ULEZ expansion: Why is the judicial review into Sadiq Khan’s scheme going to court?

Sadiq Khan’s planned expansion of the Ultra-Low Emission Zone (ULEZ) later this year has come under threat after the High Court ruled a judicial review can proceed to trial.

Due to extend to include the whole of greater London on August 29, once implemented, most of those driving non-compliant vehicles will be liable to pay a daily £12.50 fee.

While concerns about the scheme and its impact on outer London residents have been raised, the planned expansion has also had its advocates backing the mayor’s attempts to clean up London’s air.

The review was launched by four London boroughs, Harrow, Hillingdon, Bromley and Bexley, plus Surrey County Council. Other boroughs opposing the ULEZ extension, such as Havering, decided against joining in the legal challenge.

On the news the review will be going to court, Nick Rogers AM, City Hall Conservatives transport spokesperson, said: "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, which take money from charities, small businesses and low income Londoners who cannot afford a new car.

“Sadiq Khan should do the right thing, immediately stop work on his ULEZ expansion, and explain his actions to the court.”

The City Hall Conservative group said it understands a trial is expected in July.

Why is the ULEZ extension going to trial?

The five councils launched the judicial review based on five grounds on which they believed the mayor could be challenged in court.

They were:

1. Failure to comply with relevant statutory requirements,
2. Unlawful failure to consider expected compliance rates in outer London,
3. The proposed scrappage scheme was not consulted upon,
4. Failure to carry out any cost benefit analysis,
5. And inadequate consultation and/or apparent predetermination arising from the conduct of the consultation.

According to the City Hall Conservatives, the two grounds on which the High Court ruled there was sufficient evidence were numbers one and three.

A spokesperson for the mayor claimed that ground three was “on the cusp” of being arguable.

They added that at this stage the court is only required to make a decision on whether the claim is arguable, and no decision has been made about the scheme’s lawfulness.

Sadiq Khan

A spokesperson for the mayor 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.”