ULEZ: £280k paid to TfL so far by Conservative councils after losing High Court case

The total costs associated with the challenge are estimated to be around £1m, said TfL, with the authority currently seeking the remainder of the money from the councils.
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More than a quarter of a million pounds has been paid to Transport for London (TfL) by five Conservative councils, it can be revealed, after they unsuccessfully challenged the Ultra Low Emission Zone (ULEZ) expansion in court.

The five Tory councils - Hillingdon, Harrow, Surrey, Bexley and Bromley - launched a judicial review into the legality of the decision to expand the clean-air zone to all of greater London, with three of the grounds raised heard in the High Court last month.

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They included concerns around the consultation process involved, and that those living outside of London do not have access to the scrappage scheme.

Mr Justice Swift judged in favour of TfL and the mayor, Sadiq Khan, finding the decision to extend the ULEZ to be legally sound.

Other outer London boroughs opposing the zone’s expansion, such as Havering, had refused to join the legal challenge over concerns taxpayer money would be wasted on what they deemed to be a fruitless case.

As well as their own legal costs, the five Tory councils are having to cover TfL’s court fees due to losing the review. The overall amount is estimated to be roughly £1 million, a TfL spokesperson said.

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While the final figure for each council is currently unknown, a Bromley Council spokesperson said its share is anticipated to be £140,000.

A Freedom of Information (FoI) request submitted to Surrey County Council revealed that, as of August 2, the authority had paid £23,377.60 to Hillingdon Council, which led the legal challenge. It added it had agreed to pay a fifth of the total costs.

Demonstrators protest against the expansion of the Ultra Low Emission Zone (ULEZ), outside the Royal Courts of Justice in July. (Photo by HENRY NICHOLLS/AFP via Getty Images)Demonstrators protest against the expansion of the Ultra Low Emission Zone (ULEZ), outside the Royal Courts of Justice in July. (Photo by HENRY NICHOLLS/AFP via Getty Images)
Demonstrators protest against the expansion of the Ultra Low Emission Zone (ULEZ), outside the Royal Courts of Justice in July. (Photo by HENRY NICHOLLS/AFP via Getty Images)

A spokesperson for the council told LondonWorld TfL had submitted its claim for legal fees, and this is “currently the subject of negotiation between the parties”.

TfL has now revealed that, of the estimated £1m total, £280,000 has already been received from the five councils.

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“We will be seeking the remainder of our costs in accordance with the Order,” a spokesperson added.

Following Mr Swift’s judgement, Mr Khan said: “This landmark decision is good news as it means we can proceed with cleaning up the air in outer London on August 29.

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

“The ULEZ has already reduced toxic nitrogen dioxide air pollution by nearly half in central London and a fifth in inner London. The coming expansion will see five million more Londoners being able to breathe cleaner air.”

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Cllr Ian Edwards, leader of Hillingdon Council, said: “I am hugely disappointed for our residents and businesses and I call on the mayor of London to further reflect on his plans.

“Even the mayor’s own supporters are now saying that it is the wrong time to be expanding this scheme. Many thousands of low-income earners, vulnerable people ordinary workers and small businesses who are the beating heart of our borough will have to shoulder further costs which they cannot afford. It will cause even greater financial hardship and for some it will cause the loss of business or employment.

“We will continue our fight on behalf of our residents and business through Parliament and at next year’s mayoral election. I am proud that we had the courage and conviction to stand up for our residents and businesses and I would like to thank everyone who has been involved in or who has sent messages of support for our fight which, as I have said, will go on.”

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