High Court dismisses cycle lane judicial review on all grounds
An application for judicial review and an interim injunction against Coventry City Council's plans to chop down 26 trees to build a cycleway has been refused by the High Court.
The court dismissed all five grounds advanced by the claimant at a hearing on Thursday (6 March).
The claim centred around plans for part of a 3.75-mile cycleway route connecting the city centre and University Hospital Coventry.
Much of the route has already been built, but construction of a treelined section along Clifford Bridge Road has been delayed by residents who oppose the felling of the trees and who have raised safety concerns about the lane.
The claimant, who was represented by Alice Goodenough of Goodenough Ring Solicitors, advanced the following grounds:
- Ground 1 – The decision to finalise the scheme and assess the safety of the design after the trees have been felled is irrational. "There is every possibility that the further design required will result in material modifications in design, and fewer trees being affected", the claim argues.
- Ground 2 – there has been a failure to carry out the consultation on the street trees properly, to allow for a proper consideration of the alternatives.
- Ground 3 – The decision to fell the trees before finalising the scheme's design is in breach of the legitimate expectation that the public would be able to see the design brief and comment on it, and that no final decision had been made;
- Ground 4 – The council has failed to take account of the health condition of the trees being felled with regard to their amenity value. All the trees are healthy and show no signs of damage or stress above and beyond what is normal for any urban street tree, the claim argues.
- Ground 5 – the scheme was approved before seeing the results of an Equality Impact Assessment, and despite the specific concerns raised regarding the impacts on disabled users of the street and their safety.
Speaking to Local Government Lawyer, the claimant confirmed the High Court's decision to dismiss the application and said that residents are to meet on Saturday to discuss next steps.
The claimant expressed disappointment that they only became aware of an indepdent safety audit carried out for the council after they had issued court proceedings.
They said the audit “raises numerous safety concerns, not identified in the council’s internal audit”.
The claimant added: “If ever there was a clear case of how trees bring people together, it has to be this campaign. The community spirit of residents on and around Clifford Bridge Road has been truly inspiring.
“This case has further demonstrated the value and love of our urban street trees. Let's hope Coventry City Council considers the strength of public opinion and sentiment towards our trees in future planning decisions.”
Adam Carey
