Cornerstone Barristers appears for LTDA in challenge to East-West Cycle Superhighway

01 Jan 2018

Licensing, Planning and Environment

On 13th and 14th January 2016 the High Court (Mrs Justice Patterson DBE) heard argument in R (on the application of the Licensed Taxi Drivers Association Ltd) v Transport for London.

The Licensed Taxi Drivers Association (LTDA) is seeking a declaration from the Court that the works undertaken in constructing the East West Cycle Superhighway constitutes development requiring planning permission. Save for a small proportion of the route in Hyde Park, Transport for London (TfL) have not sought planning permission for the works.

In addition it is being contended that in order to accord with the positive obligations imposed by European Law TfL should, at the very least, have submitted requests to the relevant local planning authorities for screening opinions to determine whether the works were EIA development.

Permission to bring the judicial review proceedings was granted by Mrs Justice Lang in October 2015.

At the end of yesterday’s hearing Mrs Justice Patterson reserved judgment.

Mark Lowe QC and Robert Williams appeared for LTDA.

The case has been widely covered in the press with articles appearing in the Evening Standard, Daily Express and BBC News.