High Court rules ULEZ expansion to outer London is lawful

London, UK: The High Court has ruled that the plan to extend London’s Ultra Low Emission zone (ULEZ) is lawful and can go ahead. Five Conservative councils (Bexley, Bromley, Harrow and Hillingdon, along with Surrey county council) had argued that London mayor Sadiq Khan acted beyond his powers to extend the scheme, but their application for a judicial review has been dismissed.

Judge Mr Justice Swift said the mayor acted within his powers when he amended the existing ULEZ scheme rather than create a new one. In a summary of his ruling, the judge said he was “satisfied that the mayor’s decision … was within his powers”, and that enough information was given for people who wished to respond to provide “informed responses”. The consultation on the scrappage scheme was “not in depth” but was “lawful”, he said.

The zone currently covers an area between the North and South Circular roads, but will now be extended across all London boroughs from August 29. Khan told the BBC the “landmark decision is good news as it means we can proceed with cleaning up the air in outer London”.

He said that the existing ULEZ has already reduced toxic nitrogen dioxide air pollution by nearly half in central London and a fifth in inner London. Khan also said he would be expanding the scrappage scheme to all small businesses with up to 50 employees.

If vehicles do not meet the ULEZ emissions standard and are not exempt, they need to pay a £12.50 daily charge to drive within the zone. This applies to cars, motorcycles, vans and specialist vehicles (up to and including 3.5 tonnes) and minibuses (up to and including five tonnes).

In November last year Logistics UK warned that operators within the capital would have to take active steps to plan vehicle replacement or upgrades. According to Transport for London, only about 6% of vehicles now entering the zone pay a fee.

Where you can find low emission zones
The implementation of low-emission zones (LEZs) is a growing trend, with an estimated 300 low emission zones introduced in Europe since 2022. The number is expected to double as as new laws come into force in France, Spain and Poland.

In the UK, 37 local authorities were directed to take action in 2018 against poor air quality.
In 2021, Birmingham became the second city after London to launch a clean air zone with a £50 daily fee for for buses, coaches and HGVs.

In May 2022, Greater Manchester postponed introducing a clean air zone that was to begin imposing daily charges on some high-emission vehicles, excluding private cars. The scheme would be one of the biggest in the UK, covering 10 local authority areas. The scheme was delayed and in In February 2022, the city’s mayor, Andy Burnham, requested an extension to give local authorities more time to review the plans, after evidence suggested the city was unlikely to meet legal emissions limits by the original date of 2024. Burnham and 10 other local councils in the Greater Manchester Combined Authority have since re-examined the scheme and are due to present another plan to the government this year.

In February, Sheffield became the latest to implement a clean air zone where non compliant commercial vehicles pay £50 a day to enter. Sheffield was the eighth city in England to introduce a clean air zone, after Newcastle and Gateshead implemented similar schemes in the previous month.