Surrey County Council and the Royal Borough of Windsor & Maidenhead have gone head to head in a court battle over Windsor & Maidenhead’s plans to stop heavy goods vehicles from using a short stretch of road close to an area that Surrey had earmarked for redevelopment.
Surrey says the restriction will force HGVs onto unsuitable roads that is is responsible for. Windsor & Maidenhead says it is improving road safety.
Earlier this year Windsor & Maidenhead placed an order on a 200m length of Chobham Road limiting its use to vehicles under 7.5 tonnes. The northern section of Chobham Road is under Surrey County Council’s responsibility, while the southern section is administered by Windsor & Maidenhead.
The section at the centre of this dispute is in the Windsor & Maidenhead part of the road, near the Surrey section. It is also close to a large site on the Surrey side that has been earmarked for redevelopment.
The stretch of road bends left and right, crosses a railway and goes under a passenger footbridge. At the point where the road crosses the railway the carriageway is less than 7m wide. Windsor & Maidenhead imposed the weight restriction in February, saying it would remove the possibility that two heavy goods vehicles could collide on the bridge.
Surrey County Council opposes the with restriction, saying it is both unjustified and will push HGVs onto roads on the Surrey side that are no more suitable for large vehicles than the one that Windsor & Maidenhead has closed to them.
Surrey sought to challenge the restriction in the High Court, claiming there were flaws in the consultation and decision making process. But in a ruling today Robin Purchas QC, sitting as a Deputy High Court Judge, disagreed and dismissed the claim.
Surrey County Council v Royal Borough of Windsor & Maidenhead
Administrative Court (Robin Purchas QC, sitting as a Deputy High Court Judge) 16 November 2016.
