Key Points
- The Court of Appeal ruled on 22 January 2026 that the London Borough of Tower Hamlets acted unlawfully by revoking a Low Traffic Neighbourhood (LTN) scheme in Bethnal Green without following the required statutory process under transport legislation.
- The appeal was brought by Oliver Hawes, overturning a High Court decision that had dismissed his judicial review challenge against the council’s decision.
- The LTN scheme, implemented between January 2020 and March 2022, involved 14 road closures in Bethnal Green; it was revoked on 20 September 2023 by the Mayor of Tower Hamlets after two rounds of public consultation, with one closure on Canrobert Street retained.
- The court focused on section 151(1)(a) of the Greater London Authority Act 1999, which mandates London boroughs to implement proposals in an approved Local Implementation Plan (LIP) according to its timetable.
- Lord Justice Singh, giving the leading judgment, held that the duty to “implement” a scheme in an LIP includes retaining it unless and until the plan is lawfully revised; Tower Hamlets could not remove it without approval for a revised LIP from the Mayor of London.
- The court rejected the council’s argument that implementation was a one-off obligation allowing subsequent removal, deeming the revocation inconsistent with the statutory framework.
- Transport for London (TfL) supported the appeal as an interested party, arguing boroughs remain bound by approved LIPs until formally revised.
- The Court of Appeal dismissed other grounds of appeal, including claims that the council failed to consider the LIP as a relevant factor and that consultations were unfair; it found the two consultation exercises lawful, with no need for re-consultation on an unadopted alternative.
- The indicated remedy is a quashing order to set aside the revocation decision, subject to further submissions on relief.
Tower Hamlets (East London Times) January 26, 2026 – The Court of Appeal has ruled that the London Borough of Tower Hamlets acted unlawfully in revoking a Low Traffic Neighbourhood scheme in Bethnal Green, overturning a High Court dismissal of a judicial review challenge brought by local resident Oliver Hawes. The judgment, handed down today, emphasises strict adherence to statutory duties under the Greater London Authority Act 1999, requiring councils to retain approved traffic schemes unless Local Implementation Plans are formally revised with approval from the Mayor of London. This decision marks a significant victory for LTN supporters and could impact similar schemes across the capital.
- Key Points
- What Triggered the Court of Appeal Case?
- Why Did the Court Deem the Revocation Unlawful?
- Which Other Arguments Did the Court Reject?
- What Remedy Will the Court Grant?
- How Does This Affect Tower Hamlets and LTNs Generally?
- What Is the Background of Bethnal Green’s LTN Scheme?
- Who Are the Key Figures Involved?
- What Broader Implications Exist for London Boroughs?
- When and Where Was the Judgment Handed Down?
What Triggered the Court of Appeal Case?
The dispute centred on a Low Traffic Neighbourhood scheme introduced in Bethnal Green in January 2020 and operational until March 2022. This initiative featured 14 road closures aimed at reducing through-traffic and enhancing local safety and air quality. On 20 September 2023, the Mayor of Tower Hamlets decided to revoke the scheme following two public consultations, retaining only the closure on Canrobert Street.
Oliver Hawes, the appellant, challenged this via judicial review, arguing the council breached its duties. The High Court initially dismissed his claim, but the Court of Appeal allowed the appeal on the key statutory ground. As detailed in the judgment, the proceedings examined compliance with section 151(1)(a) of the Greater London Authority Act 1999.
Lord Justice Singh, delivering the leading judgment, clarified that the statutory duty to “implement” proposals in an approved Local Implementation Plan (LIP) extends beyond initial rollout.
“The duty includes a duty not only to bring it into effect, but also to retain it unless and until the plan is lawfully revised,”
he stated.
Why Did the Court Deem the Revocation Unlawful?
Tower Hamlets argued that implementation was a one-off act, permitting later removal without revising the LIP. The Court of Appeal rejected this outright, holding the decision
“inconsistent with the statutory framework and therefore unlawful.”
The judgment underscored that boroughs must secure approval from the Mayor of London for any revised LIP before altering approved schemes. Without this, revocation contravenes the legislation designed to ensure coordinated transport planning across Greater London.
Transport for London intervened as an interested party, reinforcing the appellants’ position. TfL contended that
“boroughs remain bound by approved Local Implementation Plans unless they are formally revised,”
aligning with the court’s interpretation.
Which Other Arguments Did the Court Reject?
The appeal raised additional grounds, all dismissed by the Court of Appeal. It found no evidence that Tower Hamlets unlawfully failed to consider the LIP as a relevant factor in its decision-making.
On consultation fairness, the court upheld the two rounds conducted by the council as lawful.
“The consultation exercises undertaken were lawful and that no re-consultation was required in relation to an alternative option that was ultimately not adopted,”
the judgment noted. This rejected claims of procedural unfairness.
These findings limit the scope of the ruling to the core statutory breach, providing clarity on permissible council actions without broader procedural critiques.
What Remedy Will the Court Grant?
The Court of Appeal indicated a quashing order as the appropriate remedy, which would set aside the 20 September 2023 decision to revoke the scheme. This remains subject to further submissions on relief, potentially allowing the LTN—or most of it—to be reinstated.
Such an outcome would restore the 13 road closures (excluding Canrobert Street), pending any lawful revision process. The judgment leaves room for Tower Hamlets to pursue formal LIP amendments, but underscores the procedural hurdles involved.
How Does This Affect Tower Hamlets and LTNs Generally?
This ruling reinforces the longevity of approved LTNs, binding councils to LIPs until revised. For Tower Hamlets, it necessitates revisiting the Bethnal Green scheme through proper channels, likely involving fresh consultation and Mayor of London approval.
Supporters, including Oliver Hawes, hailed the decision as a defence of evidence-based traffic calming. Critics of LTNs, who cited consultation feedback on access issues, may view it as bureaucratic overreach, though the court validated those consultations.
The case highlights tensions between local autonomy and regional oversight in London’s transport policy. Similar challenges could arise in other boroughs where LTNs face revocation pressures.
What Is the Background of Bethnal Green’s LTN Scheme?
Implemented amid the COVID-19 pandemic, the Bethnal Green LTN aimed to deter rat-running, boost pedestrian space, and cut pollution. Operational from January 2020 to March 2022, it mirrored emergency measures trialled citywide.
Post-trial, two consultations gauged opinion: the first in 2022, the second before the September 2023 revocation. Despite retention of Canrobert Street, the majority decision reflected resident concerns over emergency access and business impacts, as reported in council documents.
Oliver Hawes, a local campaigner, pursued judicial review to enforce statutory compliance, escalating to the Court of Appeal after High Court dismissal.
Who Are the Key Figures Involved?
- Oliver Hawes: Appellant and Bethnal Green resident who brought the successful judicial review challenge.
- Lord Justice Singh: Delivered the leading judgment, interpreting the statutory duty critically.
- Mayor of Tower Hamlets: Took the revocation decision on 20 September 2023; not named individually in proceedings.
- Transport for London: Interested party supporting the appeal, advocating LIP adherence.
No direct quotes from councillors or Hawes appear in the judgment summary, but proceedings centred on their legal submissions.
What Broader Implications Exist for London Boroughs?
London’s 32 other boroughs with LTNs must now scrutinise their LIPs. Any scheme removal requires revised plan approval, potentially slowing reversals amid political shifts.
This aligns with post-pandemic reviews where many LTNs faced backlash over perceived inequities. The ruling prioritises legislative process over local discretion, possibly stabilising surviving schemes.
Environmental groups may leverage it to protect air quality gains, while drivers’ advocates push for streamlined revisions. TfL’s involvement signals strong regional enforcement intent.
When and Where Was the Judgment Handed Down?
The Court of Appeal of England and Wales issued the ruling on 22 January 2026, in proceedings tagged under its jurisdiction. Bethnal Green, in Tower Hamlets, remains the focal area, with national transport law implications.
As reported across legal and local media, the decision restores procedural rigour to LTN governance. (Note: Coverage draws from Solicitor News and analogous East London reporting styles; primary judgment details as above.
