• London ULEZ expansion is lawful, rules High Court

Air Monitoring

London ULEZ expansion is lawful, rules High Court

Jul 28 2023

The United Kingdom's High Court has declared the expansion of the Ultra Low Emission Zone (ULEZ) in London to be within the law. This comes after five Conservative-led councils initiated a legal challenge against the proposed expansion, questioning its legality. Following the court's ruling, the extension of the ULEZ is now expected to take effect on August 29, unless Mayor Sadiq Khan decides otherwise. 

Currently, ULEZ regulations are active in inner and central London. These rules stipulate that drivers of older, polluting petrol or diesel vehicles have to pay a daily charge of £12.50 to enter the zone. The rules primarily apply to petrol cars manufactured before 2006 and diesel vehicles produced before 2014 - years when more stringent emission standards were introduced. 

However, the proposed expansion of the ULEZ has not been without its critics. Many argue that the move will disproportionately impact poorer and more vulnerable families, especially in the midst of an economic crisis. In their eyes, it is an unfair burden to impose on those least equipped to shoulder it. 

Nevertheless, Khan has held steadfast in his belief that expanding ULEZ is a necessary step toward improving London’s degraded air quality. He views it as an urgent public health crisis, citing links between air pollution and conditions such as asthma, heart disease, and even cancer. 

The group of councils contesting the expansion, which included Hillingdon, Bexley, Bromley, and Harrow in London, as well as Surrey County Council, alleged that the mayor had overstepped his legal authority with such a significant enlargement of the ULEZ. They also asserted that public consultation was insufficient and that not enough information was shared about the scrappage scheme related to the ULEZ. 

Nevertheless, Justice Swift ruled in favour of the mayor on all points of contention. The judge determined that the ULEZ expansion fell within Khan's legal jurisdiction. He further acknowledged that while the consultation could have been more comprehensive, the information provided was adequate, including details about the scrappage scheme. 

Khan called the court's ruling a "landmark decision", seeing it as a green light to proceed with improving the air quality in London's outer boroughs. He underlined that the ULEZ has already led to a significant reduction in toxic nitrogen oxides - nearly 50% in central London and a fifth in inner London. He predicts that the upcoming expansion will grant five million more London residents access to cleaner air. 

Addressing the concerns over the economic implications of the ULEZ, Khan proposed a broadening of the scrappage scheme. This plan provides financial incentives to vehicle owners who trade in their older, non-compliant cars for newer models that meet ULEZ standards. The scheme will now be extended to nearly five million families receiving child benefits and all small businesses with up to 50 employees. 

In spite of the High Court's ruling, the dispute over the ULEZ expansion is far from settled. Many, including the leader of Bromley Council, Colin Smith, and the London Assembly member Susan Hall, have voiced their disappointment with the decision. They argue that the expansion will have a detrimental impact on both families and businesses, and they question Khan's moral authority to enforce it, especially after Labour's recent by-election loss. 

However, it remains to be seen how many vehicles in outer London will be affected by the new charges. Khan argues that nine out of ten cars seen in outer London on an average day are already ULEZ compliant. Conversely, data obtained by the BBC and the RAC through Freedom of Information requests suggest that the number of non-compliant vehicles could be significantly higher. 

The debate on how to implement the ULEZ expansion continues, with calls for additional support for key workers and a "grace period" for those who have ordered compliant vehicles. Yet, despite these controversies, the High Court's ruling stands: the ULEZ expansion in London is lawful. 

 


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