Court of Appeal Upholds Mayor Khan's Authority Over LTN Removal
The Court of Appeal has delivered a landmark ruling that prevents Tower Hamlets Council from removing controversial low traffic neighbourhoods (LTNs) without explicit permission from London Mayor Sadiq Khan. This decision establishes a significant legal precedent affecting transport policy across the capital.
Legal Challenge Overturns Council's Bid
Tower Hamlets Mayor Lutfur Rahman, elected in 2022 on a platform promising to remove LTNs from Bethnal Green, had attempted to dismantle three schemes on Columbia Road, Arnold Circus, and Old Bethnal Green Road. However, the Court of Appeal has now overturned a previous High Court decision that had initially supported the council's position.
The ruling came after a legal challenge from campaign group Save Our Safer Streets (Soss), supported by Transport for London. Lord Justice Singh, Lord Justice Arnold, and Lord Justice Miles concluded unanimously that Tower Hamlets acted unlawfully by failing to follow statutory procedures.
Statutory Process Must Be Followed
The court determined that the council had breached legal requirements by not seeking mayoral approval for changes to its Local Implementation Plan. Each London borough must maintain such a plan, outlining how it will work towards the Mayor's transport strategy objectives, which include reducing car journeys across the capital.
"The Respondent's decision to remove the Scheme without going through the statutory process for revising it, including the approval of the Mayor of London, was unlawful," the judges stated in their 24-page judgment.
Political Differences Acknowledged
The court acknowledged the "strong and differing views" between Mayor Khan and Mayor Rahman on LTNs but emphasised that political considerations played no part in their legal determination. The judges explicitly stated they were not assessing the merits of LTNs generally or the specific Bethnal Green scheme.
Thomas Turrell AM, transport spokesman for the City Hall Conservatives, criticised the ruling, stating: "This ruling shows that under Sadiq Khan it's his way or the highway. London Boroughs are told they have local democracy, but the moment they take a view that's anti-LTN or anti-Labour, they're slapped down."
Campaigners Hail Victory for Communities
Soss campaigners celebrated the decision as a major victory for local residents who value safer streets. Ted Maxwell of the group said: "Thousands of local residents will be extremely pleased and relieved that the Court of Appeal has ruled that the decision to remove our popular Low Traffic Neighbourhood was unlawful."
The campaign group warned that the ruling sets a clear precedent that boroughs "can't just tear out schemes without the Mayor of London's approval." They estimated that maintaining the LTNs would save £2.5 million in public funds that would otherwise have been spent on removal.
Transport for London Welcomes Clarity
Transport for London expressed satisfaction with the judgment, stating it provides "welcome clarity on the scope of London boroughs' legal duties to implement and retain schemes funded by TfL to implement the mayor's transport strategy."
Mayor Khan himself appeared to endorse the ruling on social media, writing: "Another example of us doing what is right for Londoners... Change isn't easy, but I'm willing to make tough choices to make our city safer."
Council Plans Supreme Court Appeal
Tower Hamlets Council has announced its intention to seek permission to appeal to the Supreme Court, Britain's highest court. In a statement, the council expressed disappointment with the ruling, noting that previous courts had ruled in their favour.
"We will review the judgment which has significant implications across London, and we will be seeking permission to appeal to the Supreme Court," the council stated.
Broader Implications for London Transport
The ruling has substantial implications for boroughs across London, potentially creating challenges for local authorities whose transport policies diverge from the Mayor's strategy. This comes amid ongoing debates about LTNs' effectiveness, with TfL recently acknowledging that such schemes have contributed to congestion in some areas while maintaining that most have been successful.
The case follows similar legal challenges elsewhere in London, including Lambeth Council's recent loss against residents opposing an LTN in West Dulwich. That scheme, which had generated £1 million in fines, was also deemed unlawful by a court in May.
As London faces increasing traffic challenges, with average bus speeds falling to their lowest level in 40 years and the city ranking as the world's slowest capital for driving, the legal framework governing transport infrastructure decisions continues to evolve through such landmark rulings.
