High Court gives green light to further grounds for challenge in ULEZ expansion judicial review

The High Court has allowed further grounds in the judicial review claim lodged by a coalition of London councils in opposition to the proposed expansion of the Ultra Low Emission Zone (ULEZ).

The coalition comprising the London boroughs of Bexley, Bromley, Hillingdon and Harrow, along with Surrey County Council, was initially granted permission for two of five grounds lodged in April.

But at an appeal hearing last week (26 May), the coalition was granted permission for two of the three grounds that were originally rejected to be included in the claim.

As a result, the claim now includes the following four 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.
• Unfair and unlawful consultation in relation to expected compliance rates in outer London
• Scrappage scheme – irrationality due to uncertainty and inadequate consultation.

The consultation ground and the scrappage scheme ground are the two added grounds.

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.

Commenting on the updated claim, Cllr Colin Smith, Leader of Bromley Council, said: "We are obviously delighted at the High Court's latest decision, which has given further scope to the legal challenge we are mounting as it enables a broader range of legal questions to be posed.

Cllr Smith added: "We are already witnessing widespread upset and uncertainty locally over the prospect of the Mayor's threatened tax against motorists going ahead, due to the damage it will cause to local businesses, jobs and local care networks and anything which assists us in turning this outrageous money making scam away is clearly to be welcomed.

"Outer 'London' isn't the same as Inner London and never will be and every day which passes demonstrates ever more clearly that City Hall simply doesn't understand how those of us in the Outer reaches need to live our lives due to the inferior transport networks and physically longer distances which people need to travel."

The Leader of Hillingdon Council, Cllr Ian Edwards, said: "Today's result is another step forward for the coalition and outer-London. These grounds are key to understanding the harm the ULEZ expansion will have on our residents.

"The Mayor estimated that only one in 10 of vehicles in outer London would be non-compliant but this is proving to be widely inaccurate. The Society of Motor Manufacturers and Traders data shows that one in six cars registered in outer London did not meet Ultra Low Emission Zone (ULEZ) standards last year, and yesterday a new study by TfL found that half the vans registered in outer London are not compliant.

He continued: "We believe that we've assembled a valid and robust case to put before the court and have every confidence that the inappropriateness and harm of these expansion proposals will be given the scrutiny, exposure, and ultimately, the expulsion they deserve."

Commenting on the scrappage scheme aspect of the legal challenge, Matt Furniss, Cabinet Member for Transport, Infrastructure and Growth at Surrey County Council, said: "Our consultation response back in July 2022 clearly highlighted that the Mayor's decision not to include Surrey residents in any scrappage scheme was unacceptable, and proposed a number of other recommendations to help mitigate the impacts of the expansion. Our concerns have still not been addressed by The Mayor, forcing these legal proceedings to have the voice of our residents heard."

A spokesperson for the Mayor of London said: “The Mayor has been clear that the decision to expand the Ultra Low Emission Zone London-wide was not an easy one. However, around 4000 Londoners a year die prematurely from air pollution.

“This is a health emergency and the Mayor is not prepared to stand by and do nothing while Londoners are growing up with stunted lungs and are more at risk of heart disease, cancer and dementia due to our toxic air.

“We note the Court’s decision and will continue to robustly defend action to expand the ULEZ while continuing with preparations for expansion at the end of August.”

The hearing is currently scheduled to be heard on 4 July.

Adam Carey