R. (on the application of Licensed Taxi Drivers Assoc) v Transport for London

摘要

The claimant, a representative body for licensed taxi drivers in London, applied for judicial review of a decision of the defendant highway authority ("TfL") to construct a "cycle superhighway" without planning permission. The cycle superhighway was a segregated cycle lane that was to run continuously for 9.5km on local authority roads and the TfL road network. Its construction involved, amongst other things, reducing the number of vehicular traffic lanes along its route; redesigning junctions; changing parking and loading arrangements; and improving lighting and pedestrian facilities. It was a key element of the Mayor of London's 2012 transport strategy. Public consultation began in September 2014, and the claimant made representations. In January 2015, TfL published its response to the consultation together with an environmental evaluation report. Concluding that the construction of the superhighway would not have any significant adverse impact on the environment, it approved the proposal. Work began in April 2015. TfL took the view that planning permission was not required because the works were not "development" within the meaning of the Town and Country Planning Act 1990 s.55(l). Its case was that, as road improvement works that would not have significant adverse environmental impact, the works were exempted by s.55(2)(b). The claimant argued that the works would have a significant adverse impact. It initially sought a declaration to the effect that TfL was in breach of planning control by carrying out the works without planning permission. During the hearing it amended its application so as to seek instead a declaration that TfL had acted unlawfully by failing to either request a screening opinion or submit an environmental statement to the relevant local planning authorities. The issues were: (1) whether the works were "development" within the meaning of s.55(1); and (2) if they were, whether declaratory relief should be granted.