Supreme Court to hear appeal by council over Low Traffic Neighbourhood removal ruling

The justices will consider whether the council breached section 151 of the Greater London Authority Act 1999 by deciding to remove an LTN scheme in Bethnal Green that had been included in its approved local implementation plan (LIP) for delivering the Mayor of London’s transport strategy in the borough.

Under the 1999 Act, London borough councils are required to prepare LIPs setting out their proposals for implementing the Mayor’s transport strategy in their area, including timetables for delivery.

Tower Hamlets’ LIP was adopted in February 2019 following approval by the Mayor of London and included the Bethnal Green LTN scheme. Following a public consultation in October 2019, the scheme was approved by the council’s then-mayor in January 2020.

The scheme, which included 14 road closures, was implemented between January 2020 and March 2022.

Tower Hamlets’ current Mayor Lutfur Rahman, who was elected in May 2022, decided to remove the LTN in September 2023, following a two-stage consultation process.

Save Our Safer Streets (SOSS), a residents’ group behind the legal challenge, brought a judicial review claim against the decision. The High Court initially dismissed the claim, but the Court of Appeal ruled in January that Tower Hamlets had breached section 151 of the 1999 Act by removing the scheme.

Section 151 requires London borough councils to implement the transport proposals set out in their LIPs.

The London borough applied to the Supreme Court last month, with permission to proceed granted on 1 May by a Supreme Court panel comprising Lord Sales, Lord Hamblen and Lord Doherty.

Rahman has previously criticised the way LTNs had been implemented in the borough, saying they had "pushed traffic down surrounding main roads" and caused congestion.

SOSS, meanwhile, argues the borough's LTN schemes have "virtually" eliminated serious road injuries and improved air quality inside and outside the scheme.

Commenting on the council’s efforts to pursue an appeal in April, SOSS said it was “disappointed but not surprised”.

Ted Maxwell, a Bethnal Green resident and SOSS campaigner, said: “The Court of Appeal ruling is brief, clear and logical. If a London borough wants to remove a scheme that was implemented and funded as part of a Local Implementation Plan agreed with Transport for London, then the Mayor of London needs to approve the removal before it proceeds. It seems obvious that the Mayor of Tower Hamlets acted beyond his legal powers by deciding to remove the Bethnal Green LTNs.”

Adam Carey