ULEZ expansion legal, High Court rules
The expansion of ultra-low emission zone (ULEZ) to outer London boroughs has been ruled as lawful by the High Court.
Five Conservative-run councils had launched legal action back in February over the expansion.
The scheme will come into force from 29 August and see the drivers of the most polluting vehicles charged £12.50 a day to use them.
The hope of those behind the plan is it will incentivise people to use cleaner transport alternatives and, as a result, help improve the city’s air quality.
And TfL has claimed only a small number of people will be impacted, with nine out of 10 vehicles compliant with ULEZ requirements.
But the councils challenged the roll-out in the courts, saying the capital’s Labour mayor, Sadiq Khan, had exceeded his legal powers with such a large expansion of the scheme.
The four local authorities – Hillingdon, Bexley, Bromley and Harrow in London, plus Surrey County Council – also claimed the consultation on the plan was flawed, and not enough information had been shared over the scrappage scheme, which provides pay-outs to people prepared to ditch their vehicles.
While other parts of the challenge were dismissed in April, the councils were granted a hearing in the High Court, and the two sides fought it out over two days of evidence.
The ruling comes a week after the debate around ULEZ dominated a local by-election and the fall-out from the results.
The seat of Uxbridge and South Ruislip – left vacant by the departure of Boris Johnson – seemed ripe for the taking for Labour in light of recent polling that gives the party a double digit lead over the Tories.
But the Conservative candidate managed a narrow victory – albeit seeing the majority for the party fall from over 7,000 to less than 500 – having turned its campaign into a referendum on ULEZ.
Since then, Labour have been in turmoil over the policy and whether to support it, with Sir Keir Starmer saying he had asked the mayor to “reflect” on the impact of the scheme.
However, Mr Khan has said he is committed to ULEZ expansion, telling Sky News: “It was a difficult decision to take. But just like nobody will accept drinking dirty water, why accept dirty air?”
Following the ruling, Mr Khan said the “landmark” decision was “good news as it means we can proceed with cleaning up the air in outer London on 29 August”.
“The decision to expand the ULEZ was very difficult and not something I took lightly and I continue to do everything possible to address any concerns Londoners may have,” he said.
“The ULEZ has already reduced toxic nitrogen dioxide air pollution by nearly half in central London and a fifth in inner London. The coming expansion will see five million more Londoners being able to breathe cleaner air.”
Mr Khan said that from next week he would expand the scrappage scheme to “nearly a million families who receive child benefit” and all small businesses with up to 50v employees.
“Nine out of 10 cars seen driving in outer London on an average day are already compliant so won’t pay a penny – yet will still see the benefits of cleaner air.
“Air pollution is an urgent public health crisis – our children are growing up with stunted lungs and it is linked to a host of serious conditions, from heart disease to cancer and dementia.
“This unambiguous decision today in the High Court allows us to press on with the difficult but vital task of cleaning up London’s air and tackling the climate crisis.”