Transport for London appeals High Court ruling on cycle superhighway

Transport for London has applied for permission to appeal a High Court ruling that its decision to go ahead with the installation of a cycle super highway (CS11) at Swiss Cottage had been taken while omitting a relevant consideration.

Last month Westminster City Council, the statutory highway authority and traffic authority for two parts of the proposed route, won a judicial review challenge over the scheme.

A TfL spokesperson said: “Following the judge’s ruling we are urgently exploring all options available to us to reduce danger around the Swiss Cottage gyratory, which includes seeking permission to appeal the decision.

“This junction is one of London’s most intimidating and the scheme would help to protect all road users and particularly those walking and cycling, whilst significantly improving the area for residents, visitors and businesses.

“The application for permission to appeal was filed with the Court of Appeal on 11 October and we await a decision.”

The background to the case was that regular meetings had been held by TfL and Westminster on CS11 since the consultation process in 2016. The council says that in principle it backs the scheme.

In City of Westminster, R (On the Application Of) v Transport for London (TfL) & Ors [2018] EWHC 2402, however, 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.

Sir Ross Cranston, however, 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.”