LEGAL action against a decision made by BCP Council around Poole Park has been launched for a second time, a café owner has said.
Nick Davis, the owner of Poole Park’s Ark Cafe and The Kitchen, said he has started legal action against the authority’s decision to close the Whitecliff entrance and exit to vehicles.
The businessman has claimed his revenue is down because of a lack of trade brought on by cars not being able to access from the gate anymore.
Mr Davis argues holidaymakers are reading the ‘Poole Park closed to through traffic’ signs at the entrance and not coming in with their cars.
He has claimed his lease agreement with the council says the gates must all remain open to all.
BCP Council has declined to comment.
This is not the first time legal action has been launched against BCP Council on a decision made in Poole Park.
Keyhole Bridge was closed to motor vehicles under an experimental traffic restriction order in 2020 to provide safer walking and cycling facilities during the pandemic.
However, BCP Council reopened in March 2021 after cabinet members from the previous administration unanimously agreed the narrow road should remain open to cars.
Cycling UK issued court proceedings against the council, which claimed it was “unlawful” to keep the bridge open to cars.
An out-of-court settlement was eventually agreed between the pair, with the council disagreeing that the closure was unlawful.
Although the case never made it to court, a consent order seen by the Echo shows BCP Council must pay £35,000 to Cycling UK.
The charity claimed the settlement was a “victory for the people of Poole” - despite no changes to who can travel through the bridge.
Of the 791 respondents in the extended consultation for Keyhole Bridge, 65 per cent agreed it should be closed permanently with 35 per cent disagreeing.
But on the 5,000-strong consultation around Whitecliff Gate’s closure, the largest consultation done by BCP Council, 63 per cent wanted to keep it open, 36 per cent wanted it closed and one per cent had neutral views.
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