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High Court rules TfL acted unlawfully over CS11

Thu, September 13, 2018 1:21 PM | Anonymous

The High Court today ruled in favour of Westminster City Council, deciding that Transport for London (TfL) attempted to carry out the installation of Cycle Super Highway (CS11) at Swiss Cottage without complying with its legal obligations to affected local authorities.

In court, 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 Westminster.

Many residents also opposed CS11 due to the potential implications on local traffic flow and air quality, a concern raised with TfL during its consultation between February and March 2016.

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.”

Westminster City Council held regular meetings with TfL on CS11 since the consultation process in 2016, however as the council never received the modelling it requested, it was unable to make an informed decision on whether the scheme would be acceptable in Westminster.

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

The High Court ruled on 26 July that there was sufficient evidence for a Judicial Review of TfL’s decision to be held, and granted an injunction delaying commencement of CS11 works at Swiss Cottage until the case was heard in court.

The full hearing of the Judicial Review was held on Thursday 6 September 2018, and judgement in the Council’s favour was handed down at the High Court this morning.


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