Councils net permission for ULEZ expansion judicial review
The High Court has granted permission for a judicial review into the Mayor of London’s decision to expand London’s Ultra Low Emission Zone (ULEZ).
The legal challenge, brought by the London boroughs of Bexley, Bromley, Hillingdon and Harrow, along with Surrey County Council, was granted permission yesterday (12 April) on the following grounds:
- Failure to comply with relevant statutory requirements
- Whether the Mayor properly considered the previous “buffer zone” approach as a material consideration in relation to the scrappage scheme.
However, three of the five grounds were rejected outright.
As of August 2023, drivers of cars that do not meet the emissions standards will have to pay £12.50 a day to enter the Greater London Authority boundary, as part of Sadiq Khan and Transport for London’s proposed expansion.
The coalition of councils have revealed the hearing of the claim is likely to be listed in the week commencing Monday 3 July or “shortly thereafter”.
Cllr Tim Oliver, Leader of Surrey County Council, said: “This is good news and I’m pleased that our challenge to the Mayor of London regarding ULEZ is proceeding. The impact on Surrey’s residents and businesses has been ignored by the Mayor and it’s frankly disgraceful that it’s taken legal proceedings to have our voices heard.
“Our consultation response in July 2022 clearly highlighted that the Mayor’s decision failing to include Surrey residents in any scrappage scheme was unacceptable, and proposed a number of other recommendations to help mitigate both the financial and potential environmental impacts of the expansion. Our concerns have not been addressed by The Mayor.
“We remain committed to delivering a greener future, but it must be done in a practical and sustainable way. We will now await the findings of the judicial review.”
Cllr Colin Smith, Leader of Bromley Council, said: “We have continued to outline our concerns about the legality of the decision being made, which is why we have taken legal action. We welcome the fact that these concerns will now be heard by the High Court, with the outcome a matter for the court to determine. Our principled opposition to the expanded ULEZ remains undiminished. We will continue to stand up for residents and the many businesses who face an even more uncertain future. We are standing up for what is right, which includes clean air, with Bromley’s excellent record in this regard already plainly evident within the Mayor’s own research papers.
“There is still time for the Mayor to pull back and take a more considered approach which takes outer London’s differing needs and circumstances into account and I call upon the Mayor publicly once again to do precisely that, not just for the good of due process, but most of all for the benefit of all those threatened by the horrendous daily cost of his proposed tax, particularly upon those least able to pay.”
Transport for London (TfL) has revealed it will “continue to defend the challenge”.
A TfL spokesperson said: “The Mayor has been clear that with around 4,000 Londoners a year dying prematurely from toxic air, his decision to expand the ULEZ should be implemented without delay. We are aware that the court has refused permission for the claim to proceed on three of the five grounds and we will continue to defend the Mayor’s decision.”
A spokesperson for the Mayor of London said: “The Mayor is pleased to see the court has refused permission for the majority of the grounds. We will continue to robustly defend his life-saving decision to expand the ULEZ and continue with preparations without delay.
“It is a shame that some local authorities have chosen to attempt this costly and misguided legal challenge instead of focusing on the health of those they represent.”
Lottie Winson
