Westminster wins challenge to TfL plans for Swiss Cottage cycle super highway

Westminster City Council has won a judicial review challenge over Transport for London’s bid to carry out the installation of a cycle super highway (CS11) at Swiss Cottage.

Two parts of the route are on roads for which the council is the statutory highway authority and traffic authority.

Regular meetings had been held with TfL on CS11 since the consultation process in 2016, and Westminister in principle backs the scheme.

However, in City of Westminster, R (On the Application Of) v Transport for London (TfL) & Ors [2018] EWHC 2402 the council argued that despite multiple requests, it had not received the necessary traffic modelling and mitigation measures it required from TfL to make an informed decision on the installation of CS11 in its area.

It said many residents were also opposed CS11 due to the potential implications on local traffic flow and air quality, and these concerns had been raised with TfL during its consultation between February and March 2016.

In May 2018, TfL said construction would commence at Swiss Cottage on 30 July. This announcement left Westminster “with no further option but to take TfL to court”.

An injunction delaying commencement of CS11 works at Swiss Cottage was subsequently granted until the case was heard in court. The full hearing of the judicial review was held on 6 September 2018.

Counsel for TfL argued that in light of the statutory background TfL had been entitled to proceed in expectation that Westminster would fall into line.

But the judge, Sir Ross Cranston, has now concluded that TfL’s decision had omitted a legally relevant consideration.

“Here the Authority Request [a report prepared by TfL officers] contains nothing to suggest that any thought was given in implementation of the strategy under the Greater London Act 1999 to the risk of TfL failing to obtain the necessary consents from Westminster,” the judge said.

“The risk that the local authorities might be slow in granting consents was mentioned, but not that there might be a complete refusal to do so. Westminster's opposition is absent from the document, as is its position that satisfactory modelling and mitigation measures were a prerequisite.”

Cllr Tim Mitchell, Cabinet Member for Environment and City Management, said: “Westminster City Council supports improving cycling infrastructure, but as part of the planning process all traffic and air quality impacts must be properly assessed before a decision is made to construct.

“It’s clear from today’s outcome, TfL have not completed the due diligence that our residents deserve and the current CS11 proposals need to be assessed in more detail. TfL must consider the effects of the entire route before an informed decision can be made.

“As a result, we’re happy with the judge’s decision and call on TfL to work collaboratively with us and other stakeholders to ensure all impacts of CS11 and similar projects are fully assessed for the benefit of everyone, including residents, before they go ahead.”

A TfL spokesperson said: “We are disappointed with today’s ruling, which focuses on procedure rather than the merits of the scheme. This junction in Swiss Cottage is one of London’s most dangerous. The scheme that was the subject of this ruling would help to protect all road users and particularly those walking and cycling, whilst significantly improving the area for residents, visitors and businesses.
 
“We will take the judge’s findings into account and are also urgently exploring all the options available to us to reduce danger around the Swiss Cottage gyratory, which includes considering appealing the decision.”