ULEZ expansion in London could be “blocked” by Downing Street amid claims Mayor may have exceeded powers: report

London MPs have asked the Secretary of State for Transport to look at whether the Mayor of London’s transport strategy “conflicts with the national strategy”.

As of August 2023, drivers of cars that do not meet the emissions standards will have to pay £12.50 a day to enter the Greater London Authority boundary, following Sadiq Khan’s decision to expand London’s Ultra Low Emissions Zone (ULEZ).

According to the Sunday Telegraph, Whitehall officials are examining whether the Mayor has exceeded his powers under the Greater London Authority (GLA) Act of 1999.

The Act gives the Government the power to veto proposals by the Mayor that are "inconsistent" with national transport policies and "detrimental" to areas outside Greater London.

Paul Scully, Minister for London, said: "There are a series of questions being raised about tackling the unfair, rushed ULEZ extension. London MPs have asked the Secretary of State for Transport to look at whether the Mayor's transport strategy conflicts with the national strategy, especially for those just outside the boundary who have no vote, no eligibility for the scrappage scheme but all of the punishment.

“Lord Moylan, a former Deputy Mayor has tabled an amendment to the Levelling Up Bill which would give councils a far bigger say and five councils are undertaking legal action to address the faulty consultation by the Mayor."

Last week, a coalition of five councils launched a judicial review into the decision to expand London’s ULEZ.

The London boroughs of Bexley, Bromley, Harrow and Hillingdon and Surrey County Council announced on 16 February that they would challenge the expansion in the High Court on five grounds:  

  1. Failure to comply with relevant statutory requirements.
  2. Unlawful failure to consider expected compliance rates in outer London.
  3. The proposed scrappage scheme was not consulted upon.
  4. Failure to carry out any cost benefit analysis.
  5. Inadequate consultation and/or apparent predetermination arising from the conduct of the consultation.

Croydon Council announced that it does not have enough money to join the legal fight, however, along with other councils it has “not signed the Section 8 agreement” to allow TfL to install cameras.

In November, Croydon council declared effective bankruptcy for the third time in two years.

Jason Perry, Executive Mayor of Croydon Council, said: “I have consistently and publicly opposed the ULEZ expansion as an ill-considered plan that would be a hammer blow to businesses and residents in Croydon, particularly affecting those that can afford it least.  

“We have been working really closely with the other boroughs, and I am in regular contact with council leaders as we work together to oppose this expansion. Unfortunately, because of our financial situation we cannot commit to financing a judicial review at this time.

“Along with Bexley, Bromley, Harrow, and Hillingdon borough councils, plus Surrey County Council, Croydon has not signed the Section 8 agreement to allow TfL to use our street furniture and infrastructure and does not intend to whilst we consider our position and the legality of the Mayor of London’s decision-making.”

A spokesperson for the Mayor of London said: “Around 4,000 Londoners die prematurely every year due to air pollution. The Mayor is determined to protect the lives of Londoners who are growing up with stunted lungs and more at risk of heart disease, cancer and dementia due to our toxic air.  

“The Mayor urges the councils involved to abandon this costly and unnecessary legal challenge and instead focus on the health of those they represent.”

Lottie Winson