Five councils launch judicial review over expansion of Ultra Low Emissions Zone in London

A coalition of five councils have launched a judicial review into the Major of London’s decision to expand London’s Ultra Low Emissions Zone (ULEZ).

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, from 29 August 2023.

The announcement came despite “overwhelming” opposition to the plans, after a public consultation found 80% of people in the affected areas were opposed to the expansion of the zone.

The London boroughs of Bexley, Bromley, Harrow and Hillingdon and Surrey County Council announced yesterday (16 February) that they would challenge the expansion in the High Court on five grounds:  

1. Failure to comply with relevant statutory requirements.
2. Unlawful failure to consider expected compliance rates in outer London.
3. The proposed scrappage scheme was not consulted upon.
4. Failure to carry out any cost benefit analysis.
5. Inadequate consultation and/or apparent predetermination arising from the conduct of the consultation.

The group highlighted Treasury guidance that recommends a cost benefit analysis where a policy decision requires the use of “significant new” public money. “No such analysis was undertaken by the Mayor and no explanation given as to why one was inappropriate”, the group claimed.

Cllr Tim Oliver, Leader of Surrey County Council, said: “We are committed to delivering a greener future, but it must be done in a practical and sustainable way. We are dismayed at the lack of discussion or consideration given to these proposals by the Mayor of London. The impact on many Surrey residents and businesses will be significant and we will not stand by and watch that happen with no mitigations offered from the Mayor.” 

Cllr Ian Edwards, Leader of Hillingdon Council, said: “We believe Sadiq Khan’s decision to impose this scheme on outer London boroughs is unlawful – his spending nearly £260 million of public money without any cost benefit analysis.

“The predominant effect of ULEZ expansion will be to financially cripple already struggling households, further isolate the elderly and harm our local economy with negligible or no improvement to air quality. Investment in improved transport links – on a par with those in areas within the existing ULEZ – is the better way to reduce car use in Hillingdon.” 

The councils stated that details of the scrappage scheme only became available following the Mayor’s decision and were not subject to prior consultation, including the decision to only offer the scrappage scheme to those residing in London.

Cllr Baroness O’Neill of Bexley OBE, Leader of the London Borough of Bexley, said: “We have been clear from the start that we believe air quality is important but that ULEZ is the wrong solution. By wanting to expand ULEZ to outer London boroughs it appears that the Mayor’s message is you can pollute as long as you can afford the £12.50.  

“We believe he should give the monies that he has allocated to ULEZ to the boroughs who actually understand outer London and the transport connectivity problems our residents face to come up with innovative solutions that will deliver better, more practical results.”

Cllr Colin Smith, Leader of Bromley Council, said: “We have been sounding the alarm about Mayor Khan’s attempted tax raid on the outer ‘London’ suburbs for many months now. The fundamental truth as to his true intention is now increasingly plain for all to see.  

“In Bromley, this socially regressive tax directly threatens jobs, the viability and availability of small businesses, and causing significant damage to vital care networks, as well as creating a completely avoidable spike in the cost of living locally, at a time when some households are already struggling to make ends meet.”

A spokesperson for the Mayor of London said: “While we’re aware of media speculation that an application for a judicial review has been made by four boroughs and Surrey County Council, neither the GLA nor TfL have been served with their claim. We will be defending any challenge to this vital scheme. 

“Around 4,000 Londoners die prematurely every year due to air pollution. The Mayor is determined to protect the lives of Londoners who are growing up with stunted lungs and more at risk of heart disease, cancer and dementia due to our toxic air.  

“The Mayor urges the councils involved to abandon this costly and unnecessary legal challenge and instead focus on the health of those they represent.”

In an interview with BBC Radio London this week, Sadiq Khan said: “In 10, 20 years time, people will look back at those opposing the ULEZ expansion, and say they were on the wrong side of history.”