London Mayor Sadiq Khan will face a High Court showdown today over his contentious plans to expand the capital’s Ultra-Low Emission Zone (Ulez).
Mr Khan wants to expand the Ulez to cover most of Greater London on August 29.
But a coalition of five Conservative-led councils against Ulez claim the mayor has acted unlawfully and their two-day court challenge will begin today.
Illegal levels of toxic air have been recorded in the outer London areas which are being targeted by Ulez expansion, with the findings revealed on the eve of a High Court challenge.
The research, by sustainability consultancy Ricardo for the Clean Cities Campaign, found that annual nitrogen dioxide levels in a third of London boroughs breached the UK Government’s maximum permitted level (of 40μg/m3) last year.
A total of 13 of 76 air-pollution monitors detected illegal NO2 levels. These included Hangar Lane gyratory in Ealing and at Ikea in Brent — both just outside the current Ulez boundary — and Wallington in Sutton and Cromwell Road in Kingston.
This compared with 15 out of 73 monitors in 2021, though direct comparisons are difficult because of the impact of the pandemic on traffic levels, and differences in monitoring sites.
But what does it all mean and what is the High Court row over?
What is the Ultra-Low Emission Zone?
The Ultra-Low Emission Zone (Ulez) is a system aimed at preventing air pollution in the capital. It operates 24 hours a day, seven days a week, every day of the year, except Christmas Day, and sees those travelling in cars, motorbikes, and vans charged a fee if the vehicle does not meet Ulez emission standards.
If the vehicle is not exempt, drivers need to pay a £12.50 daily charge to drive within the zone.
The scheme has been put in to try to deter older and more emission-heavy vehicles from further polluting London’s airspace.
What is the high court case against Ulez?
London Mayor Sadiq Khan is looking to expand the Ulez from Greater London further out to boroughs on the outskirts and five local authorities — which this would affect — are taking legal action in the High Court against the Mayor of London over the proposed extension beyond the North and South Circular roads.
Sadiq Khan wants the scheme expanded by August 29, but the five Conservative-led councils launching action want it delayed and even stopped.
They believe there was not a thorough and proper process in attempting to roll out the scheme.
They also believe “relevant statutory requirements” were not complied with, expected compliance rates in outer London were not considered, and the proposed scrappage scheme was not consulted on.
They also claimed the overall consultation process was not properly conducted and that there was a failure to carry out a cost-benefit analysis of the plan.
Who has brought the case to the High Court?
The outer-London boroughs of Bexley, Bromley, Harrow, and Hillingdon, along with Surrey County Council launched legal action in February over the proposed extension of Ulez.
If the Ulez is granted, the new borders will reach Buckinghamshire, Essex, Hertfordshire, Kent, and Surrey.
Speaking to BBC Radio 4’s Today programme earlier, Paul Osborn, the Conservative leader of Harrow Council, said the authority believed its expansion would have a “devastating impact on the poorest motorists in Harrow”.
“People who do low-paid jobs in antisocial hours, they don’t have public transport alternatives. They’re being asked to pay £12.50 every day to go to work and, if they work over midnight, they’ll be asked to pay £25 because they have to pay it for the next day as well.”
A High Court judge gave the councils the green light to bring the challenge in April, saying parts of it were “arguable”. A two-day hearing began on Tuesday morning before Mr Justice Swift, who will give his ruling at a later date.
What has Sadiq Khan said?
The mayor has been headstrong in his stance, and has vowed that he wants to carry on with his plan of expanding the scheme by the end of summer.
A spokesperson for the mayor said of the legal challenge: “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.
“Around 4,000 Londoners die prematurely every year due to air pollution.
“This is a health emergency and the mayor is not prepared to stand by and do nothing while Londoners are growing up with stunted lungs and are more at risk of heart disease, cancer, and dementia due to our toxic air.”
