8:55 am, April 13, 2023
The planned expansion of London’s Ultra Low Emissions Zone (Ulez), which is set to have a major impact on the capital’s car dealers, has been challenged by a quintet of Tory councils.
The High Court has ruled that the five Conservative-led authorities can challenge London mayor Sadiq Khan’s controversial eco measures following months of legal wrangling.
It means that the outer-London boroughs of Bexley, Bromley, Harrow and Hillingdon along with Surrey County Council, will be able to proceed with legal action over the proposed extension of Ulez beyond the North and South Circular roads.
High Court Judge Sir Ross Cranston said in a written judgement that the challenge was ‘arguable’ and a judicial review will now be held in early July.
Car Dealer reported earlier this year that Auto Trader was seeing a shortage of affordable, Ulez-compliant used cars ahead of the planned expansion.
Last year, dealers were told to expect ‘swell’ of used car stock as motorists looked to shift non-Ulez compliant vehicles.
If the expansion goes ahead, Ulez will see drivers in outer London pay a £12.50 daily fee from August 29 if their vehicles do not meet the required emissions standards.
The new borders will reach Buckinghamshire, Essex, Hertfordshire, Kent and Surrey.
Councils involved in the legal challenge believe ‘relevant statutory requirements’ were not complied with, expected compliance rates in outer London were not considered and the proposed scrappage scheme was not consulted on.
They also claimed the overall consultation process was not properly conducted and there was a failure to carry out a cost-benefit analysis of the plan.
The High Court has allowed the case to proceed on two grounds – the legal basis for the scheme and scrappage.
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.’
Reacting to the High Court’s findings, 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.’
