Road safety group says council’s 20mph decision could be open to legal challenge
Alec Doyle, local democracy reporter
A council has been warned that its decision to reverse 20mph speed limits on some roads may be open to a legal challenge.
On Tuesday Wrexham Council’s Executive Board voted to approve the reversal of 20mph speed limits on 52 roads across Wrexham following a public consultation.
The council will now begin the process of reversing those 20mph speed limits, with roads expected to revert back to 30mph by May subject to further local consultation.
But the chairman of safer speeds campaign group 20’s Plenty has claimed the council decision may be open to a legal challenge from opponents of the changes.
‘Statutory purpose’
Rod King MBE claimed that the Traffic Regulation Order (TRO) that the council submitted for consultation did not specify a valid ‘statutory purpose’ – one of the legally mandated reasons a TRO can be implemented.
According to 20’s Plenty, the law regarding Traffic Regulation Orders (TROs) requires that a ‘statutory purpose’ is declared – leaving the decision to increase speed limits open to a legal challenge.
A list which defines these statutory purposes includes the stipulation that a TRO can be made ‘to avoid danger to persons or other traffic using the road or any other road or for preventing the likelihood of any such danger arising.’
Danger
Mr King’s argument is that increasing the speed limit will increase danger, flying in the face of that statutory purpose and putting the decision of Wrexham Council on an uncertain legal footing.
“The data shows that the default 20mph speed limit in Wales has had a positive impact on road safety. We are not against 30mph speed limits on roads, but we want that decision to be made with a full analysis to show that increasing the speed on each specific road is safe.
“Some of these roads run past schools, some are on Wrexham’s Active Travel network so are promoting pedestrian and cycle use. Increasing speeds on these roads increases the risk to vulnerable road users.
“This is not about preference, these are roads around schools and community facilities and a case has to be made as to why it is safe to increase the road speeds around these places. We made the case as to why we felt they were not safe.
“The decisions must be evidence-led.”
The consultation with Wrexham residents ran through December and January.
It received 440 responses, with 93% of those stating they wanted all 52 roads returned to 30mph. That proposal was approved by Wrexham Council’s Executive Board.
“Across Wales there has been a 28% reduction in road casualties and fatalities in the last year,” he said. “That is incredible. According to Welsh Government data there were 678 fewer people killed or seriously injured on Welsh roads in the 12 months up to September 2024 compared to the previous 12 months.
“We’ve never seen a policy with such a profound and immediate safety impact. The proof of that comes in fact insurance premiums across Wales have fallen in the last 12 months.
“Drivers in Wales are killing and injuring fewer people and credit to them for adhering to the 20mph speed limits and making the case for the policy.
“Now Wrexham Council plans to reverse that based on a small number of consultation responses and a proposal that is open to legal challenge. Where is the balance? A few drivers want to save a few seconds off their journey times and their responses are given such weight?
“I would say the politicians and drivers wanting to overturn such an impactful policy deserve no credit at all. They will create a situation whereby more people will be killed and injured on Welsh roads.”
Newport
Mr King highlighted Newport Council’s approach in south Wales as an alternative model which Wrexham could have followed in order to meet the TRO requirements and ensure only roads where there is data supporting a safe increase return to 30mph.
“Newport had 331 roads suggested by the public to go back to 30mph. They did an analysis which they published of every one of those roads showing how it met or did not meet the criteria in the guidance.
“As a result they rejected 315 of them. Other local authorities are changing a handful of roads.”
He also expressed disappointment in the Welsh Government’s approach to the issue.
“Recently there’s been a change in Welsh Government attitude,” he said. “There does appear to be an expectation of mass change which is not reflected in any credible approach which seeks to protect vulnerable road users. The situation could have been handled better over the last 12 months.”
Mr King said currently there were no plans to challenge Wrexham Council’s decision in the courts, but left the door open to the possibility.
“There is definitely grounds for a legal challenge,” he said. “It does require more discussion.”
In response to Mr King’s criticism of the decision, Wrexham Council’s deputy leader and lead member for Strategic Transport Cllr David Bithell said: “We have followed all due process on consultation and decision making following Welsh Government’s revised criteria.
“I would suggest Mr King takes this matter up directly with Welsh Government.”
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I think it’s called democracy in action government officials representing the people of Wales.
I would suggest that 20mph is considered sensible outside schools and hospitals Where are the figures s to where exactly all the continued deaths and accidents across Wales as a whole are being reported.?
I wonder who is going to fund this legal challenge by this ‘road safety group’? The group named, that of 20s Plenty For Us CIC, was only founded in February 2024, headquarters in Cheshire West, and has not yet made any financial return to Companies House.
It’s a single issue niche pressure group moaning – people salaried to blindly pursue a reduction in speed limits. Almost all of us in Wrexham that use the roads do not agree with them. The reversion is therefore a testament to democracy and a further slap in the face for Lee ‘Sustrans’ Waters. No one using these roads wants more accidents or deaths but the balance struck must be the right one. Remember ANY of us could be impacted by a decision that 30 is fine yet we actively choose that in places on balance. Locals’ democracy over remote pressure… Read more »
Yes of course reducing speeds will result in less injuries so would banning cars, banning diy, use of ladders and leaving your home, why not make the limit 5mph, bring back 30 mph
Minority pressure groups such as 20 is Plenty should not be able to override the decisions of our democratically elected councillors when they are carrying out the will of the majority of the population. The wording of the laws relating to Traffic Regulation Orders should be changed such that our councils could make these changes without fear of prosecution. Unfortunately when the Dictatorship I’m Cardiff issued their guidelines for reverting to the original speed limits they were well aware it was almost impossible to do so.
Whatever your view on 20 or 30, one thing is clear. Welsh Government has dumped a problem they created on local authorities and run away. It must be costing a fortune in officer time.
What a load of rubbish. The traffic build up in my area since the introduction of the 20 mph limit is horrendous . Agreed where there are schools is fine but on main A roads it’s ridiculous. Or would some people want us to go back 100 years and just walk everywhere.
It seems to me that some review of the roads which have been subjected to the 20 mph limit, now that a fair time of operating it has elapsed, is both necessary and inevitable.
It’s because of people like *him* that we’re in the mess we’re in. Instead of being content with their fair share, he and his power-hungry colleagues want to take it ALL. 🍰 They’re a loud minority, yet somehow they’ve hijacked the narrative, making it seem like they speak for the majority. 🤔
What’s even more ironic? I wonder if they could even afford to back up their grandstanding if push came to shove. Enough is enough. It’s time to stop letting the few dictate the many. Let’s get on with it, Wrexham. 💪