LTDA contend that the construction of the East-West Cycle Superhighway – which started in April 2015 and is due to be completed by summer 2016 – is a development which requires planning permission. LTDA is seeking a declaration from the court that it is in breach of planning control (i.e. unlawful) for TfL to undertake the works without having first obtained the requisite planning permission.
Mrs Justice Lang DBE considered that LTDA's claim was arguable and therefore granted permission for the judicial review challenge to proceed.
The matter will now proceed to a hearing before a High Court Judge sitting in the Planning Court (Royal Court of Justice, London). It is to be listed for 1 ½ days.
Mark Lowe QC and Robert Williams of Cornerstone Barristers are acting for LTDA.