The mayor of Tower Hamlets acted unlawfully in attempting to remove three low traffic neighbourhood (LTN) schemes, the court of appeal has ruled.
Road safety activists say they feel vindicated after campaigning for more than three years to keep the traffic restrictions in place in the east London neighbourhoods of Bethnal Green, Shoreditch and Columbia Road.
The case was heard by the court of appeal after the mayor, Lutfur Rahman, won an earlier hearing at the high court last December.
Rahman had campaigned on a promise to remove the LTNs that he said were barriers for working-class people who relied on cars; his manifesto said he wanted to “reopen our roads, and abolish the failed Liveable Streets scheme, which has seen emergency services and vulnerable residents’ access blocked”.
But campaigners argued that people benefited from the barriers, and their campaign was supported by local NHS trusts and the headteachers of five schools. They said that the LTNs were “simple and cheap infrastructure which protects our public realm from the worst impacts of cars and drivers’ behaviour and encourages and supports people who choose or have no choice but to walk, cycle or get public transport. We need to do this to support vulnerable members of our society, to reduce isolation, to improve safety and accessibility.”
The panel of three judges ruled that Rahman did not have the right to remove the LTNs because they had been put in place as part of a traffic strategy agreed with Transport for London (TfL).
Ted Maxwell, of Save Our Safer Streets, said the intervention of TfL helped win the appeal. “We the community brought this legal challenge, including raising thousands of pounds for legal support, but the involvement of TfL was key and their barrister, Charlotte Kilroy KC, was quietly devastating in court. The judge said Rahman acted beyond his powers.
“The judge ruled that Rahman does not have the power to remove a scheme that was delivered as part of a Transport for London implementation plan.”
Maxwell said he hoped activists around London would take heart from the victory. “We are vindicated and this is a very emotional moment for us. We hope campaigners for safer streets see this as a shot in the arm.”
Sadiq Khan, the mayor of London, has been clear about his wish to reduce the number of car journeys in the capital, calling last year for more low traffic streets and a commitment to 20mph speed limits.
A TfL spokesperson said: “We are very pleased with the court’s decision in this case, which 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.
“Walking and cycling infrastructure, such as low traffic neighbourhoods, plays an important role in making our streets safer.”
A spokesperson for Tower Hamlets Council said: “We are disappointed with the ruling, not least because previously the courts have ruled in our favour. We will review the judgment which has significant implications across London, and we will be seeking permission to appeal to the Supreme Court.”
