A campaign group with more than 17,000 members are “exploring” the option of a judicial review.
Plans to expand the ultra low emission zone (ULEZ) into parts of Essex could be challenged in a court room. It comes after Sadiq Khan decided to plough ahead with stretching ULEZ across Greater London, including the historic Essex areas of Barking and Dagenham.
The new plans mean residents living on the Essex/East London border will have to pay a £12.50 daily charge if their car does not comply with emissions criteria. An estimated 202,000 vehicles are expected to be hit by the charge every day once it comes into force on August 29.
ULEZ could still backfire if some boroughs refuse to install new cameras in order to enforce the rule changes. MyLondon also reports that a campaign group is exploring options on bringing forward a legal challenge to halt the expansion plans.
Action Against ULEZ, founded last year on social media, now has over 17,000 members and continues to grow. Nick Arlett, one of the lead campaigners from the group fighting the expansion, told MyLondon: “Our intention is to initiate a judicial review. We are exploring options on how our case can be moved forward which includes crowdfunding.”
Mr Arlett, from West Wickham, also made clear: “The Mayor is prepared to put the health and livelihoods of people at risk with the expansion. The human implications are an obscenity.” Explaining his circumstances, the 71-year-old said he has a Renault van but it does not meet clean-air standards and he also lives two miles from his nearest railway station. The group is holding a demonstration in Parliament Square on January 28.
However, Mr Khan said he would oppose any legal challenge, and said: “It’s not the first time we’ve been reviewed, an attempt has been made – we tend to be successful. I’m hoping we can defeat any legal challenge.”
Gareth Bacon (Con), the MP for Orpington, branded Mr Khan’s scheme as “appalling” and warned it was a prelude for the Mayor to introduce road pricing in the capital. The Mayor has previously indicated road pricing similar to the scheme in Singapore could be be introduced to replace both the congestion charge and ULEZ.
ULEZ expansion could backfire if some boroughs stop TfL from installing cameras
Mr Bacon coordinated a letter from a group of London Tory MPs opposing the plans which include former prime minister Boris Johnson. Other signatories include former Conservative leader Sir Iain Duncan Smith, former Transport Secretary Chris Grayling and Minister for London Paul Scully.
It comes as the City Hall Conservatives launched an investigation and called for whistle-blowers at TfL to come forward after leaked data was published, which they claim shows that 66 per cent of respondents to their recent consultation were against the expansion.
The Mayor was accused of excluding thousands of opposition submissions from drivers outside London. A City Hall Tory source said the “investigation is ongoing and a progress update is expected soon.” Four Tory councils have also publicly opposed the move.
Roads minister Richard Holden indicated MPs should not support Mr Khan at the ballot box next year if they disagree with the plans. The Durham North West MP also warned that UK Government grant funding given to Transport to London could not be used to cover the estimated £250 million cost of implementation.
Mr Holden said in a Commons question: “There is no legal requirement for the Mayor to consult either central or local Government on the decision to expand the Ultra-Low Emission Zone. However, we have been clear that Government grant funding, via the longer-term funding settlement, cannot be used to cover the estimated £250 million cost of implementation.
“Therefore, the Mayor and TfL must cover this cost through alternative sources available to them. If Members [MPs] are unhappy with the decisions that the Mayor has been making, they should make this known at the next London mayoral election in 2024.”
Mr Khan responded: “What I’d say respectfully to those councils who are opposing the ULEZ is how do you explain to your constituents the fact that you top the league tables of the largest number of premature deaths? These deaths are preventable and when you stand in the way of ULEZ, you’re making them inevitable.”
“One of the joys of living in a democracy is people are allowed to challenge decisions they don’t like. I think it’s important there’s separation of powers and for people to use the courts to challenge a decision that they are not happy with, that they think is particularly unfair or wrong in law […] It’s important for people to realise that the reasons we’re expanding the ULEZ are three big reasons: to tackle the climate emergency, improve air quality and three to reduce congestion.”
A report released by traffic data firm INRIX this week concluded London was the world’s most congested city for the second year in a row.
