Court allows additional grounds for challenge in ULEZ Judicial Review

1 Jun, 2023

Image shows a ULEZ sign

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

Leader of the London Borough of Bexley, Cllr Baroness O’Neill of Bexley OBE said: 

“This is great news for our residents and businesses. The expansion of the ULEZ will cause hardship and misery to many in our Borough by demanding that they pay thousands of pounds a year to drive their vehicles. I’m delighted that the High Court has allowed our further grounds to be taken into consideration. We grow ever closer to the August implementation date and we know how much anxiety this is causing local people. We have put a solid case together to beat this proposal – made stronger by today’s decision. Our intention is clear, we are asking the Mayor of London to stop this ridiculous expansion plan and reconsider his actions that will have such a detrimental effect on so many people.”