FOI request detail

C9 consultation

Request ID: FOI-1532-2223
Date published: 18 October 2022

You asked

The C9 consultation will happen in conjunction with works to make permanent changes (https://chiswickcalendar.co.uk/new-consultation-on-cycleway-9/?mc_cid=a60cfa4bf6&mc_eid=4b424e0391). Under the FOIA, please tell me if this is correct. Also, please tell me what legal advice TfL has received on doing so and forward a copy. I ask because the current scheme is TEMPORARY and it should not be made permanent unless that’s what the residents want. If it is very unpopular, it should be DISMATLED, as there can be no legitimacy in making a temporary scheme permanent in such circumstances. please send me copies of all papers, decisions, notes and emails of any internal discussions on the question of the timing of the consultation and the carrying out of the works.T

We answered

TfL Ref: FOI-1532-2223

Thank you for your request received by Transport for London (TfL) on 27 September 2022, asking for information about the temporary cycleway on Chiswick High Road.

Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy.  I can confirm that we hold some of the information you require.
 
  1. Firstly, the interpretation that we are making permanent changes to the temporary Chiswick High Road cycleway is incorrect.

TfL and the London Borough of Hounslow (LBH) introduced the temporary Cycleway on Chiswick High Road in December 2020. This was introduced through an experimental traffic order (ETRO) as part of London’s response to the Covid-19 pandemic.  The purpose of implementing an experimental scheme is to judge the impact of any measures on the road network and local community while such measures are in situ.

The terms of use for an ETRO are set out in section 9 of the Road Traffic Act (RTA) 1984:

https://www.legislation.gov.uk/ukpga/1984/27/part/I/crossheading/experimental-traffic-schemes

Under the RTA 1984 an ETRO can stay in force for a maximum of 18 months while the effects of an experimental scheme are monitored and assessed by the Highway Authority.

In July 2021, the temporary experimental cycleway on Chiswick High Road was reviewed by TfL and LBH. Following this, LBH decided that a series of improvements should be made to the scheme. They also decided that the scheme would be retained for a further 18 months on a temporary basis through a new ETRO.

As part of the improvements to the scheme, the side road junctions are being altered to improve visibility for cyclists and drivers using materials that are more durable. A complete list of improvements being made to this experimental cycleway can be found at:

https://haveyoursay.tfl.gov.uk/10512/widgets/30008/documents/31960

At this point in time, the temporary cycleway on Chiswick High Road remains an experimental scheme. In order for the scheme to be made permanent a decision would need to be made by the London Borough of Hounslow.
 
  1. As stated above, we are not implementing permanent changes to the temporary cycleway on Chiswick High Road.

Please be assured that in implementing this experimental scheme TfL has complied with our statutory requirements under section 9 of the RTA 1984.

We have also ensured that we have complied with the latest statutory guidance for engagement and consultation as defined in the Traffic Management Act 2004: network management to support active travel (Updated 1 April 2022).

In line with this guidance, we are taking steps to publicly consult on the revised temporary experimental cycleway on Chiswick High Road. This consultation was launched on 4 October 2022 and will run for the next six months to ensure we gather community views and feedback through the construction phase and while the scheme is operational.

At the end of the consultation, we will issue a consultation report and make a decision on the future of the scheme.

Further information on our consultation can be found at: https://haveyoursay.tfl.gov.uk/cycleway-9
 
  1. You asked for copies of papers, decisions, notes and emails of any internal discussions on the question of the timing of the consultation and the carrying out of the works. This is an exceptionally wide-ranging question covering a broad issue on a very large project that would involve a number of teams across TfL to identify and locate the information you asked for. Furthermore it seems that you have been misinformed on what TfL has or hasn’t done on this project. We estimate that answering this question would exceed the cost limit of £450 set by the Freedom of Information (Appropriate Limit and Fees) Regulations 2004. If you could be clearer on what you need and narrow the scope, we should be able to locate, retrieve and extract the information you are seeking.

If this is not the information you are looking for, or if you are unable to access it for any reason, please do not hesitate to contact me.

Please see the attached information sheet for details of your right to appeal.

Yours sincerely

Eva Hextall
FOI Case Management Team
General Counsel
Transport for London
 

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