Councils LOSE High Court challenge against ULEZ expansion
Five Conservative led councils launched legal action of the Mayor's plan
Last updated 28th Jul 2023
Five Conservative-led councils have lost their High Court challenge against Mayor of London's plans to expand the capital's ultra low emission zone.
The legal challenge was brought by five Conservative-led councils against Sadiq Khan's plans set to come in from August 29th.
What was the Ulez legal action about?
The outer London boroughs of Bexley, Bromley, Harrow and Hillingdon along with Surrey County Council launched legal action in February over Sadiq Khan’s proposals to extend Ulez beyond the North and South Circular roads.
At a hearing earlier this month, the local authorities’ lawyers argued the Labour mayor lacked the legal power to order the expansion of the zone by varying existing regulations.
Craig Howell Williams KC, for the councils, said there was an “unfair and unlawful” approach to collecting views on the plans and that “key information… was not disclosed” during previous consultation.
The barrister added that plans for a £110 million scheme to provide grants supporting the scrapping of non-Ulez compliant vehicles were also unlawful because a “buffer zone” for “non-Londoners” affected by the extended charging zone was not considered.
But the mayor’s legal team rejected the bid to quash his November 2022 decision to extend Ulez to all of London’s boroughs, arguing the move was “entirely lawful” and that “ample information” was provided for a “fair consultation”.
Ben Jaffey KC, representing the mayor and Transport for London (TfL) – an interested party in the case – said the “primary objective” of the Ulez expansion was “to improve London’s air quality, in particular reducing nitrogen oxides (NOx) and particulates”.
The barrister said Mr Khan’s decisions “will help to get London’s air quality closer to legal limits, where they are exceeded, and World Health Organisation guideline levels everywhere”.
The extended Ulez will see drivers in outer London paying a £12.50 daily fee from August 29 if their vehicles do not meet the required emissions standards.
Friday's ruling comes in the wake of last week's Uxbridge and South Ruislip parliamentary by-election, where Labour's failure to win ex-prime minister Boris Johnson's seat was blamed on concerns around the expansion of Ulez.
The new borders will reach Buckinghamshire, Essex, Hertfordshire, Kent and Surrey.
Mayor says its a 'landmark ruling'
Sadiq Khan welcomed today's judgment, which allows him to press on with the expansion and will bring approximately five million more Londoners into the zone - on top of the four million Londoners already benefitting from cleaner air who live in the existing zone.
The Mayor has always said that the decision to expand the ULEZ London-wide was difficult and not something he takes lightly - and he continues to do everything possible to address concerns Londoners may have.