Sadiq Khan lacks legal authority for ULEZ expansion, court told
The mayor of London Sadiq Khan lacks the legal authority to expand the Ultra-Low Emission Zone (ULEZ), five Conservative councils told London’s High Court this morning, marking the beginning of a two-day judicial review hearing.
Represented by Craig Howell Williams KC – Bexley, Bromley, Harrow, Hillingdon and Surrey – are challenging the mayor over the proposals, which could see the zone expanded as far as Buckinghamshire, Kent, Essex and Surrey.
The court heard that some material gathered by City Hall when consulting on the ULEZ proposals was “unintelligible,” and that important information was not disclosed.
On the other side, arguing for Transport for London (TfL) and Sadiq Khan was Ben Jaffey KC – with the mayor himself nowhere to be seen.
The councils claim Khan engaged in “unlawful and unfair consultation regarding expected compliance rates in outer London,” and that he failed to “follow statutory procedure.”
A further argument also concerns “unlawfulness” regarding the scrappage scheme – which gives eligible claimants grants to help their vehicles meet environmental standard – including a failure to “consider a buffer zone, irrationality and inadequate consultation.”
Speaking on their behalf, Howell Williams argued today that some material gathered during the consultation process was “unintelligible.”
Jaffey later countered that “the consultation materials were clear, detailed” and gave “ample information to enable an intelligent response and satisfy the requirements of fairness.”
During the hearing, Howell Williams also raised concerns that heavy vehicle drivers could face an “overlay” of charges when the expansion is introduced, as they already have to pay fees under the LEZ scheme – although this was refuted by the other side.
The court was told that under the new plans, the expanded scheme could raise an extra £200m in revenues.
Today’s case begins two pivotal days for Khan in the ongoing spat with the conservative-led councils, who launched legal challenges against the proposed expansion of ULEZ in February.
It began shortly after 10am, with the court initially hearing from Howell Williams that a “cold towel” would be needed to help understand its detail.
Before the its highly anticipated start, the council’s leaders fighting the case gathered on the steps of Central London’s High Court.
Ian Edwards, leader of Hillingdon Council, said: “The fact the court has granted us permission to challenge on three grounds gives us confidence they also see the flaws in TfL and the mayor’s proposals. Quite simply, with the harm our local economies face from the effects of the proposed expansion, we can’t afford not to fight them.”
“So, we stand shoulder to shoulder with Bexley, Bromley, Harrow and Surrey, whose small businesses, low-income earners, vulnerable people and ordinary workers like ours, all face being financially crippled by this ill-conceived scheme.
Whilst the mayor did not provide a comment on today’s events when contacted by Morning Wire, a spokesperson for the mayor has previously said: “The mayor has been clear that the decision to expand the Ultra Low Emission Zone London-wide was not an easy one.
“However, around 4,000 Londoners a year die prematurely from air pollution and Sadiq is not prepared to stand by and do nothing while Londoners grow up with stunted lungs and develop air-pollution linked health conditions such as cancer and heart disease.
“The Mayor will robustly defend his vital action to expand the ULEZ in court while continuing with preparations for expansion at the end of August.”
Colin Smith, leader of Bromley Council, said that it was a matter of “deep regret” that the disagreement had been taken to the High Court, but said Bromley Council will “always seek to do what is right for our residents, many of whom will be impacted.”
Bexley’s leader Baroness O’Neill OBE, agreed that it was “disappointing that it has had to come to this,” but added that she was “looking forward to the findings of the High Court.”
“We know that extending ULEZ will have a detrimental effect on so many of our residents and businesses while the phenomenal cost of bringing the scheme to outer London boroughs could be put to much better use elsewhere in the capital.”
Speaking on today’s case, Nick Rogers, City Hall Conservatives transport spokesperson, said: “This is an important day for London, as the High Court deliberates on whether Sadiq Khan’s ULEZ decision was unlawful.”
“From the evidence that has been uncovered, it’s obvious that Sadiq Khan does not have the legal basis 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 and stop his ULEZ expansion.”
Outside the Royal Court, anti-ULEZ protestors took to the streets, with one describing the plans as a “farce.”
A decision on the outcome of this week’s review is set to be made at a later date.