UK High Court finds expansion of London ultra-low emission zone lawful News
Matt Brown, CC BY 2.0, via Wikimedia Commons
UK High Court finds expansion of London ultra-low emission zone lawful

The UK High Court ruled on Friday that expanding the ultra-low emission zone (ULEZ) to London’s outer boroughs is lawful and will begin on August 29. The expansion was first introduced in November 2022 in an effort to improve the city’s air quality and encourage the use of public transportation. As a result of the court’s ruling, drivers of highly polluting vehicles, such as pre-2005 made diesel cars and heavy goods vehicles (HGVs), will now face a £12.50 daily charge.

The expansion will include boroughs such as Hillingdon, Surrey, Romford and Harrow. Many councils from these boroughs challenged the expansion in the High Court claiming that London Mayor Sadiq Khan exceeded his legal powers with such a significant expansion. However, the boroughs’ joint application to the High Court was unsuccessful due to insufficient and irrelevant evidence as well as a lack of “legal error” by the mayor. Furthermore, Justice Jonathan Swift found that Khan’s decision to expand the ULEZ zone is compatible with previous legal decisions on ULEZ and the congestion charge. Therefore, it can be implemented to all roads in the expansion zone.

Khan hailed the court’s decision, stating, “Expanding the ULEZ was not an easy decision, but it will save lives….London deserves better than the dangerous, polluted air we have today.” Khan was joined by clean air charities, such as Clean Air Wins, who supports the mayor’s decision. Clear Air Wins stated that the expansion will drastically improve the health of millions of Londoners, especially those who vulnerable populations such as children and the elderly.

The coalition of boroughs that challenged the expansion voiced their disappointment with the court’s decision on Friday, but stated that they still accepted the court’s decision.

The ULEZ was established in 2015 by former Prime Minister Boris Johnson during his tenure as the mayor of London. The original aim of the program was to improve air quality for London residents by 2020. Controversy surrounding the ULEZ expansion started after the local by-election in Uxbridge and South Ruislip where both Labour and Conservative MPs were divided on the subject. Earlier in July, climate-skeptic members of the Conservative party called for current Prime Minister Rishi Sunak to reconsider the implications of the ULEZ expansion and the transition to net zero. They claimed that these new policies will negatively impact their constituents’ businesses.

Another part of the mayor’s plan to tackle pollution in the city, is the £110m “vehicle scrappage scheme,” which will provide grant payments to individuals who scrap or retrofit their vehicles that do not comply with the ULEZ emissions standards. In Friday’s ruling, Swift found that Khan has no legal obligation to mitigate the impacts of this scheme or to compensate the ULEZ impacts, but his decision to compensate is still “legally acceptable.”