Source: All England Reporter
Publisher Citation: [2002] All ER (D) 494 (Jul)
Court: Administrative Court
Judge:

Maurice Kay J

Representation Roger Henderson QC, Charles Mynor and Marina Wheeler (instructed by Colin Wilson) for the claimant.
  Charles George QC, James Pereira and Alex Booth (instructed by DLA) for the defendant and Transport for London, interested party.
  Roger Henderson QC and Wendy Outhwaite (instructed by Alun Phillips) for interested party.
Judgment Dates: 31 July 2002

Catchwords

Local authority - Powers - Congestion charging scheme - Defendant confirming order implementing congestion charging scheme - Claimant authority objecting to scheme - Claimant contending defendant erring in not conducting independent inquiry or environmental impact assessment - Claimant relying on provisions of EC and Convention law - Whether claimant having standing to rely on EC and Convention law - Council Directive (EEC) 85/337 - European Convention on Human Rights, art 34 - s 7 - Town and Country Planning (Environmental Assessment) Regulations 1999.

The Case

Westminster City Council failed in a challenge against the Mayor of London's confirmation of an order introducing a congestion charging scheme in central London. The court ruled that their challenges under EC Legislation, the Town and Country Planning (Environmental Assessment) Regulations 1999 and the European Convention on Human Rights were inapplicable or misconceived.

Practice Areas

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