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R (Hawes) v Tower Hamlets LBC [2024] EWHC 3262 (Admin): Court upholds removal of Bethnal Green LTN; no best value breach; consultation lawful; limits of judicial review

Published on: 22 January 2025

Published by a LexisNexis Local Government expert
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R (on the application of Hawes) v Tower Hamlets London Borough Council and Transport for London [2024] EWHC 3262 (Admin)

What are the practical implications of this case?

Low traffic neighbourhood schemes in London remain contentious, with communities and vehicle users in affected boroughs notably divided. Their primary objective is to reduce congestion and pollution, and they sit as a key policy of the MOL and Transport for London. This judgment demonstrates the limits of judicial review’s supervisory reach: where London boroughs undertake a proper consultation, they may lawfully exercise their powers to decide outcomes, including discontinuing existing schemes, even when Transport for London supports them. The case also underscores the complex interaction between local authority guidance—namely London Borough Mayors and the Mayor of London—statutory obligations, and competing community interests. In the context of urban traffic management, it confirms that decisions made by boroughs following the requisite consultation will be respected, and that the court will not intervene to substitute its view for that of authorities acting within their powers...

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