Sadiq Khan will learn the fate of his plans to expand London’s hated Ultra Low Emissions Zone to outer London this morning, with a major court ruling coming in the next few hours.
The High Court will pronounce its judgement on a challenge brought against the Mayor by four London borough councils and Surrey County Council, who have tried blocking the expansion on four grounds.
The ruling is expected at around 10am, with Sadiq Khan admitting yesterday that a ruling against him could mean he has to pause the expansion.
Mr Khan told ITV: “There are a number of things the court could say and some of those could lead to a delay – the court could quash the order I made to expand ULEZ.”
“So there are a number of things it could do from quash the decision to expand ULEZ on August 29th to require, hypothetically speaking to reconsult.”
Mr Khan promised: “I am someone who believes in the court of law.”
Bexley, Bromley, Harrow and Hillingdon joined forces with Surrey in February to launch the court battle, arguing the mayor lacked the legal power to order the ULEZ expansion by changing existing regulations.
Craig Howell Williams KC argued the mayor’s approach is “unfair and unlawful”, adding Sadiq Khan had refused to disclose key information during a previous consultation.
The councils’ barrister added that plans for a £110million scrappage scheme for non-compliant vehicles is also unlawful because a “buffer zone” for non-Londoners affected by the expansion was not considered.
The Mayor’s Office rejected the claims in November, saying the move was “entirely lawful” as “ample information” had been provided for a “fair consultation”.
If the expansion goes ahead, anyone wanting to drive older, non-compliant cars within the extended ULEZ boundary will be charged a whopping £12.50 a day.
The ULEZ expansion was thrust into the political limelight following the Tories’ surprise victory in the Uxbridge by-election last week.
The Labour Party appears completely split on the issue, with Keir Starmer urging Sadiq Khan to “reflect” on the scheme, and telling activists something has gone “very wrong” if Labour policies are appearing on Tory leaflets.
Angela Rayner on the other hand admits that ULEZ schemes are “coming to every town and city” in the UK.
Shadow chancellor Rachel Reeves told The Sun: “With the cost of living, it doesn’t feel like the right time to clobber people with extra charges”.
The Tories are hoping to use the policy row as a wedge issue at the next election.
The High Court accepted the challenge on four different grounds presented by the five councils, namely:
- 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.
- Unfair and unlawful consultation in relation to expected compliance rates in outer London
- Scrappage scheme – irrationality due to uncertainty and inadequate consultation.
In May, when the court accepted challenges on points three and four, Tory City Hall spokesman for transport Nick Rogers said it was obvious from the evidence so far that “Sadiq Khan does not have the legal basis to proceed with his ULEZ tax plans”.
“Sadiq Khan should do the right thing, stop work on his ULEZ expansion, and explain his actions to the court.”
Yesterday, Tory London Mayoral candidate Susan Hall told the Spectator she hopes to replicate the Uxbridge by-election win next May, with a campaign around the ULEZ expansion.
She said: “Out on the doorstep, I thought the questions would be all around Boris but I had nothing. It was all around the Ulez expansion.”
