Chris Ames 31 May 2023

Court widens grounds in ULEZ challenge

Court widens grounds in ULEZ challenge image
Image: Lorna Roberts / Shutterstock.com.

The High Court has allowed further grounds to be added to the Judicial Review into the proposed expansion of the Ultra Low Emission Zone (ULEZ) to outer London.

At a hearing last week, the coalition of councils comprising the London boroughs of Bexley, Bromley, Hillingdon and Harrow, along with Surrey County Council was successful in its appeal, getting two out of three grounds refused in April added to the case.

Those were:

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

The court initially granted permission for the councils to challenge the legality of plans by Transport for London and London mayor Sadiq Khan to expand the ULEZ from August 2023 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.

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