Legal challenge to congestion charge

A top-level legal challenge that could torpedo Ken Livingstone's controversial congestion charge has been launched by Westminster City Council.

It claims the Mayor's plan is legally flawed and calls on the High Court to order a Judicial Review into the scheme which will see thousands of motorists charged £5 a day to enter central London. If the Judicial Review proceeds, Westminster council will appear before a High Court judge to demand a fullscale public inquiry into the scheme which is due to start next February.

The authority will also demand an "environmental impact assessment" into the scheme's effects on residents and businesses. A ruling against would be a big personal blow to Mr Livingstone who believes that congestion charging is his most important contribution since becoming Mayor. It could also delay its launch for up to a year.

At worst it could force Mr Livingstone to re-draw his plans or scrap congestion charging altogether. Westminster council expects to hear whether the Judicial Review will be granted within the next two weeks. If it goes ahead legal teams representing Westminster and Mr Livingstone's Greater London Authority will be summoned before a High Court judge to contest key legal issues. Westminster-says it is challenging congestion-charging on four grounds.

It claims the Mayor botched his consultation by failing to inform residents about the extra pollution and congestion they would face if the scheme goes ahead as thousands of motorists are forced into elaborate "rat runs".

Westminster maintains the Mayor was also wrong not to have ordered an environmental impact assessment to gauge the effects on residents living near the boundaries. The third objection is that Mr Livingstone ignored the need for a formal public inquiry into congestion charging - even though the adverse impacts on thousands of residents was of vital importance. Fourthly, claims Westminster, the Mayor rode roughshod over human rights obligations that meant he should have given more weight to the adverse effects on residents.

Westminster leader Simon Milton said: "We would not be doing this if we did not have grounds for believing that we would be successful. Mr Livingstone is highly committed to this scheme - but it is flawed and rushed."

A council spokesman added that the action was being taken on behalf of thousands of people who live and work in London. He said: "If a Judicial Review is granted and the judge agrees with us, this could force Mr Livingstone to address issues he simply has not looked at."

The congestion charging scheme was set to raise about £130 million for London transport projects. But Westminster has always argued it is flawed.

A ruling against Mr Livingstone will be seen as a victory for critics who say the scheme should be shelved until public transport is overhauled - and for thousands of hospital workers, firefighters and other essential workers who say the £5 charge will impose an intolerable burden on them. If the judge sides with Westminster, Mr Livingstone could be forced to re-examine where the scheme's boundaries lie and introduce new measures to protect residents. Westminster hopes it would force him to reconsider whether a greater number of essential workers should be exempted from the charge.