The Court of Appeal has ruled that £200m worth of cuts to active travel made in March 2023 were unlawful.
The Department for Transport (DfT) cut the active travel money prior to the Spring Budget in 2023.
Following this, Transport Action Network (TAN) made a legal challenge in June of the same year, but in May 2024 the High Court found that the DfT’s defence – that the cash was only a ‘guestimate’ initially outlined in a 2022 funding plan – was acceptable and ruled in its favour.
TAN then submitted an appeal and this week the Court of Appeals ruled in their favour unanimously. As the funding cut was for the period up to March 2025, the court wasn’t able to order the return of the funding, so TAN is now seeking an immediate £250m boost to active travel funding from the DfT.
Under the Infrastructure Act 2015, the transport secretary has responsibility for setting a Cycling and Walking Investment Strategy including specific funding plans.
If one is not in place the transport secretary is obliged to 'lay before Parliament a report explaining why a strategy has not been set, and set a strategy as soon as may be reasonably practicable'.
Lady Justice Elisabeth Laing said: ‘There is nothing vague about a requirement to “specify the resources to be made available by the Secretary of State”. The word is ‘specify’ not ‘project’, ‘estimate’ or ‘guess’…
‘That is what Parliament has required, and if the Secretary of State finds it inconvenient, or “impractical” to comply with the procedure for variation, then the Secretary of State can persuade Parliament to amend the legislation.’
Chris Todd, director of TAN, added: ‘Given how good walking and cycling is for the economy, for improving access to jobs, for the NHS and people’s health, in fact all of Labour’s missions, it has been a mystery why Labour continued defending a Conservative cut.
'Investing in small scale schemes, rather than glossy mega-projects like roads, means higher returns for the country and real benefits for communities.’
He went on to accuse Rachel Reeves of being 'captured by Treasury groupthink'.
When approached for comment, a DfT spokesperson said: 'The reduction in active travel funding in March 2023 was under the previous Government and the current Government has reversed these cuts both last year and this year. We’ve noted the decision of the Court of Appeal and we are considering next steps.
'We're investing nearly £300m to build up to 300 miles of new cycle lanes and pavements to help more people cycle, walk, wheel and scoot. This will lead to 43,000 fewer sick days every to year to ease pressure off the NHS and add £1.4bn to the economy, helping us deliver our Plan for Change.'
