The High Court recently held that the Transport for London did not require planning permission for phase one of the construction of the new £160m cycle superhighway across London.(1)
The Licensed Taxi Drivers' Association brought a judicial review action against Transport for London on the grounds that they did not have planning permission to begin works on the £47m Westbourne Grove to Tower Hill route, via Victoria Embankment.
Planning permission is only needed if the work being carried out meets the statutory definition of ‘development’.
The High Court held that the works did not constitute development as they fell within the exception set out in Section 55(2)(b) of the Town and Country Planning Act. Specifically, the works are being carried out on land within the boundaries of a road by a highway authority for the improvement of the road. The Court was convinced that the works would not have significant adverse effects on the environment.
The construction of the scheme continues.
DJB are currently advising the Royal Parks in connection with the construction and retention of the scheme through some of the most iconic open spaces in Central London, including Hyde Park, Green Park, St James Park and Bird Cage Walk.
(1) R (The Licensed Taxi Drivers Association) v Transport for London  EWHC 233 (Admin)