London taxi trade lose high court challenge

The Licensed Taxi Drivers Association (LTDA) has lost a high court challenge against the East-West Cycle Superhighway which could have disrupted its completion.

LDTA highlighted to a judge that the current construction of the segregated cycle route “constitutes a breach of planning control” and that they would like a judicial review against Transport for London (TFL) however Mrs Justices Patterson has rejected the application.

The scheme is said to be causing major delays in the Central London according to London Cabbies who stated that it is taking up a lot of the road space.

Mark Lowe QC, for LTDA points out that on behalf of its 10,000-plus members, the association has consistently opposed the cycle super highway. Lowe also argued in court that the scheme had started without planning permission or an Environmental Impact Assessment (EIA) as per normal regulations nor had any evidence been presented that they had sought advice as to if it was needed or they could in fact carry on without it.

According to Lowe TFL’s response to the allegation was that the superhighway is a “work of improvement” and that it did not need the permission or an EIA.

Lowe disputed this further and requested that the judge rule that it was a “development” and therefore defined under the Town and Country Planning Act 1990 in which they would need permission. The judge did not feel that TFL had not deceived the law in any way.

The judge went on to declare: “On the evidence before the court, planning permission is not required for phase one of the superhighway as a whole.

“That is not to say that it may not be required for certain minor works within the scheme (that information is not before the court), or that it may not be required for other cycle superhighways or for parts of them in the future. Each scheme will need to be judged on its own facts.”