High Court ULEZ challenge fails

The High Court challenge to prevent London Mayor Sadiq Khan’s ULEZ (Ultra Low Emissions Zone) extension has failed.

The legal challenge to the extension, due to be implemented at the end of August, was brought to court by four London borough councils; Bexley, Bromley, Harrow and Hillingdon, along with Surrey County Council in February. 

The collaboration of Tory majority councils challenged the expansion to the M25 ring on three grounds: Failure to follow statutory procedure; unlawful and unfair consultation regarding expected compliance rates in outer London; and unlawfulness regarding scrappage scheme, including failing to consider a buffer zone, irrationality and inadequate consultation.

Mayor Khan said via Twitter: “This landmark decision is good news as it means we can now can proceed with cleaning up the air in outer London on 29 August.

“The decision to extend ULEZ was very difficult and not something I took lightly and I continue to do everything possible to address any concerns Londoners may have.”

He added: “This unambiguous decision today in the High Court allows us to press on with the difficult but vital task of cleaning up London’s air and tackling the climate crisis.”

ULEZ will see non-compliant vehicles, including motorcycles, entering the zone charged £12.50 per day.

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ULEZ in the balance as legal challenge mounted

Published on 11 July, updated on 28 July by Stuart Prestidge

With just over a month before London’s Ultra Low Emissions Zone (ULEZ) is extended to all boroughs, a challenge into its legality has been mounted in the High Court.

The expansion, announced by London Mayor Sadiq Khan last November, is due to be introduced on August 29, and will see anyone entering the zone charged £12.50 per day for non-compliant vehicles, including motorcycles, in an attempt, says the mayor, to improve air quality in the city.

The charge mostly affects older vehicles. With bikes produced after 2007 meeting Euro 3 to Euro 6 being exempt. However, many commuters use older machines to get around the capital.

“The ULEZ so far has been transformational, reducing harmful pollution levels by almost a half in central London,” Khan said at the expansion announcement.

“But there is still far too much toxic air pollution permanently damaging the health of young Londoners and leading to thousands of early deaths.”

Khan’s August 29 deadline, however, is now in doubt following a two-day judicial review on July 4-5, heard at the High Court presided over by judge Mr Justice Swift, who is expected to issue his ruling before the end of the month.

This action was brought to the court by a collaboration of four London borough councils – Bexley, Bromley, Harrow and Hillingdon in addition to Surrey County Council.

Cllr Colin Smith, Leader of Bromley Council, said: “Our opposition remains absolute. It would be inexcusable for us to stand back and do nothing, and allow such a blatant, socially regressive tax grab to proceed unchallenged under the false flag of a health emergency.

“It is obviously a matter of deep regret that this has been necessary to bring this matter to the High Court, but we will always seek to do what is right for our residents.”

Legal challenge explained

The collaboration of Tory majority councils challenged the expansion to the M25 ring on three grounds: Failure to follow statutory procedure; unlawful and unfair consultation regarding expected compliance rates in outer London; and unlawfulness regarding scrappage scheme, including failing to consider a buffer zone, irrationality and inadequate consultation.

Cllr Smith added: “The implications for small businesses, employment patterns, the damage it will cause to priceless social care networks and the impact it will have on mental health are simply horrendous, and it is our duty to fight for those whose voices have hitherto been completely ignored by City Hall.”

Public opposition is also becoming more vocal with some anti-ULEZ protests getting increasing numbers of attendees. One demonstration organised by Khan Stop ULEZ on July 1 attracted 70 vehicles for a protest convoy.

Another public group opposing the extension, Action Against ULEZ Extension, now boasts just over 34,000 members and is administrated by Nick Arlett, 72, who originally joined as a concerned London resident when the group was in its infancy.

He said: “A huge amount of elderly people like me, they’ve just have got nowhere to go. They lose their carers because their carers can’t afford to get to them anymore. They can’t get to their hospital appointments because they can’t do it. Loads of ambulances in with the in the NHS are non-compliant, so they’ve also got problems.” 

They are also preparing to mount a legal challenge to the expansion that will take a different angle than the current challenge by the councils, Specific details of their legal approach is still being finalised. “This is totally different thing, you know, because there’s no point in doing the same thing,” he explained.

“We’ve been campaigning against this for quite some time and all I can say is it’s based on European law. We’re not going away, you know, this is this is too huge.”