Labour civil war over ULEZ intensifies as shadow health secretary says Keir Starmer ‘doesn’t want expansion to happen’ but Sadiq Khan vows to extend £12.50 daily charge from 29 August after High Court win
- Ulez extension to encompass all of Greater London is due to begin on August 29
- Judge has now given ruling on legal challenge brought by five Tory-led councils
- ULEZ checker: Every car affected and facing charges – is YOURS compatible?
Senior Labour figures were in open conflict today over the controversial expansion of London’s Ultra Low Emission Zone (Ulez).
Sadiq Khan, the capital’s Labour mayor, vowed to press ahead with his planned extension of the £12.50 daily charge for non-compliant vehicles to all parts of Greater London from next month.
He seized on a High Court ruling this morning, which dismissed a legal challenge from five Tory-led local councils, to insist the Ulez expansion would happen on 29 August.
But this saw Mr Khan act in defiance of Labour leader Sir Keir Starmer, who recently demanded the London mayor ‘reflect’ on the divisive proposals in ‘frank’ talks.
Sir Keir had been stung by his party’s failure at last week’s Uxbridge and South Ruislip by-election, which was turned into an effective referendum on the Ulez expansion.
Labour’s shadow health secretary Wes Streeting tonight admitted that neither he, Sir Keir, or shadow chancellor Rachel Reeves wanted the extension of Ulez to all London boroughs to happen ‘at this stage’.
But Mr Streeting claimed they would have to ‘take it on the chin’ and ‘see what happens’.
Amid the Labour tensions, Cabinet ministers spent today telling Sir Keir to ‘get off the fence’ and direct Mr Khan to abandon his planned Ulez expansion.
Sadiq Khan vowed to push ahead with his controversial expansion of London’s Ultra Low Emission Zone (Ulez) next month after winning a legal battle
The expansion of the Ultra Low Emission Zone (Ulez) is due to come into force on August 29
Protesters against the Ulez expansion gathered outside the High Court in central London this morning
Local councils had argued Mr Khan lacked the legal power to order the Ulez expansion and argued that there was an ‘unfair and unlawful’ approach to collecting views on the plans
Speaking to Times Radio, Mr Streeting – the MP for Ilford North in Greater London – said: ‘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.
‘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.’
Mr Streeting admitted the planned Ulez expansion had ‘cost Labour that by-election’ as he reflected on the Uxbridge and South Ruislip result.
He added: ‘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.’
Earlier, senior Tories lined up to demand Sir Keir push the London mayor to shelve his Ulez plans.
Energy Secretary Grant Shapps posted on Twitter: ‘Labour will take this as a win, but hardworking people will lose because Sadiq Khan doesn’t care about hitting drivers with unneeded costs.
‘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.’
Oliver Dowden, the Hertsmere MP and Deputy Prime Minister, said the High Court ruling was a ‘loss for hardworking people’ in his constituency, which borders Greater London.
‘It’s wrong that people are charged £12.50 every time they drive from Hertsmere to neighbouring London boroughs to visit the hospital, shops or restaurants,’ he said.
‘Keir Starmer should tell his mayor to abandon this unnecessary and unfair expansion.’
Penny Mordaunt, the Leader of the House of Commons, said: ‘This scheme is not only causing problems for households, businesses and charities in London, but elsewhere too.
‘We should be supporting them, not clobbering them. Not shutting down opportunity and economic activty.
‘We will only reach our environmental objectives by innovations that are affordable, possible and desirable.’
Foreign Secretary James Cleverly said Mr Khan now appeared determined to ‘ram through’ his Ulez plans.
The outer London boroughs of Bexley, Bromley, Harrow and Hillingdon, along with Surrey County Council, had launched legal action in February over Mr Khan’s proposals to extend Ulez beyond the North and South Circular roads.
But the High Court’s decision this morning gave the Labour politician the green light to ensure motorists across all of Greater London will be forced to pay the £12.50 daily fee to drive from August 29 if their vehicles do not meet the required emissions standards.
The ruling by Mr Justice Swift follows last week’s Uxbridge and South Ruislip parliamentary by-election, where Labour’s failure to win former prime minister Boris Johnson’s seat was blamed on concerns from voters around the expansion of Ulez.
The vote was seen as an effective referendum on Mr Khan’s Ulez plans, with winning Tory candidate Steve Tuckwell using his acceptance speech to tell the London mayor he had ‘lost Labour this election’.
Speaking to Sky News this afternoon, Mr Tuckwell said the by-election win was ‘very unique’, adding: ‘We won it as a referendum on Ulez.’
Mr Khan confirmed today that he would now ‘proceed’ with the expansion in 32 days’ time as planned – in defiance of senior Labour figures fearful of the political impact.
The court has not yet said whether there will be grounds to appeal for the councils – with Ulez now set to reach Buckinghamshire, Essex, Hertfordshire, Kent and Surrey.
Giving a summary of his ruling, 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.’
Labour’s shadow health secretary Wes Streeting admitted that neither he, Sir Keir Starmer, or shadow chancellor Rachel Reeves wanted the Ulez expansion to happen ‘at this stage’
Councillor Simon Fawthrop speaking to the media outside the Royal Courts of Justice today
Cabinet ministers told Sir Keir Starmer to ‘get off the fence’ and direct Mr Khan to abandon his planned extension of the scheme to all parts of the capital from next month
Senior Tories lined up to demand Sir Keir lean on the London mayor to shelve his Ulez plans
What is Ulez, who does it apply to and why is it being extended?
Mayor Sadiq Khan plans to expand London’s Ultra Low Emission Zone (Ulez) zone from its current borders of the North and South Circular roads to encompass the outer London boroughs on August 29. Here is what it means for motorists in the capital:
– What is Ulez for?
Separate from the congestion charge, which is aimed at reducing traffic, Ulez is designed to cut air pollution in the capital by discouraging the use of high-emission vehicles through imposing a daily fee.
It runs 24 hours a day, seven days a week and aims to improve the health of Londoners by reducing the amount of particulate matter and nitrous oxides they breathe.
– What does it apply to?
All cars, motorcycles, vans, minibuses and other specialist vehicles weighing up to 3.5 tonnes.
Generally, petrol cars registered after 2005 and diesel cars registered after 2015 meet the emissions standards.
Cars older than this are charged £12.50 a day with a penalty for non-payment of up to £180.
– How do I know if my vehicle is Ulez compliant?
Drivers can check whether their vehicle meets the emissions standards on Transport for London’s (TfL) website by entering in their registration number.
Automatic number plate recognition cameras are set up along streets within the zone that check the registration with DVLA records to determine the vehicle’s age and therefore its compliance.
– Whose idea was Ulez?
The scheme was first approved in 2015 when Mr Johnson was London mayor but introduced four years later under Mr Khan’s stewardship.
Mr Khan has since been a strong supporter of Ulez and has been advocating for its expansion towards the outer boroughs.
– Why is it expanding?
At first, Ulez only applied to central London but in 2021 grew to border the North and South Circular roads as part of a pandemic bail-out agreement between TfL and the Government.
Mr Khan said he wants to expand the zone further to encompass the outer London boroughs from August 29 to lower the air pollution in those areas.
Opponents of the expansion believe the Mayor is using it as a way to make money for TfL.
– Why are people opposed?
Critics of the Ulez expansion say the scheme disproportionately affects poorer people who need to drive for work and that it discourages sole traders from outside London taking work in the city.
A scrappage scheme is in placing for people on benefits with older cars to receive up to £2,000 or a mixture of cash and public transport passes, but critics of this say the money is not enough.
– Could Ulez be ditched?
The Conservative-run outer London boroughs of Bexley, Bromley, Harrow and Hillingdon along with Surrey County Council had taken legal action against the Mayor of London in the High Court, saying he lacks the legal power to order the scheme’s extension. The judgment on that case was given today, in favour of Mr Khan.
The High Court has not yet said whether there will be grounds to appeal for the councils. Mr Khan confirmed today that he would now ‘proceed’ with the expansion.
It is likely to be a prominent campaign issue in next year’s mayoral and general elections and Labour may choose to reconsider backing it.
– What was the court case about?
At a hearing earlier this month, the local authorities’ lawyers said the mayor lacked the legal power to order the expansion of the zone by varying existing regulations and argued that there was an ‘unfair and unlawful’ approach to collecting views on the plans.
The mayor’s legal team rejected the bid to quash his November 2022 decision to extend Ulez to all of London’s boroughs, arguing the move was ‘entirely lawful’ and that ‘ample information’ was provided for a ‘fair consultation’.
In a ruling today, Mr Justice Swift dismissed the councils’ case.
– How serious is air pollution?
Government health officials believe particulate matter and nitrous oxides kill between 28,000 and 36,000 people every year and estimate a £1.6 billion cost to the NHS between 2017 and 2025, with vehicle exhausts being the main source of those gases.
In 2020, Ella Kissi-Debrah became the first person in the world to have air pollution cited as a cause of death.
She died in 2013 at nine years old after suffering from an asthma attack brought on by ingesting traffic fumes near her home in south-east London.
The judge added that, having ‘carefully considered’ the consultation process, he was satisfied that enough information was given for people who wished to respond to provide ‘informed responses’. He also said the consultation on the scrappage scheme was ‘not in depth’, but was ‘lawful’.
At a hearing earlier this month, the local authorities’ lawyers argued Mr Khan lacked the legal power to order the expansion of the zone by varying existing regulations.
Craig Howell Williams KC, for the councils, said there was an ‘unfair and unlawful’ approach to collecting views on the plans and that ‘key information… was not disclosed’ during previous consultation.
The barrister added that plans for a £110million scheme to provide grants supporting the scrapping of non-Ulez compliant vehicles were also unlawful because a ‘buffer zone’ for ‘non-Londoners’ affected by the extended charging zone was not considered.
But the Mayor’s legal team rejected the bid to quash his November 2022 decision to extend Ulez to all of London’s boroughs, arguing the move was ‘entirely lawful’ and that ‘ample information’ was provided for a ‘fair consultation’.
Ben Jaffey KC, representing the Mayor and Transport for London (TfL) – an interested party in the case – said the ‘primary objective’ of the Ulez expansion was ‘to improve London’s air quality, in particular reducing nitrogen oxides (NOx) and particulates’.
The barrister said Mr Khan’s decisions ‘will help to get London’s air quality closer to legal limits, where they are exceeded, and World Health Organisation guideline levels everywhere’.
Reacting to his victory, Mr Khan said today: ‘This landmark decision is good news as it means we can proceed with cleaning up the air in outer London on August 29.
‘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.
‘I’ve been listening to Londoners throughout the Ulez rollout, which is why from next week I am expanding the scrappage scheme to nearly a million families who receive child benefit and all small businesses with up to fifty employees. I will continue to look at new ideas to support Londoners.
‘Nine out of ten cars seen driving in outer London on an average day are already compliant so won’t pay a penny – yet will still see the benefits of cleaner air. Air pollution is an urgent public health crisis – our children are growing up with stunted lungs and it is linked to a host of serious conditions, from heart disease to cancer and dementia.
‘This unambiguous decision today in the High Court allows us to press on with the difficult but vital task of cleaning up London’s air and tackling the climate crisis.’
From Monday, access to the mayor’s £110million scrappage scheme will be extended to include all families in receipt of child benefit in London and every small business in the capital if they have a non-compliant vehicle.
At the end of last month some £68million remained available through the programme.
But the five councils who brought the legal challenge said they were ‘hugely disappointed’ with the ruling, adding that the mayor and Transport for London (TfL) ‘do not realise the damage’ the extension of the zone will have.
In a joint press release, the boroughs of Bexley, Bromley, Harrow and Hillingdon and Surrey County Council said: ‘Although the Mayor of London and TfL may have the legal right to implement the scheme, the question remains whether the public would agree he has the moral right to do so, given it was only last week that the court of public opinion delivered a different verdict with the surprise by-election win in Uxbridge, an election that was seen as a referendum on the expansion of Ulez.
‘It is evident that the Mayor of London and TfL do not realise the damage the extension will have to the lives of residents and businesses in outer London as well as those outside of its borders.’
And Councillor Ian Edwards, leader of Hillingdon Council, claimed the Ulez expansion would cause ‘even greater financial hardship’ to some people.
He said after the High Court ruling: ‘I am hugely disappointed for our residents and businesses and I call on the Mayor of London to further reflect on his plans.
‘Even the Mayor’s own supporters are now saying that it is the wrong time to be expanding this scheme. Many thousands of low-income earners, vulnerable people ordinary workers and small businesses who are the beating heart of our borough will have to shoulder further costs which they cannot afford. It will cause even greater financial hardship and for some it will cause the loss of business or employment.
‘We will continue our fight on behalf of our residents and business through Parliament and at next year’s Mayoral election.
‘I am proud that we had the courage and conviction to stand up for our residents and businesses and I would like to thank everyone who has been involved in or who has sent messages of support for our fight which, as I have said, will go on.’
Anti-Ulez protestors demonstrate outside The Royal Courts of Justice in London this morning
The Conservative Party’s London mayor candidate Susan Hall spoke outside the High Court today and said the Ulez expansion would have ‘a devastating impact on families’
Simon Fawthrop, a Conservative Councillor from Bromley, reacts outside the High Court today
A man carries a coffin with the words ‘democracy’ outside the High Court this morning
‘I am truly gutted’: Reaction to Sadiq Khan’s Ulez victory
Sadiq Khan, Mayor of London: ‘This landmark decision is good news as it means we can proceed with cleaning up the air in outer London on 29 August. 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. I’ve been listening to Londoners throughout the Ulez rollout, which is why from next week I am expanding the scrappage scheme to nearly a million families who receive child benefit and all small businesses with up to 50 employees. I will continue to look at new ideas to support Londoners.’
Boroughs of Bexley, Bromley, Harrow and Hillingdon and Surrey County Council in joint statement: ‘Although the Mayor of London and TfL may have the legal right to implement the scheme, the question remains whether the public would agree he has the moral right to do so, given it was only last week that the court of public opinion delivered a different verdict with the surprise by-election win in Uxbridge, an election that was seen as a referendum on the expansion of Ulez. It is evident that the Mayor of London and TfL do not realise the damage the extension will have to the lives of residents and businesses in outer London as well as those outside of its borders.’
Ian Edwards, leader of Hillingdon Council: ‘I am hugely disappointed for our residents and businesses and I call on the Mayor of London to further reflect on his plans. Even the Mayor’s own supporters are now saying that it is the wrong time to be expanding this scheme. Many thousands of low-income earners, vulnerable people ordinary workers and small businesses who are the beating heart of our borough will have to shoulder further costs which they cannot afford. It will cause even greater financial hardship and for some it will cause the loss of business or employment. We will continue our fight on behalf of our residents and business through Parliament and at next year’s Mayoral election. I am proud that we had the courage and conviction to stand up for our residents and businesses and I would like to thank everyone who has been involved in or who has sent messages of support for our fight which, as I have said, will go on.’
Baroness O’Neill of Bexley, leader of Bexley Council: ‘I’m extremely disappointed at the outcome of the judicial review and the impact it will have on our residents and businesses. They have told us time and time again how worried they were about Ulez which was why we took this action on their behalf. The judge may have said that the Mayor has the legal right to implement the scheme but, as we saw last week, there is also a moral judgment to consider. Even senior supporters of the Mayor have voiced their concerns around the expansion of this scheme. The fact that the Mayor of London has got his way and that his Ulez expansion plan is to go ahead is devasting for the whole of outer London. This is especially true for Bexley because of our lack of transport links. I’m sure that jobs and businesses will also feel the effect as less out of borough residents will want to come to work or shop in Bexley because of this new charge. I know from speaking to carers who have to travel in and out of the borough to visit family members on a regular basis that they will be one of the groups who will suffer most. I’d like to thank the coalition members for all the hard work they have put into this battle – I know they are as saddened today as I am. I now call on the Mayor to do the right thing by outer London and delay the implementation.’
Councillor Colin Smith, leader of Bromley Council: ‘Today’s decision cannot be disguised as anything other than bitter disappointment for motorists in general, traders who will now have to consider ceasing business and laying off staff, those who will now have to change jobs and, most desperately of all, people who will no longer be able to support vital care networks for vulnerable people across the whole of outer London in particular. To all of them as well as the legion of families who will now have to trade in perfectly good cars at significant cost they can’t really afford, for a newer vehicle they don’t want or need, I can only say sorry. We’ve tried our very hardest to protect you but ultimately, today’s judgment does mean that the Mayor has taken another step closer to getting his way. However, do please be assured that this is not the end of the matter and this battle will continue. To draw a positive from this setback, we have been extremely successful in bringing the Mayor’s intentions both around Ulez, as well as Road Price Charging which is set to follow, to every front page and living room across the country in recent weeks, and what has become increasingly clear, is that the more that people see and learn of it, the less they like it. We will take that energy and build on it over coming weeks and it may well be that we will now need to turn to Parliament for a solution immediately upon their return from their Summer Recess at the beginning of September.’
Councillor Paul Osborn, leader of Harrow Council: ‘This is not the outcome we were hoping for and is hugely disappointing. It is a sad day for our residents and businesses who are worried about the impact the expansion will have on them when it comes into force in August. I firmly believe that Ulez expansion is the wrong scheme for outer London. We had an arguable case, and the fact that we got this far in our challenge against this unpopular scheme shows that we were right to proceed. I am proud to have stood up for our residents and businesses. So many have spoken to me about how this scheme will impact them. I’d like to thank the thousands of people who have supported us. Unfortunately, the Mayor will push ahead with his plans. I will continue to speak up for our residents on the expansion of the Ulez and will press the government to give us the power to stop this expansion to our borough. I will also be lobbying for better schemes to further help improve air quality and public transport links in Harrow. I am already taking positive steps to improve air quality in our borough – this includes ensuring our fleet is as green as possible, and as of last night I approved plans to install 225 additional electric charging points to help our residents who want to switch to electric vehicles. I will always put our residents first on the issues that matter to them.’
Councillor Tim Oliver, leader of Surrey County Council: ‘Whilst we respect today’s court decision, it is incredibly disappointing. This has always been about protecting Surrey residents, many of whom will now be significantly socially and financially impacted by the Mayor’s decision as they go about essential, everyday journeys, without any mitigation in place to minimise this. Our concerns, which have never been addressed by the Mayor despite our continued efforts, forced these legal proceedings to ensure we did all we possibly could to have the voice of our residents heard.’
Susan Hall, Conservative Party’s London mayor candidate: ‘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.’
Keith Prince, transport spokesman for the Conservatives in City Hall: ‘While there was insufficient evidence the Ulez expansion is unlawful, the evidence is clear that the policy will hit the poorest hardest, while having only a negligible effect on air quality. Sadiq Khan cannot ignore the overwhelming opposition of both Londoners and his own party forever. We will continue campaigning to get the Ulez expansion scrapped, so we can tackle air pollution where it is instead of taxing where it isn’t.’
Nicholas Lyes, RAC head of roads policy: ‘Following today’s ruling, we encourage the Mayor and the Government to get around the table and take a more strategic and unified approach to introducing the new zone. Everybody wants cleaner air, but the scale of the challenge of getting many more people into Ulez-compliant vehicles cannot be underestimated. A Freedom of Information request we made to the DVLA (Driver and Vehicle Licensing Agency) showed there could be up to 700,000 cars in the Greater London area that don’t conform to Ulez standards, and this figure does not include those drivers from outside the capital who use their vehicles to commute into the Greater London area. While the principle of cleaning up London’s air is the right one, it has come at a time where drivers can ill afford to replace their vehicles during a cost-of-living crisis. We’d very much like to see additional support given to certain keyworkers, both inside the capital and in neighbouring counties, who depend on their vehicles to help them switch to cleaner ones as affordably as possible.’
Erin Baker, editorial director at online vehicle marketplace Auto Trader: ‘The Ulez extension has caused distortions in the London car market. Our recent research shows price premiums of more than £3,000 in some cases to buy a 2016 model of a car which follows the rules compared to a 2015 model which doesn’t. We expect this ruling to spur more activity on the Auto Trader marketplace ahead of the August deadline. This doesn’t need to be a case of planet over pocket though as there are still plenty of affordable cars for sale which follow the new rules, the cheapest of which come in at around £2,200.’
Luke Bosdet, AA spokesman: ‘A restriction on car use that prices hundreds of thousands of low-income workers, families and elderly drivers off the road was inevitably going to cause a backlash. Today’s ruling is hugely disappointing but the AA hopes that the London mayor will now adopt some of the measures other cities with restrictions have used to reduce the impact on drivers who can least cope with them. The London Ulez suffers from three huge flaws: lack of public transport alternatives in many parts of outer London, the minimal time between the decision to go ahead and its implementation, and its massively disproportionate impact on those drivers least able to afford to update their vehicles. Most of these were identified in the impact assessment carried out for the Mayor but were ignored. Other cities, such as Birmingham and Oxford, that are setting up city restrictions to lower emissions and reduce congestion have recognised the potentially devastating impact to workers, families and the elderly from losing use of their cars. The local authorities there adopted measures to either give those vulnerable groups more time to react or to reduce the impact on them. These have once again been ignored by the London mayor.’
Bob Blackman, Tory MP for Harrow East: ‘I am truly gutted to learn of the outcome from the judicial review on Sadiq Khan’s preposterous attack on drivers through expanding the Ulez area. This outcome is not the end of our fight and is merely a road block. It is critical that we continue to work hard and find other ways to prevent this attack on drivers.’
Rupa Huq, Labour MP for Ealing Central and Acton: ‘Expanding Ulez will bring cleaner air to five million more Londoners. Court decisively ruled for Mayor on all three legal grounds of the case. Case cost £1million public money, same as 350,000 free school meals for kids. The five Tory councils must now foot the bill, not ordinary Londoners.’
Chris Clarkson, Tory MP for Heywood and Middleton in Greater Manchester: ‘Just because Sadiq Khan can impose his Ulez tax on more of London doesn’t mean he should. Sir Keir needs to do the right thing now. Heed the message of the recent by-election and get on the side of hard-working people by telling his London Mayor to stop this tax on motorists. This ruling has serious implications for motorists across England, especially in Greater Manchester where Sir Keir’s Mayor, Andy Burnham was trying to implement the world’s largest charging zone with his 493 square mile ‘Clean Air Zone’ tax.’
Sarah Woolnough, chief executive at Asthma + Lung UK: ‘We’re pleased that the Ulez expansion will go ahead as planned. The Ulez scheme has successfully lowered levels of nitrogen dioxide in the air and expanding it to greater London will mean more Londoners will experience the health benefits of reduced pollution. Road transport is the leading cause of air pollution in our towns and cities. For people living with lung conditions, such as COPD and asthma harmful pollutants trigger symptoms including breathlessness, coughing and wheezing, and in more severe cases these flare-ups can result in hospitalisation. The Ulez expansion is a positive step towards cleaner air across the city, allowing Londoners to breathe more easily.’
Doug Parr, Greenpeace UK’s policy director: ‘As we enter an era of global boiling, now is not the time for political point scoring over measures to tackle climate change and protect the health of our children. Clean air is a basic human right and no one wants more traffic, toxic air pollution and the serious health problems that come with it. The Ulez has been a huge success since its introduction, almost halving harmful air pollution in central London, and its expansion is supported by a majority of Londoners. And as battery factories look to start up in the UK, the benefits of action like this for our future are clear. Those who feel that the Ulez expansion is unfair should point the finger squarely at the Government. A Government committed to solving the problems of air pollution in the capital should work with the Mayor to provide proper financial support for working people wanting to get rid of older, more polluting vehicles.’
Hirra Khan Adeogun, co-director of climate charity Possible: ‘It’s fantastic that we can get on with the expansion of the Ulez, which is sorely needed to tackle our overreliance on cars and improve air quality in the capital. More Londoners support the Ulez expansion than oppose it, and it’s easy to see why. It will bring down toxic air pollution, and it will protect everyone – especially vulnerable children – from the negative effects of car emissions. Politicians of all parties should show the same political courage and start taking their role as climate leaders seriously by taking action to clean the air across the country.’
Baroness O’Neill of Bexley, leader of Bexley Council, called on Mr Khan to delay the implementation of the expansion.
She said after the High Court ruling: ‘I’m extremely disappointed at the outcome of the judicial review and the impact it will have on our residents and businesses. They have told us time and time again how worried they were about Ulez which was why we took this action on their behalf.
‘The judge may have said that the Mayor has the legal right to implement the scheme but, as we saw last week, there is also a moral judgment to consider. Even senior supporters of the Mayor have voiced their concerns around the expansion of this scheme.
‘The fact that the Mayor of London has got his way and that his Ulez expansion plan is to go ahead is devasting for the whole of outer London. This is especially true for Bexley because of our lack of transport links.
‘I’m sure that jobs and businesses will also feel the effect as less out of borough residents will want to come to work or shop in Bexley because of this new charge. I know from speaking to carers who have to travel in and out of the borough to visit family members on a regular basis that they will be one of the groups who will suffer most.
‘I’d like to thank the coalition members for all the hard work they have put into this battle – I know they are as saddened today as I am. I now call on the Mayor to do the right thing by outer London and delay the implementation.’
Councillor Colin Smith, leader of Bromley Council, said the ruling was a ‘bitter disappointment’ for motorists, traders who would have to ‘consider ceasing business and laying off staff’ and people who would not be able ‘to support vital care networks’ in outer London.
He said: ‘Today’s decision cannot be disguised as anything other than bitter disappointment for motorists in general, traders who will now have to consider ceasing business and laying off staff, those who will now have to change jobs and, most desperately of all, people who will no longer be able to support vital care networks for vulnerable people across the whole of outer London in particular.
‘To all of them as well as the legion of families who will now have to trade in perfectly good cars at significant cost they can’t really afford, for a newer vehicle they don’t want or need, I can only say sorry. We’ve tried our very hardest to protect you but ultimately, today’s judgment does mean that the Mayor has taken another step closer to getting his way.
‘However, do please be assured that this is not the end of the matter and this battle will continue. To draw a positive from this setback, we have been extremely successful in bringing the Mayor’s intentions both around Ulez, as well as Road Price Charging which is set to follow, to every front page and living room across the country in recent weeks, and what has become increasingly clear, is that the more that people see and learn of it, the less they like it.
‘We will take that energy and build on it over coming weeks and it may well be that we will now need to turn to Parliament for a solution immediately upon their return from their Summer Recess at the beginning of September.’
Councillor Paul Osborn, leader of Harrow Council, said he would ‘press’ the Government for power to stop the Ulez expansion locally.
He said: ‘This is not the outcome we were hoping for and is hugely disappointing. It is a sad day for our residents and businesses who are worried about the impact the expansion will have on them when it comes into force in August.
‘I firmly believe that Ulez expansion is the wrong scheme for outer London. We had an arguable case, and the fact that we got this far in our challenge against this unpopular scheme shows that we were right to proceed. I am proud to have stood up for our residents and businesses. So many have spoken to me about how this scheme will impact them. I’d like to thank the thousands of people who have supported us.
‘Unfortunately, the Mayor will push ahead with his plans. I will continue to speak up for our residents on the expansion of the Ulez and will press the government to give us the power to stop this expansion to our borough.
‘I will also be lobbying for better schemes to further help improve air quality and public transport links in Harrow. I am already taking positive steps to improve air quality in our borough – this includes ensuring our fleet is as green as possible, and as of last night I approved plans to install 225 additional electric charging points to help our residents who want to switch to electric vehicles.
‘I will always put our residents first on the issues that matter to them.’
And Councillor Tim Oliver, leader of Surrey County Council, said after the ruling: ‘Whilst we respect today’s court decision, it is incredibly disappointing.
‘This has always been about protecting Surrey residents, many of whom will now be significantly socially and financially impacted by the Mayor’s decision as they go about essential, everyday journeys, without any mitigation in place to minimise this.
‘Our concerns, which have never been addressed by the Mayor despite our continued efforts, forced these legal proceedings to ensure we did all we possibly could to have the voice of our residents heard.’
Also reacting to the verdict was Susan Hall, the Tory hopeful taking on Mr Khan to be Mayor, who told MailOnline today: ‘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 £50million pollution hotspots fund to tackle the issue where it is, instead of taxing people where it isn’t.’
Outside court, Ms Hall also told MailOnline: ‘I’m so disappointed, because this will damage hard-working families it will damage charities and it will certainly damage businesses. So we will all suffer because of this, every single one of us will be affected by this.’
And when asked what other ‘options’ councils had at their disposal, Ms Hall suggested local authorities could remove cameras enforcing the scheme themselves.
She added: ‘Some councils can stop the cameras going up…but it is going to be very difficult, he’s [Mr Khan] hellbent on bringing it in at the end of August.
Hertfordshire County Council has already said it will not permit Ulez signs or cameras within the county’s borders.
And when asked whether she would encourage other councils to follow suit, Ms Hall said: ‘I’d encourage anybody that can do anything to stop this wretched scheme going ahead I would, but it looks like the only way of ever stopping it is voting me in on May 2 because I will stop the Ulez expansion on day one.’
Ms Hall said she would ‘turn the cameras off’ in the expansion zone on ‘day one’ if she was elected Mayor.
She added: ‘Yes there will be a £200million hole in the budget because that’s what he’s expecting to make off the back of hardworking families – so yes, that will be found – but you know what, no politician should ever put a scheme in that they know will affect charities, will affect business and will affect the poorest in our society – it’s an utter disgrace.’
When asked what she would do to address pollution in London, Ms Hall said: ‘I’ve got a solution, I’ve found £50million within the budget that I would let councils bid for so that if there is a hotspot in their borough then they can apply to that and look to see how we can deal with it.’
Keith Prince AM, the City Hall Conservatives transport spokesman, told MailOnline today: ‘While there was insufficient evidence the Ulez expansion is unlawful, the evidence is clear that the policy will hit the poorest hardest, while having only a negligible effect on air quality.
‘Sadiq Khan cannot ignore the overwhelming opposition of both Londoners and his own party forever. We will continue campaigning to get the Ulez expansion scrapped, so we can tackle air pollution where it is instead of taxing where it isn’t.’
London MPs have also been giving their reaction to the decision today.
Bob Blackman, Tory MP for Harrow East, said: ‘I am truly gutted to learn of the outcome from the judicial review on Sadiq Khan’s preposterous attack on drivers through expanding the ULEZ area.
‘This outcome is not the end of our fight and is merely a road block. It is critical that we continue to work hard and find other ways to prevent this attack on drivers.’
Rupa Huq, Labour MP for Ealing Central and Acton, tweeted: ‘Expanding Ulez will bring cleaner air to five million more Londoners. Court decisively ruled for Mayor on all three legal grounds of the case. Case cost £1million public money, same as 350,000 free school meals for kids. The five Tory councils must now foot the bill, not ordinary Londoners.’
And Chris Clarkson, Tory MP for Heywood and Middleton in Greater Manchester, warned about ‘serious implications for motorists across England’.
‘Just because Sadiq Khan can impose his Ulez tax on more of London doesn’t mean he should,’ he posted on Twitter. ‘Sir Keir needs to do the right thing now. Heed the message of the recent by-election and get on the side of hard-working people by telling his London Mayor to stop this tax on motorists.
‘This ruling has serious implications for motorists across England, especially in Greater Manchester where Sir Keir’s Mayor, Andy Burnham was trying to implement the world’s largest charging zone with his 493 square mile ‘Clean Air Zone’ tax.’
RAC head of roads policy Nicholas Lyes called for a ‘unified approach’ to Ulez expansion. He said: ‘Following today’s ruling, we encourage the Mayor and the Government to get around the table and take a more strategic and unified approach to introducing the new zone.
‘Everybody wants cleaner air, but the scale of the challenge of getting many more people into Ulez-compliant vehicles cannot be underestimated.
‘A Freedom of Information request we made to the DVLA (Driver and Vehicle Licensing Agency) showed there could be up to 700,000 cars in the Greater London area that don’t conform to Ulez standards, and this figure does not include those drivers from outside the capital who use their vehicles to commute into the Greater London area.
‘While the principle of cleaning up London’s air is the right one, it has come at a time where drivers can ill afford to replace their vehicles during a cost-of-living crisis.
‘We’d very much like to see additional support given to certain keyworkers, both inside the capital and in neighbouring counties, who depend on their vehicles to help them switch to cleaner ones as affordably as possible.’
Erin Baker, editorial director at online vehicle marketplace Auto Trader, expected the ruling to lead to more drivers buying compliant vehicles.
She said: ‘The Ulez extension has caused distortions in the London car market.
‘Our recent research shows price premiums of more than £3,000 in some cases to buy a 2016 model of a car which follows the rules compared to a 2015 model which doesn’t.
‘We expect this ruling to spur more activity on the Auto Trader marketplace ahead of the August deadline.
‘This doesn’t need to be a case of planet over pocket though as there are still plenty of affordable cars for sale which follow the new rules, the cheapest of which come in at around £2,200.’
Also responding to the judgment, AA spokesman Luke Bosdet said: ‘A restriction on car use that prices hundreds of thousands of low-income workers, families and elderly drivers off the road was inevitably going to cause a backlash.
‘Today’s ruling is hugely disappointing but the AA hopes that the London mayor will now adopt some of the measures other cities with restrictions have used to reduce the impact on drivers who can least cope with them.
‘The London Ulez suffers from three huge flaws: lack of public transport alternatives in many parts of outer London, the minimal time between the decision to go ahead and its implementation, and its massively disproportionate impact on those drivers least able to afford to update their vehicles.
‘Most of these were identified in the impact assessment carried out for the Mayor but were ignored.
‘Other cities, such as Birmingham and Oxford, that are setting up city restrictions to lower emissions and reduce congestion have recognised the potentially devastating impact to workers, families and the elderly from losing use of their cars.
‘The local authorities there adopted measures to either give those vulnerable groups more time to react or to reduce the impact on them. These have once again been ignored by the London mayor.’
But Sarah Woolnough , chief executive at the charity Asthma + Lung UK, welcomed the news.
She told MailOnline: ‘We’re pleased that the Ulez expansion will go ahead as planned.
‘The Ulez scheme has successfully lowered levels of nitrogen dioxide in the air and expanding it to greater London will mean more Londoners will experience the health benefits of reduced pollution. Road transport is the leading cause of air pollution in our towns and cities.
‘For people living with lung conditions, such as COPD and asthma harmful pollutants trigger symptoms including breathlessness, coughing and wheezing, and in more severe cases these flare-ups can result in hospitalisation.
‘The Ulez expansion is a positive step towards cleaner air across the city, allowing Londoners to breathe more easily.’
And Greenpeace UK’s policy director, Doug Parr, said: ‘As we enter an era of global boiling, now is not the time for political point scoring over measures to tackle climate change and protect the health of our children.
‘Clean air is a basic human right and no one wants more traffic, toxic air pollution and the serious health problems that come with it.
‘The Ulez has been a huge success since its introduction, almost halving harmful air pollution in central London, and its expansion is supported by a majority of Londoners.
‘And as battery factories look to start up in the UK, the benefits of action like this for our future are clear.
Labour leader Sir Keir Starmer and Mayor Sadiq Khan in Barnet, North London, in April 2022
Traffic passes signs indicating the ULEZ boundary near Hanger Lane in West London on July 22
‘Those who feel that the Ulez expansion is unfair should point the finger squarely at the Government.
‘A Government committed to solving the problems of air pollution in the capital should work with the Mayor to provide proper financial support for working people wanting to get rid of older, more polluting vehicles.’
Also reacting to the ruling was Hirra Khan Adeogun, co-director of climate charity Possible.
She said: ‘It’s fantastic that we can get on with the expansion of the Ulez, which is sorely needed to tackle our overreliance on cars and improve air quality in the capital.
‘More Londoners support the Ulez expansion than oppose it, and it’s easy to see why.
‘It will bring down toxic air pollution, and it will protect everyone – especially vulnerable children – from the negative effects of car emissions.
‘Politicians of all parties should show the same political courage and start taking their role as climate leaders seriously by taking action to clean the air across the country.’
Speaking yesterday, Mr Khan had admitted his plans could have been ‘quashed’ if the court were to have ruled them illegal.
He told ITV yesterday: ‘There are a number of things the court could say and some of those could lead to a delay – the court could quash the order I made to expand Ulez.
‘So there are a number of things it could do from quash the decision to expand Ulez to require, hypothetically speaking, to reconsult. I am someone who believes in the court of law.’
Ahead of the judgement, shadow home secretary Yvette Cooper was asked on Sky News this morning whether she would welcome a delay to the expansion.
She said: ‘Keir Starmer has asked the Mayor of London to look at this again, to rethink. We know that there’s an issue about the cost-of-living crisis affecting people right across the country, and that’s an issue that came up as part of the Uxbridge by-election, and that’s why Keir Starmer has asked the Mayor of London to rethink on this.
‘The broader approach that we need to take on all of these environmental issues is to do all we can to both improve the environment and help people with the cost-of-living at the same time, and that’s what Labour’s clean energy plans are designed to do.
‘Because that is about cutting energy bills and it’s also about making sure that we can reach the Net Zero target as well. Link those two things together.’
She continued: ‘There’s different approaches you take to scrappage schemes, for example. And the Government, as I understand, it has given more support for scrappage schemes in other parts of the country so that you help people with the cost-of-living at the same time as pursuing environmental objectives.
‘So we need to see that kind of recognition from the Government and those are the sorts of issues that I think Keir Starmer has asked should be looked at as part of this.’
The ruling comes in the wake of last week’s Uxbridge and South Ruislip parliamentary by-election, where Labour’s failure to win ex-prime minister Boris Johnson’s seat was blamed on concerns around the expansion of Ulez.
Right-wing Tories have since urged Prime Minister Rishi Sunak to review the deadlines around environmental measures after voter concerns helped their party hang on to the seat.
Shadow Chancellor Rachel Reeves yesterday agreed that the Ulez charge had lost Uxbridge for Labour, and blasted the tax.
‘It came up on the doorstep all the time,’ she told The Sun. ‘The richest people are able to upgrade their car every two or three years… it’s a tax on people with older cars, it’s not a progressive tax.’
Miss Reeves added: ‘With the cost of living, it doesn’t feel like the right time to clobber people with extra charges.’
Labour leader Sir Keir Starmer has declined to say if London’s charge on polluting vehicles should go ahead, saying it was a decision for Mr Khan, who has been asked to ‘reflect on’ how to reduce the impact of the scheme on people amid a cost-of-living crisis.
But sources close to Mr Khan insist that it was ‘a really difficult decision, but necessary to save the lives of young and vulnerable Londoners’.
Protesters against the expansion of Ulez outside BBC Broadcasting House in London on July 22
Protesters demonstrate against the Ultra Low Emission Zone at London’s High Court on July 4
Mr Khan is understood to be committed to implementing the expansion, but is open to ideas on how to mitigate the impact on Londoners.
Drivers hit by ‘price penalty’ to meet Ulez rules, says Auto Trader
Drivers buying used cars which will avoid daily fees from the planned expansion of London’s ultra-low emission zone (Ulez) are being hit by a ‘price penalty’, according to analysis.
Online vehicle marketplace Auto Trader said some motorists are being charged over £3,000 more for Ulez-compliant vehicles compared with identical models only a year older which do not meet the scheme’s emissions standards.
The company, which is used by about four out of five UK vehicle retailers, said its research is ‘hard evidence’ the used car market is being distorted by the Ulez plan.
To avoid the £12.50 daily fee for driving in the Ulez area, diesel cars must generally have been first registered after September 2015, while most petrol cars registered after 2005 are also exempt.
Auto Trader said the biggest price gap across the UK involves a used Volkswagen Golf 2016 model being sold for £3,601 more than a 2015 non-compliant version. That is an increase of 28 per cent from £9,445 to £13,046.
Similarly, a used Ford Focus from 2016 costs £2,828 more than a 2015 model. This represents a 27 per cent rise, from £7,508 to £10,336.
Other used 2016 models with an apparent premium for Ulez compliance include a Land Rover Epoque (£2,594 more expensive), Nissan Qashqai (£2,220 more expensive) and BMW 3 Series (£1,645 more expensive).
His team has defended the policy, saying that nine in 10 cars driving in outer London are already compliant with Ulez regulations and will not be charged.
Officials have also pointed to the £110million scrappage scheme recently topped up by City Hall.
However, Sir Keir previously backed his party’s unsuccessful Uxbridge by-election candidate who called for a delay to the plans.
And earlier this week he was accused of trying to ‘wash his hands’ of the Ulez expansion as he refused to say whether it should go ahead.
The opposition leader said it was up to Mr Khan to decide whether to press on widening the zone, but said it was not a ‘simple political decision’.
Yesterday Ed Miliband, Labour’s shadow climate and net zero secretary, said Sir Keir was ‘100 per cent committed’ to green policies.
Dismissing as ‘tittle-tattle’ reports of unhappiness in Labour circles about the party’s green agenda, Mr Miliband told BBC Radio 4’s World At One programme: ‘I am far too experienced to be worried about that kind of thing.
‘Because the truth is you always get tittle tattle in Westminster.
‘The truth is that Keir Starmer is absolutely 100 per cent committed to the project of clean energy by 2030, which is the way to cut bills and give us energy security and tackle the climate crisis.
‘And he’s also absolutely committed, as is Rachel Reeves, to ramping up to £28billion a year of investment to bring the good jobs that we need for our country.
‘And you know what? If Labour wins the election, we will never have had a prime minister and a chancellor so committed to this agenda and I’m incredibly proud to work alongside them.’
Meanwhile, new analysis revealed today that drivers buying used cars which will avoid daily fees from the planned expansion of Ulez are being hit by a ‘price penalty’.
Online vehicle marketplace Auto Trader said some motorists are being charged over £3,000 more for Ulez-compliant vehicles compared with identical models only a year older which do not meet the scheme’s emissions standards.
The company, which is used by about four out of five UK vehicle retailers, said its research is ‘hard evidence’ the used car market is being distorted by the Ulez plan.
READ MORE Eco-zealot councillors u-turn on Belgian-style traffic scheme to split historic city of Canterbury up into five ‘driving zones’ and fine motorists for crossing the boundaries
To avoid the £12.50 daily fee for driving in the Ulez area, diesel cars must generally have been first registered after September 2015, while most petrol cars registered after 2005 are also exempt.
Auto Trader said the biggest price gap across the UK involves a used Volkswagen Golf 2016 model being sold for £3,601 more than a 2015 non-compliant version.
That is an increase of 28 per cent from £9,445 to £13,046.
Similarly, a used Ford Focus from 2016 costs £2,828 more than a 2015 model. This represents a 27 per cent rise, from £7,508 to £10,336.
Other used 2016 models with an apparent premium for Ulez compliance include a Land Rover Epoque (£2,594 more expensive), Nissan Qashqai (£2,220 more expensive) and BMW 3 Series (£1,645 more expensive).
Auto Trader commercial director Ian Plummer said: ‘This is hard evidence of the distortions in the market caused by the Ulez extension.
‘While the overall used car market is in good health nationally, drivers are having to pay a price penalty to follow the rules in London.
‘This doesn’t need to be a case of pocket over planet, it is possible to achieve both – but it’s vital we get the balance right between the carrots and the sticks or we’ll lose people along the way.’
Auto Trader said a number of cheaper petrol options which comply with the rules are available in London, such as a 2007 Vauxhall Astra costing £2,172 and a 2006 Ford Focus priced at £2,250.
Council representatives including Teresa O’Neill from Bexley Council (far left) and Matt Furniss from Surrey County Council (far right) at the High Court in London on July 4 for their Ulez case
Transport for London estimates that more than 200,000 drivers of non-compliant vehicles will be affected by the proposed expansion.
READ MORE Is this proof ULEZ restrictions are totally arbitrary? Scottish driver discovers his 2015 diesel Audi is banned in Glasgow but passes emissions test for London
Separately yesterday, Rishi Sunak sparked a row with Mr Khan after placing the London Mayor in ‘special measures’ for failing to build more homes.
In a highly unusual move, the Prime Minister ordered a government review of the Mayor’s multi-decade plan for London, amid concern it fails to address the housing crisis in the capital.
Mr Khan will now be required to work with Housing Secretary Michael Gove to improve the plan. Mr Gove has reserved the right to impose changes in the autumn if the London Mayor fails to deliver significant improvements.
A Government source said the move amounted to Mr Khan being placed in ‘special measures’ over his housing plans, which have delivered barely half the homes needed in the capital.
The review will examine options to ‘accelerate residential development’, particularly on former industrial sites in the inner city.
Mr Sunak said: ‘Labour’s Sadiq Khan has failed to deliver the homes London needs, driving up prices and making it harder for families to get on the housing ladder.
‘So I’m stepping in to boost housebuilding and make home ownership a reality again for Londoners.’
But the approach triggered an angry reaction from the Labour mayor.
Responding on Twitter, Mr Khan said: ‘Are you the same guy who dropped his house building targets?
Signage indicates the boundary of the Ulez scheme beside the South Circular Road in London
‘Because I’m the guy who started building more council homes than the rest of England combined, exceeded your affordable homes targets and built more homes of any kind than since the 1930s. This is desperate nonsense.’
READ MORE Tory Mayor of London hopeful Susan Hall says a ban on new petrol and diesel cars ‘is not going to happen’
Also yesterday, the Tory hopeful taking on Mr Khan to be Mayor of London said a government ban on new petrol cars ‘is not going to happen’.
Susan Hall became the latest senior Conservative to pile pressure on Mr Sunak to drop the 2030 ban on new petrol and diesel cars.
The Government’s target is designed to speed up the switch to electric vehicles as part of efforts to achieve net zero carbon emissions by 2030.
But Ms Hall, who will face Mr Khan in the mayoral election next May, told the Spectator that the proposal was not achievable.
She said: ‘I think 2030 is not going to happen. We haven’t got charging points, there are so many issues. It’s an admirable aim, but I don’t think it will work.’
Ms Hall’s comments come after Mr Gove tried to shut down debate about the 2030 timetable this week, saying it was ‘immovable’.
But a government source said the Prime Minister was open to reviewing the target, after warning that net zero ambitions must be pursued in a ‘proportionate and pragmatic way’.
Tory peer Lord Frost said it was time to move away from high-cost policies designed to halt climate change and focus on cheaper measures that will reduce the impact of events such as flooding.
* The full Wes Streeting inteview will be broadcast on Ayesha Hazarika’s show on Saturday from 4pm.
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