23 May 2024
After the failure of Teignbridge District Council (TDC) and Devon County Council (DCC) to address the huge number of concerns raised over the proposed Queen Street pedestrianisation, the Queen Street traders and residents association (QSTAR) has been left with no option other than to engage legal advisors.
QSTAR has appointed Lodders {letter here}, the top law firm who led the successful legal challenge against Devon County Council's reversal of Totnes High Street. The attached letter was sent yesterday on behalf of QSTAR to DCC outlining the multiple failings in the Queen Street scheme which leave it open to legal challenge. These include failings in the consultation relating to the Council’s duty under section 122(1) of the Road Traffic Regulation Act 1984 (“the 1984 Act”).
Putting it bluntly, DCC and TDC failed to act on and misrepresented the consultation results, which demonstrated clearly that a strong majority of respondents did not support the proposed removal of parking and vehicular access. Other failings relate to lack of consideration of the legal responsibilities of both Councils around air pollution and public sector equality duties related to Blue Badge parking. There is also evidence of predetermination of the decision, which we believe was based on the desire to secure grant funding. Within the letter, QSTAR are requesting that the scheme be stopped or paused and meaningful consultation undertaken. This echoes the unanswered requests of Newton Abbot Town Council {letter here} , the Federation of Small Businesses {letter here} and James Timpson {letter here} OBE, which are also attached for reference.
In an attempt to diffuse the situation before it becomes a huge reputational and financial risk to both Councils, we are adding our voices once more as elected representatives and the official opposition and requesting that TDC and DCC revisit the scheme and address all the concerns outlined in order to deliver investment into Newton Abbot that carries broad support. On this basis, we request that you call an Extraordinary General Meeting at TDC as soon as is practically possible and that in the meantime, all drawdowns of Levelling Up Funding and associated works on Queen Street are paused.