Oliver Hawes, R (on the application of) v London Borough of Tower Hamlets

Oliver Hawes, R (on the application of) v London Borough of Tower Hamlets

The Respondent’s decision to revoke the Scheme was unlawful because section 151(1)(a) of the Greater London Authority Act 1999 imposes a duty not only to implement but to retain approved schemes unless and until the Local Implementation Plan is revised and approved by the Mayor of London; removal without such revision breached this statutory duty.

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 / Appeal From High Court, King's Bench Division, Administrative Court
Outcome
Appeal allowed on breach of statutory duty; other grounds dismissed.
Legal Topics
Statutory Interpretation, Local Implementation Plans, Public Consultation, Judicial Review, Transport Strategy
Administrative Law Local Government Law Transport Law Statutory Interpretation Local Implementation Plans Public Consultation Judicial Review Transport Strategy

Case Brief

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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 / Appeal From High Court, King's Bench Division, Administrative Court

Legal Issues

  1. 1 Whether the Respondent’s decision to revoke the Scheme breached its duty to implement its Local Implementation Plan under section 151(1)(a) of the Greater London Authority Act 1999
  2. 2 Whether the Respondent unlawfully failed to have regard to the contents of its Local Implementation Plan
  3. 3 Whether the failure to re-consult the public on Option 3 was so unfair as to be unlawful

Ratio Decidendi

The Respondent’s decision to revoke the Scheme was unlawful because section 151(1)(a) of the Greater London Authority Act 1999 imposes a duty not only to implement but to retain approved schemes unless and until the Local Implementation Plan is revised and approved by the Mayor of London; removal without such revision breached this statutory duty.

Court Disposition

Appeal allowed on breach of statutory duty; other grounds dismissed.

Orders

  • Quashing order to set aside the Respondent’s decision to revoke the Scheme, subject to further submissions on remedy.