Update on central London congestion charging

On Monday 15 July the High Court in London will begin hearing a challenge by Westminster City Council to the Mayor for London's plan for congestion charging.

The Council has 4 grounds of challenge:

1. The Mayor failed to obtain and consider the information necessary to permit him to confirm the Central London Congestion Charging Order in 2001;

2. The decision by the Mayor to confirm the Order was in breach of the Town and Country Planning (Environmental Assessment) Regulations 1999, in that without an EIA there was no consideration of significant effects on the environment likely to arise as a result of implementing the congestion charging scheme, and in particular, the Mayor misdirected himself in law by concluding that:

a. No EIA was required, when it was his view that significant effects would arise in the control of congestion; and

b. The effect of the scheme on human beings were not relevant environmental impacts.

3. The decision by the Mayor not to exercise his power and hold a public inquiry into the implementation and operation of the scheme before deciding to confirm the scheme, was unlawful and contrary to Article 6 of the European Convention on Human Rights; the right to a fair and public hearing by an independent and impartial Tribunal.

4. The decision to confirm the scheme without an Environmental Impact Assessment having been produced, or a public inquiry having been held, was unlawful under Section 6 1998 Human Rights Act in that, amongst other things, it violated the rights of those residents to the peaceful enjoyment of their homes and family lives (Article 8 of the convention) and was a violation of their rights.

The Council has applied to the High Court for an order to

a. to quash the Mayor's decision not to require an EIA to be produced;

b. to quash the Mayor's decision not to hold an inquiry and his decision to confirm the scheme order;

c. that the Mayor produce an EIA to assess the scheme and call a public inquiry to examine the scheme.

Within London, the scheme is of great importance to the Mayor and his plans for raising further revenue for public transport: the Greater London Authority Act 1999 gives the power to the Mayor to "ringfence" the net income from the congestion charging scheme and put it directly into public transport in London. Transport for London has calculated that the annual net revenue from 2003/4, each financial year, would be £130 million but recent press reports suggest that the start-up costs of the scheme have been underestimated. A successful challenge would lead to a delay in the implementation of the scheme, which the Mayor and Transport for London are seeking to implement by Spring 2003.

There is also a wider national significance; the power that the Mayor is seeking to use by introducing a congestion charging scheme in London was provided to other local authorities across England in the Transport Act 2000. London is an important testing ground for the implementation and operation of such a scheme, and if the scheme is seen to be difficult to operate in London, then other local authorities may be unwilling to push any plans they have further forward. In addition, the Government's 10 year transport plan relies to a certain extent on local authorities being able to use ringfenced revenue from congestion charging schemes in their areas. A shortfall here may lead to objectives and aspirations not being met in transport plans across the country.

The hearing is likely to last for 3-5 days and a Law Now email will follow when the judgment is announced.

In the meantime, if you have any further queries on the matter, please do not hesitate to contact Alistair Watson on +44 (0)20 7367 3890 or at [email protected] or Chris Williams on +44 (0)20 7367 3571 or at [email protected].