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Labour pressures Sadiq Khan to delay Ulez expansion after Tory legal challenge fails

Decision comes a week after Labour’s defeat in Uxbridge by-election

Maryam Zakir-Hussain,Jon Stone
Friday 28 July 2023 12:15 EDT
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Anti-ULEZ protest takes place on London Bridge

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Sadiq Khan is facing more pressure from his own party to delay his Ulez clean air policy – despite the High Court giving it the green light to go ahead.

The Mayor on Friday said expansion of the Ultra low emission zone (Ulez) would go ahead as planned next month after Conservative-led councils on Friday lost their High Court challenge against it.

but shadow health secretary Wes Streeting, one of Keir Starmer’s close lieutenants and an outer-London MP, said the Labour leader had “been very clear that he doesn't want [ULez] to go ahead at this stage”.

At a hearing earlier this month, lawyers from Bexley, Bromley, Harrow and Hillingdon, and Surrey County Council argued Mr Khan lacked the legal power to order the expansion of the zone beyond the North and South Circular roads by varying existing regulations.

The ruling on Friday comes in the wake of last week’s Uxbridge and South Ruislip parliamentary by-election where Labour was expected to win the seat long-held by the Tories and ex-prime minister Boris Johnson.

The current boundary of London’s Ultra-Low Emissions Zone which will be expanded beyond the North and South Circular roads from 29 August
The current boundary of London’s Ultra-Low Emissions Zone which will be expanded beyond the North and South Circular roads from 29 August (Transport for London)

Labour’s failure to win was blamed on concerns around the expansion of Ulez as Sir Keir urged the mayor to “reflect” on the result.

But Mr Khan welcomed the “good news” from the High Court this morning, as he said: “We can proceed with cleaning up the air in outer London on 29 August.”

He added: “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.”

The mayor also said he has been “listening to Londoners throughout the Ulez rollout” and thus will expand the scrappage scheme to “nearly a million families who receive child benefit and all small businesses with up to 50 employees”.

Labour’s London mayor Sadiq Khan has welcomed the decision
Labour’s London mayor Sadiq Khan has welcomed the decision (PA)

Speaking to Times Radio on Friday after the court ruling, Mr Streeting said it was a “hard truth” that the policy had cost Labour the Uxbridge by-election.

"I think Keir has been very clear that he doesn't want it to go ahead at this stage, as has Rachel Reeves. I would agree with them. But Sadiq is the Mayor of London. He doesn't answer to us, he answers to Londoners,” he said.

"If you believe in devolution, you believe in his right to do that. We're going to have to take it on the chin. And he's going to take the criticism on the chin and we'll see what happens."

"I'm afraid that the hard truth is that £12 a day fee cost Labour that by-election. And I think it tells you how up against it people are at the moment in terms of their household finances. And if people can't afford it, they won't vote for it."

Giving a summary of his decision, Mr Justice Swift said: “I am satisfied that the mayor’s decision to expand the Ulez area by amendment of the present road charging scheme, rather than by making an entirely new ... scheme, was within his powers.”

Responding to the ruling, the Conservative’s London mayor candidate Susan Hall said: “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 £50 million pollution hotspots fund to tackle the issue where it is, instead of taxing people where it isn’t.”

Demonstrators protest against the expansion of the Ultra Low Emission Zone
Demonstrators protest against the expansion of the Ultra Low Emission Zone (AFP via Getty Images)

The AA urged Mr Khan to give people “more time to react” to the change or “reduce the impact on them”, while the RAC called on the mayor to give “additional support” to key workers.

Posting on Twitter, energy secretary Grant Shapps said, “hardworking people will lose because Sadiq Khan doesn’t care about hitting drivers with unneeded costs,” as he goaded the Labour leader.

He wrote: “Lets see what kind of leader Keir Starmer is. Time to get off the fence and tell your mayor to do the right thing and stop the Ulez expansion.”

Foreign secretary James Cleverly warned Mr Khan “is not on your side” as he tweeted the scheme “will disproportionately hit the Londoners who have the cleanest air, fewest public transport options, and can’t afford a new vehicle”.

Penny Mordaunt, the Leader of the House of Commons, said Ulez is “clobbering” households, businesses and charities in London.

What is Ulez?

Launched in April 2019, Ulez is a highly targeted scheme aimed at taking the most polluting vehicles off the roads. It runs 24 hours a day, seven days a week, all year except for Christmas Day.

The charge for vehicles that do not comply with minimum emissions standards is £12.50 for cars, smaller vans and motorbikes.

Nine out of ten cars seen driving regularly in outer London on an average day are already ULEZ compliant and will not have to pay when the zone expands.

Lorries, buses, coaches and heavy vans that are non-compliant are charged £100 under the separate low-emission zone scheme, which already covers most of London.

The only way to avoid the charge is by ensuring your vehicle meets the minimum emissions standards.

For petrol cars that means those generally first registered after 2005. Most diesel cars registered after September 2015 are also exempt from the charge.

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