in February 2024, with official council reports confirming the amounts of fines expected to be generated from enforcement notices sent to motorists who enter the designated roads.

Leigh said the council had “put these traffic orders in place expecting them to be breached regularly” and claimed they were having “Draconian effects” on residents. “They can’t get to their homes, people can’t visit them, and all the traffic gets pushed out into the surrounding area,” the lawyer said.

Candid cameras: Croydon’s LTNs may now have to be removed, depending on whether the council appeals

And the court heard that Perry’s public admission was of great significance. “Even the Mayor has effectively acknowledged the importance behind the council not wanting to let go of this fat financial cow.

“You can’t get better evidence than that.”

It appears that Judge Pepperall agreed.

A previous Judicial Appeal against Croydon’s LTNs was dismissed on a legal technicality, and Judge Pepperall referred to this case as “something of a procedural dog’s breakfast”.

His ruling on the matter in hand comes only after 90 paragraphs covering  legal procedural matters, including which court the application should have been made to (Planning, as it happens) and whether it was in time (it wasn’t), and some criticism of the conduct of Croydon’s case. Stephen Lawrence-Orumwense, the council’s senior legal official, and Perry have a dismal record in the High Court.

And it appears that Judge Pepperall is unimpressed with Mayor Perry: “The schemes were controversial. In opposition, Conservative Councillor Jason Perry criticised the then Labour administration for the introduction of the schemes.

“In seeking election as Mayor, Councillor Perry frequently campaigned on the issue. He then said that he would like to remove all Low Traffic Neighbourhood schemes on the first day that he became Mayor and only reintroduce any scheme that had local backing and would achieve its stated purposes.

“While that was his wish, he cautioned: ‘However, owing to how Labour has constructed their budget this is simply not possible. There is well over £20million of future income within the budget which would have to be replaced if this happened’.”

Whoops.

And the High Court judge also highlights how Perry lied to the public once he was elected. “He said that he did not support the schemes but did not pledge to remove them.”

Whoops.

The judge even quotes Perry’s porky: “I did not at any point say that I would remove all the [Low Traffic Neighbourhood schemes] because I just knew it was not a pledge that I could uphold.”

Oh dear.

Later in his ruling, Judge Pepperall writes: “There is no doubt that the traffic scheme has raised significant revenue. That does not of itself make it unlawful.”

Have we got news for you: how the Torygraph reported Perry’s shifting position

And referring to the 2024 council report to Perry’s council cabinet which recommended making six LTNs permanent, the judge says: “It is common ground that there was nothing in the report or in the approved minutes to indicate that the council’s decision was influenced by the desire to raise revenue…

“It is fair to say that the officer’s report identified tangible, but perhaps modest, road safety and health benefits. It is not, however, for the court to weigh those arguments. That was a policy decision for the cabinet.

Caught out: Open Our Roads was successful in proving Mayor Perry to be a liar

“If I were satisfied that the cabinet accepted the officer’s recommendations for the reasons that he gave in his report and kept out of mind the illegitimate consideration of the financial benefit of the schemes, then I would dismiss this claim.”

But the judge did not dismiss the claim. In paragraph 111 of the judgement, Perry’s shifting stance over LTNs, and his contradictory comments, are laid bare for all to see.

Croydon Council has 21 days in which to appeal the ruling.

Open Our Roads issued a statement in which they said, “Residents deserve transparency and decisions based on evidence, not financial necessity.”

The organisation has called on the council to suspend all enforcement and remove all six schemes immediately and to begin a process for refunding fines issued under the now-quashed LTN orders.

Inside Croydon approached Croydon Council and Mayor Perry for comment.

We also asked Mayor Perry if he would now resign.

Neither the council nor the £86,000 per year Mayor has responded by the time of publication.

• Click here to read the judge’s ruling, and opinion of Croydon’s Mayor, in full

Read more: Council failed to include High Court LTN case on risk register
Read more: Mayor Perry on trial: LTN admission could cost council millions
Read more: The next battle in the culture wars? Traffic bollards
Read more: London’s toxic air is ‘a public health emergency’ says charity

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