Officer Decisions (archive)

To appeal against the decision of his Honour Judge Cotter QC on a 2014 traffic regulation order (TRO) in the Devon town of Totnes.

I approve.

As the case progresses, the risks and benefits will be kept under review.

His honour Judge Cotter heard an application by Sustainable Totnes Action Group to quash the decision of the South Hams HATOC on the implementation of a TRO.

Judge Cotter’s decision was to quash the TRO.

Based on legal advice, there are three compelling reasons why the appeal should be heard:

1. The applicant questioning the decision on the TRO was not a valid person within the meaning of the Road Traffic Act.
2. That the effect of the TRO was not to “restrict” the passage of Bob the Bus along a road.
3. That the County Council’s failure to make express reference to section 122 of the Act does not constitute a failure to discharge its duties.

The points upon which the appeal is made are of general interest to all TROs across the country.

The decision was made following consultation with appropriate persons.

The alternative not to appeal was rejected:

• following the decision of the Judge, there has been significant correspondence for and against appealing the decision.
• The decision in relation to section 122 is at odds with a previous judgement.
• the legal advice is that the judgement on the TRO is wrong.

None