Court rejects 'eyesore' bike park claim
boris johnson's bike scheme takes on mayfair 'nimbys'
The High Court has rejected a bid to bring a legal challenge over London Mayor Boris Johnson's flagship cycle hire scheme.
Mayfair resident Noel Carroll was seeking permission to challenge Westminster City Council's decision to allow the siting of one of the project's 400 bike "docking stations" near his home.
The 98ft (30m) station is planned for South Audley Street, which is in a conservation area containing several listed buildings including Harry's Bar - a private club which has its entrance near the proposed station.
Mr Carroll, 63, and other Mayfair residents accused Westminster City Council of unlawfully failing to take into account the environmental damage the scheme would cause through increased noise, other disturbance and traffic congestion.
But Deputy High Court Judge Michael Supperstone QC ruled on Monday that the grounds raised were "not arguable". He said: "None of the grounds put forward are arguable and permission to apply for judicial review is refused."
After the ruling, Mr Carroll's lawyer David Cooper said: "We are disappointed, surprised and considering an appeal to the Court of Appeal."
The court had heard that Mr Carroll was only seeking permission to challenge the legality of the docking station near him, and the case did not concern any other stations.
Lawyers for Westminster and Transport for London argued that all the necessary information was available and taken into account when planning permission was granted and the decision was not open to legal challenge.
Mr Carroll, who lives in nearby South Street and is a member of Harry's Bar, had said previously: "Our beautiful conservation area must not be defaced by this horrible lump of metal. It would bring down this very beautiful place. It would not be a very pretty sight."
The site on South Audley Street was granted planning consent by Westminster Council in August 2009.
"Our beautiful conservation area must not be defaced by this horrible lump of metal. It would bring down this very beautiful place. It would not be a very pretty sight."
noel carroll
After the ruling, Mr Carroll's lawyer David Cooper said: "We are disappointed, surprised and considering an appeal to the Court of Appeal."
The court had heard that Mr Carroll was only seeking permission to challenge the legality of the docking station near him, and the case did not concern any other stations.
Lawyers for Westminster and Transport for London argued that all the necessary information was available and taken into account when planning permission was granted and the decision was not open to legal challenge.
Mr Carroll, who lives in nearby South Street and is a member of Harry's Bar, had said previously: "Our beautiful conservation area must not be defaced by this horrible lump of metal. It would bring down this very beautiful place. It would not be a very pretty sight."
The site on South Audley Street was granted planning consent by Westminster Council in August 2009.
16.07.10 22:20
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