A London borough mayor will be accused of “riding roughshod” over the views of thousands of residents when a landmark case about low traffic neighbourhoods reaches the High Court this week.
The Save Our Safer Streets group has brought a claim against Tower Hamlets mayor Lutfur Rahman after he decided in September 2023 to axe three LTN schemes in Bethnal Green.
Mr Rahman was re-elected mayor on a pro-car platform in 2022 and believes the schemes displace traffic on to main roads “typically lived on by less affluent residents”.
But this sparked a massive backlash in support of the LTNs, which are in Columbia Road, which houses the popular flower market, Arnold Circus, near Brick Lane, and Old Bethnal Green Road.
They have remained in place pending the outcome of the hearing, which will take place over two days starting on Wednesday.
More than 1,400 people have pledged more than £78,000 to fund the judicial review legal challenge.
This will determine whether Mr Rahman broke the law in the way he decided to remove the LTNs.
Lawyers from Leigh Day will argue on seven grounds, including that the mayor ignored Government guidance on LTNs, ran a “flawed” consultation and decision-making process, and failed to properly consider if removing the LTN’s safer street layouts would be a good use of £2.5 million of public funds.
Ricardo Gama, senior associate solicitor at Leigh Day, said: “Lutfur Rahman committed in his election manifesto to following a legal consultation process before deciding whether to remove the safer street layouts in Tower Hamlets.
“The High Court will hear why the procedure which he and the council followed appears to have been anything but that.
“Our client argues that by failing to comply with the legal safeguards for local government decision-making, Mr Rahman and the council have ridden roughshod over the plurality of voices who live and work in Tower Hamlets, in particular the majority of households in the borough who don’t own a car.”
A Tower Hamlets council spokesperson said: “We remain confident in our legal position and we look forward to the outcome of this week’s hearing.”
Transport for London has joined the case as an “Interested Party” and has submitted detailed evidence to the court.
TfL is arguing that Tower Hamlets’ decision didn't follow the necessary legal processes and is at odds with the council’s local implementation plan which had previously been agreed with the Mayor of London, Sadiq Khan.
TfL funding is allocated to boroughs for schemes that are an agreed part of local implementation plans.
Jane Harris, spokesperson for SOSS, said: “This is a proud moment for our campaign, for the thousands who have helped us raise the funds to come to court and those who’ve spoken out in favour of keeping safer streets.
“TfL’s involvement shows our cause has implications far beyond Tower Hamlets. We know the mayor of London has spoken in the past against Tower Hamlets’ decision and we’ve recently presented a petition asking him to step in to make sure the city’s transport policy stays joined-up.
“No local authority has previously removed a permanent low traffic scheme that has local support.
“Local people have repeatedly said they want to keep the Bethnal Green schemes and removal would be an appalling waste of £2.5m of public money which would be better spent on the housing, social care and schools Tower Hamlets residents urgently need.
“If the judge decides that any of our seven grounds are proven, then the mayor’s decision is likely to be cancelled by the court. We hope this will lead Tower Hamlets council to rethink their plans and focus on the real priorities of local communities.
“Ultimately, our vision is to save our safer streets for everyone in our community, by keeping and improving the safer walking routes, community spaces, good cycle paths and healthier air we have now.”
In February, a judge ruled that the claim had legal merit and could be heard by the court. An attempt by Tower Hamlets council to have the case thrown out was rejected.
The LTNs were introduced in 2021 by the borough’s previous Labour mayor, John Biggs. They include cycle lanes, pocket parks, seating areas and large planters that prevent residential streets being used by through traffic.
