High Court to Hear Legal Challenge Against Expansion of London's Ultra-Low Emission Zone
Image Credit: Transport for London
The High Court is set to hear a legal challenge against the proposed expansion of Sadiq Khan’s controversial Ultra-Low Emission Zone (ULEZ). The challenge is brought by five Conservative-led councils, Bexley, Bromley, Harrow, Hillingdon, and Surrey.
Under Khan, the ULEZ was expanded to cover areas from central London to the north and south circular roads in October 2021. TfL and City Hall report that fewer than 6% of vehicles driven in the zone are now non-compliant, reducing air pollution by a quarter.
Although the ULEZ was initially proposed while Boris Johnson was mayor, Khan’s expansion of the zone in 2021 faced fierce opposition.
The next expansion was supposed to be implemented from August 29th, but this is now likely to be delayed following the court challenge.
The Court Challenge
The council coalition presented five reasons for their challenge:
Failure to comply with relevant statutory requirements
Unlawful failure to consider expected compliance rates in outer London
The proposed scrappage scheme was not consulted upon
Failure to carry out any cost-benefit analysis
Inadequate consultation and/or apparent predetermination arising from the conduct of the consultation.
Commenting, 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. Hillingdon, and the other coalition local authorities wouldn't dream of making decisions in this fashion.
"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 High Court granted a judicial review based on 2 of these 5 grounds, but only in part.
Sir Ross Cranston, a former high court judge, deemed the first ground "doubtful but arguable" and the second "on the cusp," but only on one aspect of its argument. He rejected three other claimed grounds for appeal.
The court hearing is expected in July.
Future of the ULEZ
With the hearing expected in July, it seems doubtful that the ULEZ expansion will be able to proceed in August as planned. However, Sadiq Khan remains committed to its extension.
A spokesperson for Khan 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. This is a health emergency and the mayor is not prepared to stand by and do nothing.”