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A court has ruled that a London borough cannot rip out congestion-causing low traffic neighbourhoods (LTNs) without getting the nod from Sadiq Khan, following a legal appeal from residents.
Tower Hamlets Council head Lutfur Rahman was elected in 2022 on a platform of pledging to remove LTNs, which use cameras, planters and bollards to close streets off to through traffic, in Bethnal Green.
But a court has said he cannot remove the scheme because he had failed to follow a plan pre-agreed with the Mayor of London before he was elected - and that he needed Mr Khan's permission to make any changes.
The council said today it was 'disappointed' by the Court of Appeal's decision, while London's Conservatives have accused Mr Khan of ruling over the roads of the city's boroughs with an iron fist.
Thomas Turrell AM, transport spokesman for the City Hall Conservatives, said: 'This ruling shows that under Sadiq Khan it's his way or the highway.
'London Boroughs are told they have local democracy, but the moment they take a view that's anti-LTN or anti-Labour, they're slapped down.'
Mr Rahman's plan to open up Columbia Road, Arnold Circus, and Old Bethnal Green Road was challenged by a campaign group called Save Our Safer Streets (Soss), made up of locals who say the traffic-calmed streets are better.
Led by local Oliver Hawes, it lost a bid for a judicial review at the High Court at the end of 2024 - but the Court of Appeal has now overturned that verdict after hearing additional arguments from Soss and Transport for London.
A council's bid to remove low traffic neighbourhoods from its streets has been thrown out on appeal - on the grounds that it did not seek Sadiq Khan's permission
Tower Hamlets mayor Lutfur Rahman (pictured) tried to remove three LTN schemes from Bethnal Green in 2023 - a platform upon which he had been elected
LTNs use a combination of planters, bollards and camera enforcement to block cars from driving into residential areas
On Thursday, Lord Justice Singh, Lord Justice Arnold and Lord Justice Miles concluded that Tower Hamlets acted unlawfully by failing to follow its local implementation plan.
Each of London's boroughs has one, which describes how they will work towards the goals of Mr Khan's transport strategy as it seeks to cut car journeys across the capital. Each one requires the approval of the Mayor of London, and is given .
If a borough wants to make changes to its plan it must seek a green light from City Hall - which Tower Hamlets did not. Its bid to bin the LTNs has been quashed. It intends to seek permission to appeal to the Supreme Court.
Read More Battle to scrap one of London's most hated LTNs which banned cars from councillor's own road
The ruling has implications for boroughs across London, which may face an uphill struggle if their views on parking, cycling and car use do not align with those of the Mayor.
Writing in a 24-page judgement, the Lords Justices noted that Mr Khan and Mr Rahman - who was elected in 2022 after a spell of political exile following his conviction of electoral fraud - had 'strong and differing views' on LTNs.
However, they were clear that politics had no part to play in the court's decision.
'This court cannot enter into those differences of political opinion. It is not the task of this court to assess the merits of LTNs in general or the particular Scheme in this case,' the judges said.
Of Tower Hamlets, they added: 'The Respondent's decision to remove the Scheme without going through the statutory process for revising it, including the approval of the Mayor of London, was unlawful.'
Two further issues - including whether the council breached the law by failing to re-consult on removing the LTNs - were dismissed.
The court had been told that residents were only ever offered the option of keeping or removing the scheme, but a third option of retaining it with some changes was also prepared - but never put to consultation. This was not, the court said, 'unfair'.
Soss has hailed the ruling as setting a 'major precedent for London boroughs', warning that they 'can't just tear out schemes without (the) Mayor of London's approval.'
The campaign group's Ted Maxwell said: 'Thousands of local residents will be extremely pleased and relieved that the Court of Appeal has ruled that the decision to remove our popular Low Traffic Neighbourhood was unlawful.
'This is a victory for local people who came together when they saw that their community stood to lose the safer streets they really value.
'This means the Mayor of Tower Hamlets must now accept that our safer streets are here to stay and he should look for a better use of £2.5m of public funds.'
An LTN in Bethnal Green in the London Borough of Tower Hamlets. A court has ruled that the three schemes must remain in place
A map of LTNs rolled out in Tower Hamlets. Bethnal Green is the shaded area in the top-left
A cyclist passes through a camera-controlled LTN in London. Some schemes have been successfully challenges in the courts
Ricardo Gama of legal firm Leigh Day, which represented Soss, added: 'The Mayor of London's transport strategy promotes low traffic infrastructure... this judgment confirms that the Tower Hamlets' Mayor cannot unilaterally go against that strategy.'
TfL said it was 'very pleased' with the ruling, which it said 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'.
Mr Khan himself appeared to approve of the ruling, writing on X: 'Another example of us doing what is right for Londoners... Change isn’t easy, but I’m willing to make tough choices to make our city safer.' Replies to the post were turned off.
Read More Moment desperate drivers realise they're snared by London's most-hated low traffic neighbourhood
His spokesperson added: 'The Mayor will continue to do all he can to build a greener, fairer London for every Londoner.'
In a statement, Tower Hamlets said it would be seeking to appeal the ruling in the Supreme Court, the highest court in Britain.
It 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.'
The case comes on the heels off a loss for Lambeth Council against residents who opposed an LTN in West Dulwich. The scheme, which had earned the council £1m in fines, was deemed unlawful by a court in May.
TfL admitted on Wednesday that LTNs have contributed to congestion in some areas. It also previously halted the publication of a report that said LTNs fail to cut car use.
Carl Eddleston, director of streets. and network operations, admitted at a London Assembly transport committee meeting: 'In some locations they have added congestion to the local area, but nearly all of them have been huge successes.'
Critics say LTNs put pressure on surrounding roads and may hamper emergency service vehicles if they are blocked from accessing a street.
Tower Hamlets itself says the two most polluting roads in its borough are the A11 and A12 red routes managed by TfL, and pointed out that it kept a number of other LTNs in its area despite seeking to scrap those in Bethnal Green.
Average bus speeds in London have fallen to their lowest level in 40 years - just 9.17mph, down from 10.27mph four years ago. The city is also the slowest capital city to drive in in the world, according to recent data published by TomTom.