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NATIONAL NEWS: Westminster in court challenge to planned London traffic charges

By Nikki Tait, Law Courts Correspondent
Financial Times; Jul 16, 2002

Ken Livingstone, the London mayor, pushed ahead with a plan to charge motorists £5 to drive into central London without fully considering traffic and environmental implications, it was argued in the High Court yesterday.

Westminster City Council, along with the Kennington Association, is challenging the scheme - set to come in next February - claiming it was unlawful and likely to have a detrimental environmental and traffic impact.

The council, whose territory would be divided by the scheme, is asking the courts to block the project. Roger Henderson, QC, appearing for the council, argued that the mayor had failed to order an environmental impact assessment, or hold a public inquiry, and made it impossible to consider fully all the repercussions the scheme would have.

The scheme would lead to a "significant air quality deterioration" as motorists took short cuts on the fringes of the charging area, causing fresh problems, Mr Henderson argued. "The mayor says there will be no traffic jams. We say on the evidence [that] he cannot reach that conclusion."

Part of the legal challenge to the scheme cites human rights arguments. The scheme would create an eight-square mile zone in central London. Drivers would be charged £5 per vehicle per day between 7am and 6.30pm weekdays with fines for non- compliance.

It is anticipated that the scheme would cost £200m to set up but generate about £130m in revenue a year, ahead of any fines.

Westminster City Council disputes some of Mr Livingstone's figures. The mayor maintains that studies into the scheme have been conducted properly.

The judicial review hearing, before Mr Justice Maurice Kay, is expected to last five days.

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