ULEZ: High Court backs London Mayor Sadiq Khan’s controversial emissions charge
Sadiq Khan’s ULEZ plan got a major boost today after a court threw out a judicial review claiming the scheme to charge drivers who fail to meet emissions standards was unlawful.
Plans to widen the ultra low emission zone (ULEZ), already in place across inner London, slated to expand throughout Greater London’s 32 boroughs from August, can now proceed.
Drivers whose vehicles failed to meet pollution standards will now faced a £12.50 daily charge for using them, or risk being fined, in a bid to clean up London’s air quality.
The policy sparked controversy, prompting fierce opposition from Conservative-leaning outer boroughs who said the scheme was inappropriate amid an ongoing cost of living crisis.
And supporters focused on its impact on health outcomes, citing effects on asthma sufferers, children and the elderly, while Milanese mayor Giuseppe Sala branded the idea inspirational.
But now City Hall has been handed a victory in the courts – but may still be subject to an appeal.
Five Tory-led councils – Bexley, Bromley, Harrow, Hillingdon and Surry – joined forces to bring the legal challenge against the mayor’s policy, asking the courts to declare the plan unlawful.
They were granted a judicial review on the grounds of the mayor’s alleged failure to comply with statutory requirements; whether proper consideration was given to the scrappage scheme; whether consultation in outer London was “unfair and unlawful”; and whether there was “inadequate” consultation on the scrappage scheme.
Judge Mr Justice Swift handed down the judgement at 10am this morning, saying that “challenge fails on all three grounds and is dismissed”.
Commenting on the result, Mayor of London, Sadiq Khan, said: “This landmark decision is 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.
“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 fifty employees. I will continue to look at new ideas to support Londoners.
“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.”
Critics hit back
Keith Prince AM, City Hall Conservatives transport spokesperson, 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.”
And Susan Hall, Conservative London mayoral candidate, commented: “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 £50m pollution hotspots fund to tackle the issue where it is, instead of taxing people where it isn’t.”
It’s understood Transport for London (TfL) had a range of contingency plans in place to enable it to move quickly if it was ordered to rerun consultations.
The decision will come as a further boost to the mayor, who faced criticism over the policy in the wake of the recent Uxbridge by-election defeat which Labour lost by just 495 votes.
Richard Burge, Chief Executive of the London Chamber of Commerce and Industry (LCCI) said: “London Chamber respects the High Court’s ruling to allow the ULEZ expansion to outer London. A green and global city like London cannot thrive in poor air quality. We have always supported initiatives that boost trade and tourism in London while recognising the need to remain sustainable.”
“In the light of this latest decision, we will work closely with the Mayor of London to ensure an effective ULEZ expansion whilst ensuring businesses continue to remain efficient and profitable.
It called for a “grace period for all Londoners who have ordered ULEZ compliant vehicles” and people need “a further push to roll out electric vehicle (EV) charging points across outer London for cars and commercial vehicles.”
Meanwhile, Sally Foote, UK of carwow said the decision means “Londoners are in a difficult situation.”
“On one hand, there’s support for improving air quality, but right now, many household budgets are stretched and there is concern about the impact of expanding the zone, which could mean thousands of pounds in annual charges for those who need to travel daily in a non-compliant car.”