Court allows additional grounds for challenge in ULEZ Judicial Review

The High Court has today (25 May) announced 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 (ULEZ).

At today’s hearing, the coalition comprising the London boroughs of Bexley, Bromley, Hillingdon and Harrow, along with Surrey County Council was successful in its appeal, getting additional grounds for challenge – out of those previously refused in April – added to the Judicial Review.

Those were:

  • unfair and unlawful consultation in relation to expected compliance rates in outer London
  • scrappage scheme - irrationality due to uncertainty and inadequate consultation.

On 12 April the High Court granted permission for the coalition to challenge the legality of Transport for London (TfL) and the Mayor of London’s plans to expand the ULEZ to outer London from August 2023.  

The permission then was granted on the following grounds:

  • 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.


Cllr Paul Osborn, Leader of Harrow Council said:

“This is another positive step in our legal challenge against the expansion of the unpopular ULEZ scheme which will significantly impact the lives of our residents and businesses.  This is a step in the right direction, so I am pleased to hear that the court has ruled that additional grounds can be considered in our legal challenge against the Mayor’s decision to expand the ULEZ to outer London.

“The Mayor  and his team will have to answer difficult questions about his own scheme.

“We will continue to stand up for our residents and will not back down in our proceedings against ULEZ as we look towards the main court hearing in July."

Published: 26th May 2023