I've been writing a web page explaining what bus gates are (https://www.busgates.uk/what). One of the bus gates which I examine is Bull Lane, Enfield. I've previously been aware of this as an extremely high-grossing site but have not really studied it. I have now and my views are in the web page. It includes "before" and "after" pictures showing how the appearance of the site would change if the blue roundels were shifted to build-outs rather than being placed on the footway.
As DfT and Government advice is to use build-outs where they are compatible with the levels of permitted traffic through bus gates, I do wonder how adjudicators would respond to arguments based on this. I would say something along these lines:
It is well-established case law that, if someone transgresses the terms of a traffic order, no contravention occurs if the local authority has failed to make adequate information available about the traffic order.
In
R (Neil Herron et al) v The Parking Adjudicator [2011] EWCA Civ 905 Lord Justice Burnton found (Lord Justice Aikens and Sir David Keene concurring)
35. It has long been recognised that the enforceability of a [traffic order] requires that adequate notice of the applicable restriction is given to the road user. This principle is derived from the duty imposed by Regulation 18 of [LATOR 1996]. In Macleod v Hamilton 1965 SLT 305 Lord Clyde said, at 308
It was an integral part of the statutory scheme for a traffic regulation order that notice by means of traffic signs should be given to the public using the roads which were restricted so as to warn users of their obligations. Unless these traffic signs were there accordingly and the opportunity was thus afforded to the public to know what they could not legally do, no offence would be committed. It would, indeed, be anomalous and absurd were the position otherwise. ...
36. That principle was approved and applied by the Divisional Court in James v Cavey [1967] 2 QB 676. Giving a judgment with which the other members of the court [Justices Ashworth and Widgery] agreed, [Lord Justice] Winn said:
... The short answer in my view which requires that this appeal should be allowed is that the local authority here did not take such steps as they were required to take under that regulation. They did not take steps which clearly could have been taken and which clearly would have been practicable to cause adequate information to be given to persons using the road by the signs which they erected. …
This was a judgment in the Court of Appeal, so is binding on the High Court as well as on tribunals and adjudicators.
The assessment of the adequacy of the signage therefore covers not only signs which were present but also signs which could have been placed.
The absence after entering Bull Lane south of Bridport Road of
- No Through Road signs with the Except cycles plate
- a sign reading "No Access to White Hart Lane" (there is a sign on Wilbury Way which reads "No Access to White Hart Lane via Bull Lane"
- signs showing the distance to the bus gate ahead (there are such signs in Haringey when approaching from the south)
together with
- the reconfiguration of the junction with Amersham Avenue to prevent its use as a turning point for southbound vehicles (a mini-roundabout could have been inserted here while still making the entry to the road No Motor Vehicles)
- making Shaftesbury Road one-way out, thereby preventing its use as an escape route for "Other traffic" not permitted through the bus gate
- the placing of the signposts with the blue roundels on the footway rather than on build-outs
collectively have the effect of failing to take steps which clearly could have been taken and which clearly would have been practicable to cause adequate information to be given to persons using the road. As Lord Justice Winn said in
James v. Cavey, these circumstances require the appeal to be allowed.