A legal challenge to the expansion of London’s ultra-low emission zone (ULEZ) will be heard in the UK High Court later this year, after a judgment permitted councils opposed to the move to proceed. Four London borough councils – Hillingdon, Bexley, Bromley, Harrow – and Surrey County Council were granted permission to challenge the policy in court, although only two of the five grounds they presented were deemed “arguable”, and only in part.
The city’s mayor, Sadiq Khan, has said he will press on with plans to extend the zone, which he has argued is needed to tackle the UK capital’s toxic air that is responsible for thousands of premature deaths a year. A spokesperson for Mayor Khan said: “The mayor is pleased to see the court has refused permission for the majority of the grounds. We will continue to robustly defend his life-saving decision to expand the ULEZ and continue with preparations without delay. It is a shame that some local authorities have chosen to attempt this costly and misguided legal challenge instead of focusing on the health of those they represent.”
What’s at stake
Introduced in 2019, the ULEZ was first extended in 2021, followed by another extension in March 2022. The zone operates 24 hours a day, 7 days a week, every day of the year, except Christmas Day. For cars, smaller vans, motorbikes and other lighter vehicles, the charge is £12.50 (US$15.66) while larger non-compliant vehicles such as lorries, buses and coaches face a £100 levy. Most petrol cars registered after 2006 or diesel cars from 2016 are exempt from the charge.
Should it expand to the capital’s borders with Buckinghamshire, Essex, Hertfordshire, Kent and Surrey, drivers in those areas would have to pay the £12.50 fee from 29 August to travel to the capital if their vehicles fail to meet emission standards.
A report from the Mayor’s Office in July 2022 said that roadside pollution levels in central London were 44 percent lower than if the ULEZ had not been introduced, while in inner London – outside the congestion charging zone – they were 20 percent lower.
It is estimated that extending the zone to the whole of Greater London could reduce NOx emissions from cars and vans by between 285 and 330 tonnes, cut carbon dioxide emissions in outer London by between 135,000 and 150,000 tonnes, and reduce the most polluting cars on the roads by as many as 40,000 a day.
Opposition
While welcomed by campaigners, the plans have proved unpopular among some drivers in the suburbs, with residents and businesses concerned about the financial impact. The councils involved in the legal challenge believe “relevant statutory requirements” were not followed, expected compliance rates in outer London were not considered and there was no consultation for the proposed scrappage scheme.
Bexley Council Leader Teresa O’Neill said: “The residents of Bexley gave us a clear mandate to oppose Mayor Khan’s proposal to expand the ULEZ. “It was never about air quality and we believe it would have disastrous consequences for many of our residents and businesses, as well as others who regularly travel into the borough. We hope that [this] decision moves us a step closer to stopping the mayor’s money-making scheme.”
Tim Oliver, Leader of Surrey County Council, said: “The impact on Surrey’s residents and businesses has been ignored by the mayor and it’s frankly disgraceful that it’s taken legal proceedings to have our voices heard.”
The hearing is expected to take place in July.