This article is from the source 'bbc' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at https://www.bbc.co.uk/news/uk-england-london-66094244

The article has changed 11 times. There is an RSS feed of changes available.

Version 5 Version 6
ULEZ expansion: Ultra-low emission zone challenge begins at High Court ULEZ: London mayor lacks powers to expand zone, High Court told
(about 4 hours later)
A judicial review into Sadiq Khan's plans to expand London's Ultra-Low Emission Zone (ULEZ) has begun at the High Court. Protesters against the scheme's expansion staged a protest outside the High Court
Five Conservative-led councils - Bexley, Bromley, Harrow, Hillingdon and Surrey - have launched legal action over the scheme, planned to cover the whole of London from the end of August. London's mayor "lacks the legal powers" to extend the Ultra-Low Emission Zone (ULEZ), five Conservative-led councils have argued at the High Court.
They say it would have a big financial impact on motorists. Craig Howell Williams KC, for the councils, also said Sadiq Khan's plan to extend the zone was to create a "master charging scheme" for London.
London's Labour mayor says the scheme is needed to tackle air pollution. The Labour mayor's legal team said the scheme was "entirely lawful" and that it would improve London's air quality.
"The independent assessment confirms that ULEZ works and the expansion will lead to five million more Londoners breathing cleaner air," he told Reuters news agency. Currently ULEZ covers the area between the North and South Circular roads.
"You're not going to please 100% of people all the time," he added. "No politician in history has managed to do so." If the expansion goes ahead on 29 August, it would be three times the size of the current zone with new borders reaching Buckinghamshire, Essex, Hertfordshire, Kent and Surrey.
ULEZ expansion: Contested claims examined Why are councils taking London's mayor to court?
The ULEZ scheme requires people who drive in non-compliant, or more polluting, vehicles to pay a daily charge of £12.50 on days they are driven within inner London. Motorists could face a £160 fine if they do not pay.
A majority of cars driven in London are ULEZ-compliant.
The current zone covers all parts of the city between the North and South circular roads, but London's mayor previously announced it would be expanded to cover the whole of the capital from 29 August.
Lorries, buses, coaches and heavy vans which are non-compliant are charged £100 under a separate low emission zone scheme, which already covers most of London.
Speaking to BBC Radio 4's Today programme earlier, Paul Osborn, the Conservative leader of Harrow Council, said the authority believed its expansion would have a "devastating impact on the poorest motorists in Harrow".
"People who do low paid jobs in antisocial hours, they don't have public transport alternatives. They're being asked to pay £12.50 every day to go to work and if they work over midnight, they'll be asked to pay £25 because they have to pay it for the next day as well," he said.
How ULEZ generated £224m in one yearHow ULEZ generated £224m in one year
He added the money spent on the thousands of cameras that are being set up across London could be better spent on widening the scrappage scheme. The ULEZ scheme currently requires people who drive in non-compliant, or more polluting, vehicles to pay a daily charge of £12.50 on days they are driven within inner London. Motorists face a maximum £160 fine if they do not pay.
Transport for London says all ULEZ revenue is reinvested into running and improving the capital's transport network, such as expanding bus routes in outer London. Lorries, buses, coaches and heavy vans which are non-compliant are charged £100 under a separate low emission zone scheme, which already covers most of London.
What grounds is the judicial review based on? Mr Howell Williams KC, acting on behalf of Bexley, Bromley, Harrow, Hillingdon and Surrey councils, told the judicial review that this expansion was beyond the Labour mayor's powers to vary existing regulations in this way.
Initially, the five outer-London councils argued there were five grounds for a judicial review but in April, the High Court ruled there was sufficient evidence on three of them. In written arguments, he added the mayor and Transport for London's (TfL) approach would "bypass legal safeguards", which were "designed to ensure that any new charging scheme was properly considered before coming into effect".
These are that its expansion is too big and that it should be treated as a new scheme; the consultation was flawed, according to the councils, it did not disclose important information. The mayor plans to extend the scheme from 29 August
The third ground is that it did not consider the potential for inclusion of those who live outside London and bordering the zone in the new £110m scrappage scheme. They are not eligible for money from the fund. The councils' barrister said material provided when gathering views on the plans was "unintelligible" and gave a "confused picture".
Those who are eligible can get up to £2,000 for scrapping a non-compliant car or up to £1,000 for scrapping a motorcycle. For wheelchair-accessible vehicles there is a grant of up to £5,000. As a result, "intelligent responses were prevented", Mr Howell Williams KC said.
Analysis: Why the councils are taking London's mayor to court and what's at stake The barrister also said the mayor's plans for a £110m scrappage scheme, to provide grants to people to support the scrapping of non-ULEZ compliant vehicles, were also unlawful because a "buffer zone" for "non-Londoners" affected by the extended charging zone was not considered.
Hirra Khan Adeogun, head of Car Free Cities at Possible, a charity which works on climate action, told the Today programme the legal challenge was a distraction to the main issues at play, air pollution and climate change. Ben Jaffey KC, representing the mayor and TfL - an interested party in the case - said in written arguments that the "primary objective" was "to improve London's air quality, in particular reducing nitrogen oxides and particulates".
"It's such a shame to see these local authorities wasting time and taxpayers' money trying to prolong the negative impacts of air pollution and climate crisis," she said. The barrister said Mr Khan's decisions would help to get London's air quality closer to legal limits, in the areas where it is exceeded, and for World Health Organisation (WHO) guidelines to be reached everywhere.
"It's absolutely essential that people in outer London get cleaner air and be part of a greener London and that includes poorer Londoners who are most at risk when it comes to toxic air." A majority of cars driven in London are ULEZ-compliant
A majority of cars driven in London are ULEZ compliant He added that over the past 16 years, those who had been London's mayor had used powers to order changes to emissions zones rules in London on many occasions.
The controversial scheme has triggered a fierce debate across the city, pitting the mayor and health campaigners against those who say they cannot take another economic hit during a time where costs are already soaring. "It would be bizarre if orders could not be amended to improve emissions standards as required," the lawyer said, adding that "one might expect it to have come up before now".
Chris Fordham, who drives a non-compliant 2012 diesel van, said the planned expansion meant he was thinking about stopping work, adding: "They're hitting working class people again." Mr Jaffey KC went on: "The consultation materials were clear, detailed and provided more than ample information to enable an intelligent response and satisfy the requirements of fairness for consultations."
But Jemima Hartshorn, founder of campaign group Mums for Lungs and mother to an asthmatic daughter, said it was often the poorest who suffered by living next to busy roads. He said TfL had been clear that camera coverage was "not comprehensive" and that for "full enforcement" it would install 2,750 more cameras.
"It's absolutely critical that even in a cost-of-living crisis we do not kick the can of air pollution down the road and let more children grow up unhealthy and unwell," she said. The lawyer said Mr Khan had "personally considered" the level of funding available for the scrappage scheme and had "rationally" concluded it would mitigate some of the ULEZ expansion impact, the court was told.
The hearing, before Mr Justice Swift, is due to start at 10:00 BST on Tuesday. His ruling is expected at a later date. Mr Jaffey KC said: "Where there are finite public funds, if there are good reasons for giving preference to Londoners, that inevitably means not giving others the same benefit. These are discretionary public spending decisions."
The hearing, before Mr Justice Swift, is due to conclude on Wednesday and the judge is expected to give his ruling at a later date.
Would the plans affect you? You can share your experiences by emailing haveyoursay@bbc.co.uk.Would the plans affect you? You can share your experiences by emailing haveyoursay@bbc.co.uk.
Please include a contact number if you are willing to speak to a BBC journalist. You can also get in touch in the following ways:Please include a contact number if you are willing to speak to a BBC journalist. You can also get in touch in the following ways:
WhatsApp: +44 7756 165803WhatsApp: +44 7756 165803
Tweet: @BBC_HaveYourSayTweet: @BBC_HaveYourSay
Upload pictures or videoUpload pictures or video
Please read our terms & conditions and privacy policyPlease read our terms & conditions and privacy policy
If you are reading this page and can't see the form you will need to visit the mobile version of the BBC website to submit your question or comment or you can email us at HaveYourSay@bbc.co.uk. Please include your name, age and location with any submission.If you are reading this page and can't see the form you will need to visit the mobile version of the BBC website to submit your question or comment or you can email us at HaveYourSay@bbc.co.uk. Please include your name, age and location with any submission.
Follow BBC London on Facebook, Twitter and Instagram. Send your story ideas to hellobbclondon@bbc.co.uk.Follow BBC London on Facebook, Twitter and Instagram. Send your story ideas to hellobbclondon@bbc.co.uk.
Related TopicsRelated Topics
Transport for LondonTransport for London
HarrowHarrow
BromleyBromley
LondonLondon
HillingdonHillingdon
London transportLondon transport
BexleyBexley
London ULEZLondon ULEZ