Court allows additional grounds for challenge in ULEZ Judicial Review.

The High Court has today (26 May) announced it will allow further grounds for challenge as part of a Judicial Review by a coalition of councils into the proposed expansion of the Ultra Low Emission Zone (ULEZ).

At today’s hearing, the coalition comprising the London boroughs of Bexley, Bromley, Hillingdon and Harrow, along with Surrey County Council was successful in its appeal, getting two additional grounds for challenge – out of three previously refused in April – added to the Judicial Review.

Those were:

  • unfair and unlawful consultation in relation to expected compliance rates in outer London
  • scrappage scheme - irrationality due to uncertainty and inadequate consultation.

On 12 April the High Court granted permission for the coalition to challenge the legality of Transport for London (TfL) and the Mayor of London’s plans to expand the ULEZ to outer London from August 2023.  

The permission then was granted on the following 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.

Councillor 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. 

"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.

"Whilst the legal questions will be examined in Court, there is still time for the Mayor to draw back from expanding his unwelcome plans to extend his camera network to the outer London border ahead of the Court case on 4th July and I once again call on him to do so for the wider good.

"If not, we travel on to ‘Independence Day’ bolstered by todays decision in even greater hope than previously."


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Published: 26th May 2023