London Mayor Sadiq Khan‘s proposed expansion of the Ultra Low Emission Zone (Ulez) is under threat after the High Court today ruled a challenge can go to trial.
Five councils who launched the legal battle – Bexley, Bromley, Harrow, Hillingdon and Surrey – have been given permission to proceed with their case for judicial review.
The Ulez zone currently covers the area inside the North and South Circular roads, but the Mayor intends to expand it across all of Greater London on August 29.
However, this could now be under threat – with a trial set to be heard in July. One Conservative MP hailed today’s decision as a ‘significant step forward’ in the protest.
The five councils succeeded in moving the case forwards after the High Court ruled that two of the allegations raised have enough evidence to proceed to trial.
The Ultra Low Emission Zone (Ulez) currently covers the area inside the North and South Circular roads, but the Mayor intends to expand it across all of Greater London on August 29
London Mayor Sadiq Khan, pictured at Piccadilly in London on March 21, has claimed Nazis have infiltrated demonstrations against his expansion of the Ulez to all of Greater London
These are that there was a failure to follow statutory procedures, and a failure to consider the potential for inclusion of non-Londoners in a new scrappage scheme.
Nick Rogers, City Hall Conservatives transport spokesman, told MailOnline: ‘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.’
Under the policy, owners of non-compliant vehicles are charged £12.50 a day to drive inside the zone.
The plan has proven hugely controversial amid claims it does little to improve air quality and will have a dire impact on families and tradespeople who need cars.
Even some London Labour MPs have opposed it, warning it could price key workers and others who rely on their vehicles out of the city.
Gareth Bacon, the Conservative MP for Orpington, said today: ‘While the full legal case is still to be fought, today’s decision is a significant step forward.’
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He added: ‘Sadiq Khan arrogantly dismissed this legal challenge like he ignored outer Londoners’ concerns during the consultation.
Protesters demonstrate against the expansion of Ulez on Whitehall in London on March 18
‘He was wrong to do so, and this should be a wake-up call. He still has time to cancel ULEZ expansion and spare residents his £12.50 daily road tax.’
Louie French, Tory MP for Old Bexley and Sidcup, tweeted that the decision by the High Court was a ‘big first win!’, adding: ‘#Khanmustgo.’
The five boroughs launched the judicial review on February 16, following the announcement by Transport for London last November that Ulez would expand.
The first point of challenge relating to ‘statutory procedures’ has looked at how the Mayor wants to expand Ulez by varying the existing scheme.
This was being done under Schedule 23 to the Greater London Authority Act 1999 which allows the making of ‘charging schemes’.
However, the councils said that this allows such a scheme to be changed, the proposed changes are so big that they amount to an entirely new scheme.
The second point relates to the proposed £110million scrappage scheme.
The councils claimed details of the scheme only become available following his decision to expand Ulez and were not subject to prior consultation.
They add that the decision to only offer the scheme to those living in London was not consulted upon.
Mr Khan has sparked major controversy with his plans for the Ulez expansion, has even claimed Nazis have infiltrated protests against it.
The Mayor said last month that ‘anti-vaxxers, Covid deniers, conspiracy theorists and Nazis’ had joined ‘decent Tories’ in opposing the extension.
Mr Khan also sparked fury after branding some Ulez opponents ‘far-Right’ at a public meeting at Ealing Town Hall last month, during which he was heckled.
Former London Mayor Boris Johnson has also voiced his fears over the plans, saying it will ‘hit hardworking families and businesses in outer London with an unfair tax grab’.
