A significant legal victory for a resident in east London has resulted in a council's decision to remove a low traffic neighbourhood scheme being declared unlawful and set to be quashed by the Court of Appeal.
Resident's Persistence Pays Off in Landmark Ruling
Oliver Hawes, an east London resident and member of the Save Our Safer Streets campaign group, has successfully challenged the London Borough of Tower Hamlets' decision to revoke the low traffic neighbourhood scheme that operated in Bethnal Green between January 2020 and March 2022. The council's September 2023 decision to remove the traffic reduction measures followed the election of new mayor Lutfur Rahman, who had pledged to eliminate the scheme during his campaign.
Legal Journey Through the Courts
Mr Hawes initially lost his High Court challenge against the council's decision in 2024, but persisted by taking the case to the Court of Appeal in November last year. During the appeal hearing, his legal team presented compelling arguments that the council had breached its statutory duty to implement the Mayor of London's transport strategy, a position supported by the Mayor's office itself as an interested party in the proceedings.
The three-judge panel, consisting of Lord Justice Singh, Lord Justice Arnold and Lord Justice Miles, delivered their ruling on Thursday, finding decisively in favour of Mr Hawes. Lord Justice Singh stated unequivocally that the council's action in removing the LTN "without going through the statutory process for revising it, including the approval of the Mayor of London, was unlawful".
Judicial Restraint on Political Matters
In his carefully worded judgment, Lord Justice Singh emphasised the court's limited role in such matters, stating: "It is not the task of this court to assess the merits of LTNs in general or the particular scheme in this case. The court's task is strictly one of deciding what are the respective legal powers and duties of the public authorities concerned."
The senior judge acknowledged the existence of "strong and differing views about LTN schemes" but maintained that the judiciary "cannot enter into those differences of political opinion." He concluded that the appropriate remedy would be for the decision to revoke the scheme to be formally quashed.
Background to the Controversial Decision
The original LTN scheme involved the closure of 14 roads in the Bethnal Green area, with the council conducting public consultation in July 2022 regarding its potential removal. Interestingly, the consultation presented residents with only two options:
- Retaining the existing scheme
- Removing the scheme entirely
However, a subsequent report by council officers in September 2023 introduced a third alternative: retaining the scheme with certain amendments. This third option was never presented to the public for consultation before the council proceeded to remove the scheme that same month, leaving only one road closed to traffic.
Additional Arguments Considered and Dismissed
During the Court of Appeal proceedings, Mr Hawes advanced two further arguments regarding the council's conduct:
- That the authority failed to properly consider the contents of the Mayor of London's transport strategy
- That the council acted unlawfully by not consulting members on the third option for the LTN
Lord Justice Singh dismissed both these additional grounds, finding that there "was no unfairness in the process adopted" by the council regarding these specific aspects of the case.
This landmark ruling represents a significant development in the ongoing debate surrounding low traffic neighbourhoods across London, establishing important legal precedents regarding the proper procedures councils must follow when implementing or removing such schemes.
