Ulez expansion to go ahead as legal bid to block Sadiq Khan's eco-policy fails in court

Ulez expansion to go ahead as legal bid to block Sadiq Khan's eco-policy fails in court

People demonstrate outside the High Court, central London, where five Conservative-led councils are challenging Mayor of London Sadiq Khan's intention to expand London's ultra low emission zone (Ulez).

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Sam Montgomery

By Sam Montgomery


Published: 28/07/2023

- 10:23

Updated: 28/07/2023

- 15:58

Five Conservative-led councils lose High Court challenge

Mayor of London Sadiq Khan's Ultra Low Emissions Zone (Ulez) expansion has been given the green light after a last ditch High Court challenge by five Conservative-led councils was thrown out today.

The outer London boroughs of Bexley, Bromley, Harrow and Hillingdon, along with Surrey County Council, initiated legal action in February over the Labour mayor’s proposals to extend Ulez beyond the North and South Circular roads.


If it goes ahead, the extended 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.

Khan intends to extend Ulez to all of London's boroughs, enlarging it beyond the North and South Circular roads. Once in place drivers in outer London will pay a 12.50 daily fee from August 29 if their vehicles do not meet the required emissions standards.

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Local authorities argued that the mayor lacked the legal power to order the expansion of the zone by varying existing regulations and claimed that there was an “unfair and unlawful” approach to collecting views on the plans.

Khan rejected the bid to quash his November 2022 decision to extend Ulez to all of London’s boroughs, arguing the move was “entirely lawful” and that “ample information” was provided for a “fair consultation”.

In a ruling on Friday, Justice Swift dismissed the councils’ case.

Khan welcomed the "good news" as a green light to "proceed with cleaning up the air in outer London."

Mayor of London Sadiq Khan with an air quality monitoring station sign during a visit to Mums for Lungs community group in South Woodford, London, to coincide with the final day of the ULEZ expansion consultation and the publishing of new air quality data, taken on Friday July 29, 2022.

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Khan said: "The decision to expand the Ulez was very difficult and not something I took lightly and I continue to do everything possible to address any concerns Londoners may have."

The Mayor of London lauded the reduction of nitrogen dioxide in London's air and reasoned that "nine out of 10 cars seen driving in outer London on an average day are already compliant so won't pay a penny."

Providing a summary of his findings, the judge said: “I am satisfied that the mayor’s decision to expand the Ulez area by amendment of the present road charging scheme, rather than by making an entirely new … scheme, was within his powers.”

The judge added that, having “carefully considered” the consultation process, he was satisfied that enough information was given for people who wished to respond to provide “informed responses.”

Khan added: "I've been listening to Londoners throughout the Ulez rollout, which is why from next week I am expanding the scrappage scheme to nearly a million families who receive child benefit and all small businesses with up to fifty employees.

"I will continue to look at new ideas to support Londoners."

Candidates Leo Phaure (Independent), Kingsley Hamilton (Independent), Steve Gardner (Social Democratic Party), and Piers Corbyn (Let London Live) staged an anti-Ulez protest on stage after Conservative MP Steve Tuckwell won the Uxbridge and South Ruislip by-election on 21 July 2023.

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The five councils had also challenged the plans for a £110 million scrappage scheme, which promises to provide grants to support the scrapping of non Ulez-compliant vehicles.

The councils argued that the scheme was unlawful because a “buffer zone” for “non-Londoners” affected by the extended charging zone was not considered.

Justice Swift said the consultation on the scrappage scheme was “not in depth”, but was “lawful”.

Friday’s ruling comes in the wake of last week’s Uxbridge and South Ruislip parliamentary by-election, where Labour’s failure to win ex-prime minister Boris Johnson’s seat was blamed on concerns around the expansion of Ulez.

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