Ulez: Sadiq Khan wins High Court challenge over London expansion | UK News
Mayor of London Sadiq Khan has vowed to push ahead with his expansion of the capital’s ultra-low emission zone (Ulez) after seeing off a High Court challenge by five Conservative-led councils.
The outer London boroughs of Bexley, Bromley, Harrow and Hillingdon along with Surrey County Council challenged the proposed extension to cover the whole of London from next month.
Mr Khan said the Ulez scheme will be expanded as planned following the ‘landmark’ decision in the High Court.
The local authority’s lawyers argued the Labour mayor lacked the legal power to order the expansion of the zone by varying existing regulations.
Craig Howell Williams KC said there was an ‘unfair and unlawful’ approach to collecting views on the plans and that ‘key information… was not disclosed’ during previous consultation.
The mayor’s legal team rejected the bid to quash his November 2022 decision to extend Ulez to all of London’s boroughs, arguing the move was ‘entirely lawful’ and that ‘ample information’ was provided for a ‘fair consultation’.
In a ruling on Friday, Mr Justice Swift dismissed the councils’ case.
Giving a summary, the judge said: ‘I am satisfied that the mayor’s decision to expand the Ulez area by amendment of the present road charging scheme, rather than by making an entirely new … scheme, was within his powers.’
The judge added that, having ‘carefully considered’ the consultation process, he was satisfied that enough information was given for people who wished to respond to provide ‘informed responses’.
He also said the consultation on the scrappage scheme was ‘not in depth’, but was ‘lawful’.
Mr Khan said: ‘This landmark decision is good news as it means we can proceed with cleaning up the air in outer London on August 29.
‘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.
‘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.
‘I’ve been listening to Londoners throughout the Ulez rollout, which is why from next week I am expanding the scrappage scheme to nearly a million families who receive child benefit and all small businesses with up to 50 employees. I will continue to look at new ideas to support Londoners.’
What is the ultra-low emission zone (ULEZ)?
Mayor of London Sadiq Khan is planning to expand the city’s ultra-low emission zone (ULEZ) to all boroughs.
Here, Metro.co.uk answers 11 key questions about the scheme and how it affects drivers.
– When and why was ULEZ created?
It was launched in April 2019 to help clean up London’s air.
– How bad is air quality in the capital?
An estimated 4,000 Londoners die prematurely each year from conditions related to air pollution, according to Mr Khan.
– How does the ULEZ work?
It disincentivises drivers from using the most polluting vehicles by charging them a daily fee for entering the zone.
– How much is the fee?
The charge for vehicles which do not comply with minimum emissions standards is £12.50 for cars, smaller vans and motorbikes.
Lorries, buses, coaches and heavy vans which are non-compliant are charged £100 under the separate low emission zone scheme, which already covers most of London.
– How do I avoid the fee when driving in the zone?
Ensure your vehicle meets the minimum emissions standards.
For petrol cars that means those generally first registered after 2005.
Most diesel cars registered after September 2015 are also exempt from the charge.
– When does the ULEZ operate?
All day, every day, except Christmas Day.
– How soon after a journey do I need to pay?
You have until midnight at the end of the third day following the journey.
– Where does the money go?
Transport for London says all revenue is reinvested into running and improving the capital’s transport network, such as expanding bus routes in outer London.
– What happens if I do not pay?
You may receive a penalty charge notice of £160, reduced to £80 for early payment.
– What area is currently covered by the ULEZ?
It includes everywhere within the North and South Circular roads.
– How significant is the expansion?
Mr Khan’s plan is to make the zone much larger, covering all London boroughs from August 29.
His Conservative rival in next year’s mayoral election Susan Hall said: ‘While it is a shame the High Court did not find the Ulez expansion to be unlawful, there is no denying that Sadiq Khan’s plans will have a devastating impact on families and businesses across the city.
‘If I am elected Mayor, I will stop the Ulez expansion on day one and set up a £50 million pollution hotspots fund to tackle the issue where it is, instead of taxing people where it isn’t.’
Keith Prince, transport spokesman for the Conservatives in City Hall, pledged to continue opposing Ulez expansion.
He said: ‘While there was insufficient evidence the Ulez expansion is unlawful, the evidence is clear that the policy will hit the poorest hardest, while having only a negligible effect on air quality.
‘Sadiq Khan cannot ignore the overwhelming opposition of both Londoners and his own party forever.
‘We will continue campaigning to get the Ulez expansion scrapped, so we can tackle air pollution where it is instead of taxing where it isn’t.’
If it goes ahead, drivers in outer London will have to pay a £12.50 daily fee from August 29 if their vehicles do not meet the required emissions standards.
The new borders will reach Buckinghamshire, Essex, Hertfordshire, Kent and Surrey.
The ruling comes in the wake of last week’s Uxbridge and South Ruislip parliamentary by-election, where Labour’s failure to win ex-prime minister Boris Johnson’s seat was blamed on concerns around the expansion of Ulez.
Right-wing Tories have since urged Prime Minister Rishi Sunak to review the deadlines around environmental measures after voter concerns helped their party hang on to the seat.
Labour leader Sir Keir Starmer declined to say if London’s charge on polluting vehicles should go ahead, saying it was a decision for Mr Khan, who has been asked to ‘reflect on’ how to reduce the impact of the scheme on people amid a cost-of-living crisis.
RAC head of roads policy Nicholas Lyes called for a ‘unified approach’ to Ulez expansion.
He said: ‘Following today’s ruling, we encourage the Mayor and the Government to get around the table and take a more strategic and unified approach to introducing the new zone.
‘Everybody wants cleaner air, but the scale of the challenge of getting many more people into Ulez-compliant vehicles cannot be underestimated.
‘A Freedom of Information request we made to the DVLA (Driver and Vehicle Licensing Agency) showed there could be up to 700,000 cars in the Greater London area that don’t conform to Ulez standards, and this figure does not include those drivers from outside the capital who use their vehicles to commute into the Greater London area.
‘While the principle of cleaning up London’s air is the right one, it has come at a time where drivers can ill afford to replace their vehicles during a cost-of-living crisis.
‘We’d very much like to see additional support given to certain keyworkers, both inside the capital and in neighbouring counties, who depend on their vehicles to help them switch to cleaner ones as affordably as possible.’
Get in touch with our news team by emailing us at webnews@metro.co.uk.
For more stories like this, check our news page.
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