The High Court has granted permission for a judicial review into the proposed expansion of the Ultra Low Emission Zone (ULEZ) to outer London this summer.
The legal challenge was launched in February by the London boroughs of Bexley, Bromley, Hillingdon and Harrow, along with Surrey County Council.
Permission has been granted on two of the five grounds put forward by the councils:
- The alleged failure to comply with relevant statutory requirements
- whether mayor Sadiq Khan properly considered the previous “buffer zone” approach as a material consideration in relation to his scrappage scheme.
The hearing is likely to take place in July.
Bexley council leader Baroness O'Neill of Bexley OBE said: ‘The residents of Bexley gave us a clear mandate to oppose Mayor Khan's proposal to expand the ULEZ.
‘It was never about air quality and we believe it would have disastrous consequences for many of our residents and businesses, as well as others who regularly travel into the borough. We hope that today's decision moves us a step closer to stopping the Mayor's money-making scheme.’
Surrey council leader Tim Oliver said: ‘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.’
?? BREAKING: The High Court has now ruled there is sufficient evidence that Sadiq Khan's ULEZ decision may have been unlawful. The Mayor clearly does not have the legal grounds to proceed with his ULEZ tax plans and must now explain his actions to the court.
— City Hall Conservatives (@CityHallTories) April 12, 2023
A spokesperson for Mr 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.
‘Around 4,000 Londoners die prematurely every year due to 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.’
Vehicles entering the ULEZ area pay a daily charge if they do not meet emissions requirements. It has been estimated that more than 90% of vehicles in London are exempt.
