Interim injunction to halt Cambridge’s Mill Road bridge bus gate works rejected

A campaigner who is attempting to stop the installation of a bus gate on Mill Road bridge in Cambridge has been refused a High Court injunction that would have temporarily stopped any works.

The Friends of Mill Road Bridge 2 group has launched a new legal battle against the county council’s plan to close Mill Road bridge in Cambridge to most motorised traffic.

Emma Rose, who is a member of Friends of Mill Road Bridge 2, had applied to the High Court for ‘interim relief’, which would have meant an order to stop any work on the bridge until her legal challenge is completed.

The judge refused the injunction on Thursday 28 November but has given the claimant the go ahead to continue her legal challenge against the council’s Traffic Regulation Order in court at a future date.

Ms Rose said: “The barrister had told us that success for interim relief was by no means certain, but it was felt by all involved that it was something we needed to try for given the amount of anguish this is causing to residents who are affected. We are not at all surprised by the court’s decision since the bar for success with interim relief is extremely high and my personal circumstances, while acknowledged to be real, did not carry sufficient weight to stop the juggernaut. We remain confident with the grounds that we are putting forward and the case will be heard in court.”

In October, councillors voted to approve a bus gate for Mill Road bridge following a previous High Court battle.

The decision means the bridge is due to be closed from December 1 to all motor vehicles, except buses, pedestrians, cyclists, emergency services, taxis and Blue Badge holders’ registered vehicles, with the aim of improving the environment, air quality and safety for cyclists and pedestrians.

Roadworks by county council contractors have already taken place this month to allow the installation of the bus gate, despite disruptions by protesters.

The four grounds for Ms Rose’s case against the county council’s Traffic Regulation order are:

1: That it is “unreasonable to make the TRO for reasons that are unsupported by evidence”.

2: Failure to provide legally adequate reasons.

3: The county council “erred in failing to take into account the petition conducted by the Mill Road Traders’ Association”.

4: The county council “granted the TRO for an improper motive or purpose”.

In the High Court judgement, Judge Stephen Eyre accepted that the claimant’s case met the standard necessary for the case to continue. He said: “Even though I accept that a real issue has been shown, the Claimant’s case is very far from convincing. There seems to be considerable force in the points as to the merits made in the Defendant’s response to the interim relief application.”

He also stated: “In my judgement the most significant factor here is that the decision will be reversible if the claim ultimately succeeds. If the claim succeeds the TRO will be set aside and the position on the ground restored to that currently in place.”

A spokesperson for campaigners Mill Road 4 People, who want to see the bus gate installed, said the group was “delighted that Mr Justice Eyre yesterday refused the application for interim relief from ‘Friends of Mill Road Bridge 2’ (FOMRB2). Had it been successful, it would have delayed yet further a measure which has been shown repeatedly to have widespread support.

“We hope that FOMRB2 will not waste any more of either their supporters’ or local taxpayers’ money on pursuing action that the judge has indicated is unlikely to be successful.

“Instead, we would urge them to start working on positive ideas for the improvements to Mill Rd that will be enabled by lower levels of motor traffic.

“MR4P is currently working with several other local groups and consulting with disability charities on designs for improvements to the public realm, in particular designs that prioritise the pedestrian experience. This is something that will surely be welcomed by residents, traders and shoppers alike. We are also continuing to meet with local councillors to discuss our ideas and help them shape a better Mill Rd for everyone.”
A Cambridgeshire County Council spokesperson said: “We’re pleased with the court’s decision regarding interim relief. Following the special Highways and Transport committee decision on 4 October, we’re progressing as planned.”