Nevertheless the action has helped highlight some very important issues relevant to many other cases. First, the case forms part of the wider debate about the future of London's skyline. Revealed in the papers presented to the court was a letter from Ken Livingstone to John Prescott in which, on the basis of a presentation earlier that day from Lord Foster and Swiss Re, he urged him not to call in the Gherkin on the basis that it was "the type and quantity of high quality office floorspace that the City needs in order to maintain and enhance its position as a World City . . . Any undue delay in the planning process could jeopardise Swiss Re's presence in London".

The point about the Livingstone letter is that he had no locus in this case because the application was received before he come into office, and that he made his decision anyway on the basis of a presentation from only one side. No planning authority acting reasonably would only consider representations from one side of the argument.

This does not bode well for other skyscraper applications now in the pipeline. Livingstone has made his views on the matter very clear - he's for towers, wherever they are. The danger is that the rash of applications for towers on sites all over London, submitted by developers emboldened by the buoyant state of the property market, will slip through, with the Mayor's support, because at present there is no overall strategic policy for tall buildings in London. The issue is not so much whether such tall buildings should be allowed at all, but where and how. We need a London-wide policy to set these proposals into a strategic context, allowing them in certain locations where clusters will visually support themselves without damaging key views, parks and historic quarters. The need for such a policy has been recognised by the GLA, but it could take two years or more to agree and approve one. In the meantime permission could be granted for towers that could permanently disfigure the capital's skyline.

The next test may well be a proposed 40 story tower next to Paddington Station, designed by Richard Rogers. Presumably Livingstone will turn to his architectural advisor when considering that application. That advisor happens to be one . . . Richard Rogers.