Response to [CLICK HERE to read or add to Kennington News]

Judge clears £5 charge on drivers

Tania Branigan
Thursday August 1, 2002

The Guardian

Drivers will pay £5 a day to enter the centre of London from February, after Ken Livingstone defeated opponents of his scheme in the high court yesterday.

Environmentalists and business leaders celebrated the failure of the attempt to block the scheme by a coalition led by Westminster city council.

The ruling was welcome news for the capital's mayor, who last week abandoned his challenge to the part privatisation of the underground, leaving Transport for London, the body overseeing strategy, with costs of up to £4m.

"We are happy our entire approach to the introduction of congestion charging, which has involved an unprecedented level of consultation, has been vindicated," Mr Livingstone said.

After a six day hearing Mr Justice Maurice Kay dismissed Westminster's application for judicial review and refused permission for residents in Kennington, south London, to apply for judicial review.

The council had accused the mayor of approving the scheme too hastily, because he had not held a public inquiry.

The Kennington claim was that it breached residents' rights because air quality would deteriorate and property values around the charging zone's boundary; the judge said their case relied on "unconvincing" evidence. He added: "It is not for me to be influenced in any way by whether I consider the scheme to be good or bad.

"I am satisfied the decision is a lawful one. It may be that a more cautious mayor would have sought to underwrite his judgment by resort to, for example, a public inquiry, but this mayor has decided lawfully against that course."

Mr Justice Kay ordered Westminster to pay the mayor's and Transport for London's £1m costs. He gave Westminster seven days to appeal, on the grounds Mr Livingstone had not ordered an environmental impact assessment, but added he was "less than convinced" it had a realistic chance of success. He refused the residents leave to appeal, but capped their liability for costs at £10,000.

Mr Livingstone's lawyers argued that he had acted in "a rigorous and conscientious manner", recruiting experts, contacting outside specialists on traffic and air pollution, and organising wide consultation including exhibitions and public meetings.

Kit Malthouse, deputy leader of Westminster, said the council was "deeply disappointed" by the ruling and was considering further action. Kensington and Chelsea borough council, which backed Westminster, called the ruling a defeat for common sense. The AA and the Freight Transport Association also criticised the scheme. David Davis, the shadow deputy prime minister, said: "People will not stop using their cars until there is a viable alternative."

Campaigners including Friends of the Earth, the London Cycling Campaign and the Commission for Integrated Transport welcomed the decision. Dirk Paterson, of the London Chamber of Commerce, attacked Westminster for wasting taxpayers' money when it should have been concentrating on tackling congestion, which he said cost business £4bn a year.

The CBI's London branch welcomed the ruling, but wanted the mayor to address the issue of traffic build-up at the edges of the zone.

Guardian Unlimited © Guardian Newspapers Limited 2002

[ Previous | Next ]