Straight after the Conservatives gained control of Westminster Council from Labour on 7 May, their leader, Paul Swaddle, made a point of repeating his intention to challenge Sir Sadiq Khan’s plans for transforming Oxford Street through the courts.
He immediately told the media a legal fund would promptly be set up for that purpose, and on the 11 May, appearing on the Political Business podcast, he said that earlier that day he had instructed the council’s chief executive to “look at all legal avenues” for thwarting the Mayor.
But now he has revealed that the judicial review avenue, which might have challenged the lawfulness of Khan and Transport for London’s decisions, will not be followed. The reason? The answer seems to be straightforward – there wasn’t enough time.
Swaddle disclosed the problem on X/Twitter yesterday, saying “the advice is that a successful Judicial Review is simply impossible at this late stage”. However, in the same post he repeated his vow to “explore every legal avenue” that might remain, and a statement on the Westminster Conservatives’ website insists that “this administration will use every legal lever available to it” and that “Every option remains open”.
Labour has responded with some derision, claiming the Tories have “dropped plans for legal action” following “months” of campaigning on the issue and describing Swaddle as having “backed down from his earlier threats”.
The party had mounted its own opposition to the Mayor’s plan, which was announced with little notice given in September 2024, rendering redundant the then-Labour Westminster administration’s own programme for improving the the Oxford Street area, which did not involved pedestrianisation.
However, rather than look to legal action, Labour negotiated what it regards as significant recognitions of its concerns, including the council continuing to keep contributions from property developers who build within the area now governed by a mayoral development corporation.
Swaddle blamed his need to abandon seeking a Judicial Review on Labour, claiming it should taken legal action when it ran the council. Khan signed off the development of “detailed pedestrianisation proposals” for the section of Oxford Street between Great Portland Street and Orchard Street on 26 February, leaving little time after the borough elections for the Conservatives to act as judicial review applications must be filed within three months of the decision to be challenged being made.
However, Geoff Barraclough, Labour’s spokesperson for economic development, said the Tories had “misled voters” with a “spurious promise” of a legal challenge they knew was unlikely to be made. “The new leadership of Westminster City Council now needs to stop grandstanding and start working constructively with all parties,” he said.
Khan intends to have the part of Oxford Street covered by his February decision operating without traffic by the end of the summer.
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