Update on Central London congestion charges

Last week Mayor of London Ken Livingstone was successful in defeating the High Court challenge by Westminster City Council to his proposed congestion charging in Central London. The judicial review had been brought by the Kennington Association in addition to Westminster. Mr Justice Maurice Kay dismissed the claim, which allows the Mayor to proceed with his scheme which he believes will cut congestion within Central London by up to 15% and raise at least £130 million a year which will go back into the capital's transport system.

Westminster City Council had alleged that the effects of the scheme had not been given sufficient scrutiny by the Mayor. They relied on expert evidence which they claimed had shown that congestion on the outskirts of the charging zone would increase and there would be a serious decline in air quality within surrounding Boroughs.

The Mayor had relied on expert evidence provided by Transport for London (TfL) in rebutting the claims.

In his judgment Maurice Kay J. decided that:

• TfL was entitled to conclude that congestion charging would not have a significant impact on air quality issues.
• The Mayor and TfL had consulted fully and effectively before the Mayor proceeded with his decision on confirmation.
• There was no failure in providing information to the Mayor on air quality or other issues and it was appropriate for officers to make judgments.
• There was no obligation under English or European law to undertake a formal Environmental Impact Assessment into the proposed scheme.
• It was not irrational or unlawful for the Mayor to decide not to conduct a public inquiry into the scheme.
• The Court was not convinced that the impact of the congestion charging scheme would have a significant impact on property values as argued by the Kennington Association.
• There was insufficient evidence for the claimants to invoke Article 8 of the European Convention on Human Rights (providing for a right to respect for the citizen's home).

Background to the Proposed Scheme

Under the scheme motorists will be charged £5 for driving in parts of Camden, Islington, Southwark, Lambeth, the City of Westminster and the City of London inside the Inner Ring Road between 0700 and 1830BST from Monday to Friday. Anyone who is caught not paying will be fined up to £120.

The scheme was first proposed in the Mayor's Transport Strategy which argued that congestion charging was the best system for London from an environmental, economic and social point of view.

The Mayor has recently indicated in the press that if the scheme does not succeed in cutting traffic levels within 8 weeks of implementation he will either increase the fee or scrap the scheme altogether.

If you require any further information please contact Alistair Watson at [email protected] or on +44 (0)207 367 3890.