High Court dismisses claim against Kensington and Chelsea Borough Council in parking dispute


Re: Anand & Anor v Royal Borough of Kensington and Chelsea [2019] EWHC 2964 (Admin)

The claimants, trustees of the Central Gurdwara (Khalsa Jatha) London, sought a statutory review of a Traffic Management Order which imposed additional parking restrictions in the area where a Gurdwara (Sikh Temple) was located. The congregation, many of whom are elderly and less mobile, travel long distances by car to the Gurdwara. If they are unable to park, they may no longer attend, thus threatening the viability of the Gurdwara at its present site.

The Court dismissed the claim. It held that the claimants’ submission that the consultation was unlawful at common law because the questions and the information provided to consultees was inadequate. The claimants had failed to establish that the Council made a clear and unambiguous promise to them that it would not extend the controlled parking hours without further consulting the claimants. It held that the Council was not in breach of the public sector equality duty and, though some may disagree with the Council’s approach, it could not be characterised as irrational.

Nick Armstrong was involved in this case.