Hawes, R (On the Application Of) v London Borough of Tower Hamlets [2026] EWCA Civ 24 (22 January 2026)

Hawes, R (On the Application Of) v London Borough of Tower Hamlets [2026] EWCA Civ 24 (22 January 2026)

The duty to 'implement' under section 151(1)(a) of the Greater London Authority Act 1999 includes a duty to retain the scheme as approved in the Local Implementation Plan unless and until a revised plan is approved by the Mayor of London. The Council's removal of the Scheme without such revision and approval was unlawful.

Citation
[2026] EWCA Civ 24
Parties
Claimant/appellant: Oliver Hawes; Defendant/respondent: London Borough of Tower Hamlets; Interested Party: Transport for London
Jurisdiction
England and Wales
Judgment Date
22 January 2026
Procedural Posture
Judicial Review (administrative Law) / Appeal From High Court (administrative Court) to Court of Appeal
Outcome
Appeal allowed on ground of breach of section 151(1)(a) of the 1999 Act; other grounds dismissed.
Legal Topics
Statutory Interpretation, Judicial Review, Consultation Requirements, Local Implementation Plans, Transport Strategy, Public Law Duties
Administrative Law Local Government Law Transport Law Statutory Interpretation Judicial Review Consultation Requirements Local Implementation Plans Transport Strategy +1 more

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Parties

Oliver Hawes

Claimant/appellant

London Borough of Tower Hamlets

Defendant/respondent

Transport for London

Interested Party

Procedural Posture

Judicial Review (administrative Law) / Appeal From High Court (administrative Court) to Court of Appeal

Legal Issues

  1. 1 Whether the decision to revoke the Low Traffic Neighbourhood scheme breached the duty to implement the Local Implementation Plan under section 151(1)(a) of the Greater London Authority Act 1999
  2. 2 Whether there was an unlawful failure to have regard to the contents of the Local Implementation Plan
  3. 3 Whether the failure to re-consult on Option 3 was so unfair as to be unlawful

Ratio Decidendi

The duty to 'implement' under section 151(1)(a) of the Greater London Authority Act 1999 includes a duty to retain the scheme as approved in the Local Implementation Plan unless and until a revised plan is approved by the Mayor of London. The Council's removal of the Scheme without such revision and approval was unlawful.

Court Disposition

Appeal allowed on ground of breach of section 151(1)(a) of the 1999 Act; other grounds dismissed.

Orders

  • Quashing order to set aside the decision to revoke the Scheme (subject to further submissions on remedy)