Coalition of councils
Following the Mayor of London's announcement in November 2022 that the ULEZ will be expanded London-wide from August 2023, Bexley, Hillingdon, Harrow, and Croydon councils announced that they would work to resist its implementation.
Judicial review
On Thursday 16 February 2023, the coalition of five councils (Bexley, Bromley, Harrow, Hillingdon and Surrey County Council) launched a judicial review to challenge TfL and the Mayor of London's decision to expand ULEZ to outer London boroughs. The coalition challenged the expansion in the High Court on five grounds.
On Tuesday 12 April, the High Court announced that it has granted permission for a judicial review into the proposed expansion on two grounds.
On Thursday 25 May, the High Court announced that it will allow further grounds for challenge as part of a judicial review by a coalition of councils into the proposed expansion of the Ultra Low Emission Zone.
Representatives from the five councils - Bexley, Bromley, Harrow, Hillingdon and Surrey - met on the steps of the High Court in central London on Tuesday 4 July, ahead of the opening day of the judicial review.
On Friday 28 July, the High Court determined that there is no legal impediment to the Mayor's expansion of ULEZ to outer London but accepts its decision. The expansion of ULEZ is now expected to go ahead as planned on Tuesday 29 August.
Bexley's Consultation
The London Borough of Bexley ran its own consultation to understand how local residents and visitors to the borough would be affected by the ULEZ expansion.
An overview of the survey results from 17 May to 30 July 2023 on people's personal position on expanding ULEZ showed that:
The responses could be categorised as follows:*
- strongly oppose - 84.2%
- oppose - 5.2%
- neither support or oppose - 1.2%
- support - 1.7%
- strongly support - 6.9%
- no choice selected - 0.5%
*rounded up/down to one decimal place
Are the Councils involved in the legal challenge going to appeal the ruling?
After taking independent legal advice, the decision of the court will not be appealed.
How much has the judicial review cost?
The London Borough of Bexley’s share of the legal costs is £47,732.60. In addition, Bexley’s share of the Mayor of London/TfL’s legal costs is £100,000.00.
The final costs will be available here once finalised.
Why did the Councils lose the legal challenge?
After listening to all the legal arguments presented the judge concluded that the Mayor was not acting unlawfully.
The judgement can be found on the British and Irish Legal Information Institute website.
Can the Councils find other reasons to legally challenge the Mayor?
The legal challenge presented all arguable grounds as identified by the Council’s legal advisers. There are not considered to be any other viable grounds for challenge.
My car is currently ULEZ compliant – will the rules change?
The Mayor of London has indicated his wish to introduce a road pricing and charging scheme. We do not yet know what this will look like, but when proposals come forward, we will consider them and will continue to fight for the best interests of our Borough.
Will ULEZ make a difference to air quality?
ULEZ will make little difference to air quality in outer London. However, the extension will have a detrimental impact on many of Bexley’s residents and businesses.
We are firm supporters of improving air quality but believe that there are better ways to improve air quality as is the stated aims of ULEZ. One such way would be for Transport for London to improve the borough’s bus network.
Why did you agree for ULEZ signs and cameras to be installed?
The Council originally decided not to enter into a legal agreement giving our permission for Transport for London (TfL) to erect and install ULEZ signs and equipment on our roads. This was because we believed that the expansion of ULEZ was unlawful. Since the court has found that the ULEZ expansion is lawful, we have taken the decision to enter into the legal agreement despite our continued opposition to the ULEZ.
We have taken this decision because the legal agreement will ensure that TfL will bear the whole cost of installing, implementing, repairing, maintaining and modernising the ULEZ signs and equipment. It ensures that TfL is clearly accountable for the signs and equipment and indemnifies the Council against all liabilities and costs in connection with works to install ULEZ signs and equipment. They will also be responsible for removal/reinstatement should the scheme be overturned. All of these reasons are beneficial to Bexley’s residents.
Who do I speak to if I have any questions about ULEZ expansion?
All questions relating to ULEZ expansion should be referred to TfL on 0343 222 2222 (open Monday to Friday 8am to 8pm) or through their enquiry form.