Questions have been asked about whether plans to introduce car park charges are legal.

Calderdale Council is looking at introducing charges in car parks that were previously free.

Brighouse councillor Scott Benton has questioned if it’s legal after a recent High Court ruling against a different authority.

Last week at the High Court Mrs Justice Lang declared that the legislation under which Barnet Council had increased residents permit charges, the 1984 Road Traffic Regulation Act, “is not a fiscal measure and does not authorise the authority to use its powers to charge local residents for parking in order to raise surplus revenue for other transport purposes”.

Calderdale Council’s website admits the increase is an income-generator.

However, a council spokeswoman said the ruling was for permits and their changes relates to car parks.

Clr Benton, a Brighouse Conservative, questioned if the law could go against the council: “The council are using hard-pressed motorists as a source of extra revenue.

“This would appear to be against the law and I am calling for the council to reverse the introduction of these charges with immediate effect.

“The Conservatives vigorously opposed these charges when they were proposed last year as we believed that they would reduce footfall on the high street and harm local businesses.

“These proposals are not only bad for the local economy but appear to be contrary to UK law and the council must act immediately to correct the situation.”

The council spokeswoman said: “Calderdale Council is introducing pay and display charges in several of the remaining free car parks across Calderdale.

“These are currently maintained by Calderdale council using money which could be used to pay for other Council services.

“By introducing a charge of 40p per hour, one of the lowest tariffs in West Yorkshire, we will make sure that our car parks are self-financing, helping us to cover the cost of keeping our car parks well maintained, safe and clean.”

A petition of more than 1,000 people opposing the move in Brighouse was handed to the council.

Calderdale Council is due to implement its parking changes this autumn.

Among those affected include the Bank Street car park, Mill Lane car park, and Church Lane Car Park, all in Brighouse.

Lambert Street car park and the Brig Royd Car Park, both in West Vale, are also affected.

The car parks, which are all long stay, will have a tariff of 40p per hour. Charges will apply from Monday to Saturday between 8am and 6pm. People with a disabled badge will be exempt. Parking on Sunday remains free.

The complete report set a target of £503,000 for 2013/14 and £600,000 for 2014/15 onwards arising from phase two of the parking study. A further income target of £403,000 was agreed for 2014/15 onwards by increasing car parking charges further.