ULEZ: Sadiq Khan to face High Court showdown this week over divisive policy

Sadiq Khan faces a High Court showdown this week over his plans to expand the Ultra Low Emission Zone (ULEZ) to most of Greater London by the end of the summer.

A coalition of Conservative-led councils opposed to ULEZ claim that the mayor has acted unlawfully while attempting to expand the controversial scheme.

The court hearing, which will take place on Tuesday and Wednesday, marks a pivotal moment in Khan’s term as he looks to defend the future of one of his most controversial, yet defining policies.

The Tory borough’s – consisting of Bexley, Bromley, Harrow, Hillingdon and Surrey – have all vehemently pushed back against the proposals to widen ULEZ to most of Greater London from 29 August, launching a legal challenge in February.

As of this week, the High Court has allowed for the case to proceed on four separate legal grounds, after two additional grounds to challenge were granted at an appeal hearing in late May.

A key element of the legal challenge surrounds plans for the so-called scrappage scheme, with Khan accused of “irrationality due to uncertainty and inadequate consultation”.

The High Court will also explore a failure to comply with statutory requirements, a failure to carry out cost-benefit analysis and an “unlawful failure to consider expected compliance rates in outer London”.

Khan’s defence of the ULEZ expansion has been as forceful as the criticism from its detractors, with the mayor’s office vowing to continue preparations for 29 August.

His central argument rests on the scheme’s ability to improve London’s air quality, with thousands of premature deaths attributed to poor air quality in the capital each year.

A spokesperson for the mayor of London said today that Khan would “robustly defend” the expansion in court, while “continuing with preparations” for August.

The spokesperson added 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.”

On the opposing side, the five opposition councils have argued that expanding the ULEZ zone would damage local businesses amid an ongoing cost-of-living crisis.

They also say that the scheme is widely unpopular among local residents, giving them a strong mandate to push back against Khan’s plans.

Councillor Baroness O’Neill OBE, leader of Bexley borough, said: “Our residents gave us a clear mandate to oppose mayor Khan’s proposal to expand the ULEZ.”

O’Neill argued that the “lack of transport connectivity” in the outer-London Borough would result in “disastrous consequences for many of our residents and businesses, as well as others who regularly travel into the borough”.

“The shameful message the mayor continues to give is that you can go ahead and pollute if you can afford to pay the £12.50. Meanwhile those that can ill afford to replace their cars or vans because of ULEZ will be affected the most.”

She added: “I’m looking forward to the outcome of the High Court following the two day hearing next week. I hope that sense will prevail and that this ULEZ expansion nightmare will come to an end.”

The councils’ claims follow concerns from some trade groups and business bodies that the proposed expansion could result in outer London areas becoming “no go” zones for businesses.

The Builders Merchants Federation (BMF) has twice written to Khan calling for delays to the expansion.

CEO John Newcomb, said: “The BMF is calling for a targeted commercial vehicle scrappage scheme and is supporting calls for a 12-month delay to the ULEZ expansion, scheduled for August.”

“We firmly believe that a 12-month delay to the start of the ULEZ expansion will allow businesses and individuals to prepare – especially in relation to the availability of compliant vehicles.”

He added: “TfL’s suggested options for ‘last mile’ deliveries – such as e-cargo bikes – may be ideal for some industries, but by the very nature of our trade, we have no choice but to use HGVs, trucks and vans to deliver our products, which is why we have long favoured a targeted scrappage scheme for commercial vehicles.”

Howard Cox, founder of the campaign group FairFuelUK and Reform UK’s 2024 London mayoral candidate, said: “Sadiq Khan continues to ignore majority opinion” and “deceitfully manipulates the public consultation results”.

“This Berlin Wall isolation tax will hurt small businesses, low income families, shift workers hardest and the GDP of London will crash by over £800m every year with its implementation.”