London borough launches Supreme Court appeal bid in low traffic neighbourhood dispute

Earlier this year, the Court of Appeal found that the London borough's decision to remove the LTN in Bethnal Green without first obtaining the approval of the Mayor of London was unlawful.

Handing the decision down in January, the Court of Appeal justices said that the move breached section 151 of the Greater London Authority Act 1999, which mandates that London borough councils must implement the proposals in their Local Implementation Plan (LIP) regarding transport.

The council’s LIP, which was adopted under a different administration in 2019, included the Bethnal Green LTN.

Commenting at the time, a spokesperson for Tower Hamlets said the Court of Appeal decision would have “significant implications across London”.

The council has since applied to the Supreme Court for permission to appeal.

The news comes as reporting from the Local Democracy Reporting Service (LDRS) suggests that the council is set to spend more than £278,000 on litigation relating to the LTN scheme.

Freedom of Information Requests lodged by the LDRS revealed that the council expects to spend up to £154,000 on the Supreme Court claim, on top of £124,000 that it had already spent in the High Court and Court of Appeal.

The residents’ group behind the original judicial review application, Save our Safer Streets (SOSS), said it is “disappointed but not surprised” by the council’s decision to apply to the Supreme Court.

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.”

He said that SOSS and Transport for London have both separately submitted objections to the council’s application to the Supreme Court.

Commenting on the costs involved in the litigation, Maxwell said the £278k figure represented “a complete waste”.

Lutfur Rahman, Executive Mayor of Tower Hamlets, has previously criticised the way LTNs had been implemented in the borough, adding that they had "pushed traffic down surrounding main roads" and caused congestion. 

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

Adam Carey