Planning Court rejects challenge to Oxford congestion charge
Public law & judicial review, Planning & environment
The Planning Court has refused permission to apply for judicial review of a decision by Oxfordshire County Council to impose a congestion charge for cars entering Oxford. The charge was introduced as an interim measure to help ease congestion in the city centre pending completion of works by Network Rail to Botley Road railway bridge whereupon the County Council intends to implement a previously worked experimental traffic filter scheme.
The challenge, brought by Open Roads for Oxford, alleged amongst other things that the decision to implement the congestion charge was based upon a flawed consultation and an unlawful equality impact assessment. Agreeing with Johnson J, who had refused ORFO permission on the papers, Fordham J held that none of the proposed grounds for judicial review had a realistic prospect of success. The consultation documents had given consultees a full and fair opportunity to address whether a charging scheme should exist at all and the equality impact assessment showed, when read as a whole, that due regard had been given to the relevant equality goals.
The full judgment is available here.
Kelvin Rutledge KC and Jack Barber represented Oxfordshire County Council.
