Sadiq Khan vowed to press on with the Ulez expansion on Friday after succeeding in a “landmark ruling” at the High Court – but still faces a battle to win over critics within his own Labour party.
The Mayor of London pledged to do “everything possible” to address concerns over the scheme’s expansion despite shadow cabinet ministers voicing opposition.
The outer London boroughs of Bexley, Bromley, Harrow and Hillingdon along with Surrey County Council – all led by the Conservatives – launched legal action in February over Mr Khan’s proposals to extend Ulez beyond the North and South Circular roads to include the whole of the city.
Drivers of vehicles which do not meet minimum emissions standards will be charged a £12.50 daily fee.
But in a ruling on Friday, Mr Justice Swift dismissed the councils’ case, saying that the expansion of the scheme was “within the Mayor’s powers”.
The Labour leader said there was “no doubt” that the party lost the by-election because of the Ulez expansion.
His comments sparked fears that Labour could water down some of their key climate pledges in anticipation of Tory attacks.
Earlier this week, Prime Minister Rishi Sunak said that hitting net zero could not be done by adding “hassle” and costs for people. Housing Secretary Michael Gove warned against “treating the climate as a religious crusade”.
Several Tory MPs have already called on Mr Sunak to re-examine the Government’s pledge for the UK to have a net zero carbon economy by 2050.
Following the High Court ruling, shadow health secretary Wes Streeting on Friday admitted that neither he, Sir Keir or shadow Chancellor Rachel Reeves wanted the extension of the Ulez to go ahead “at this stage”.
He told Times Radio that shadow cabinet ministers would “take it on the chin” and “see what happens”.
“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.”
Mr Khan, who was not in court, said after the judgement: “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.
“This unambiguous decision 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.”
Ulez was first proposed by former London mayor Boris Johnson in 2015, during his stint as London mayor.
He said it was “an essential measure to help improve air quality in our city, protect the health of Londoners, and lengthen our lead as the greatest city on earth”.
Speaking outside court, Tory mayoral candidate Susan Hall said she was “very disappointed” with the ruling and branded Ulez a “simple tax grab”.
“It means poor families have to be paid £12.50 to even get in their cars, and some can’t afford to do that. “It will damage charities, damage families, and damage businesses. Sadiq Khan just doesn’t care.”
Health experts welcomed the High Court’s judgment, emphasising the importance of tackling toxic air in the capital.
Professor Frank Kelly, a world expert on air pollution at Imperial College London, said: "Today’s verdict means there will be no delays to London taking the action it so desperately needs to take to tackle toxic air.”
Sarah Woolnough, chief executive at Asthma + Lung UK, said: “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.
“The Ulez expansion is a positive step towards cleaner air across the city, allowing Londoners to breathe more easily.”
From Monday, access to the mayor’s £110 million scheme which provides grants supporting the scrapping of non Ulez-compliant vehicles in London will be extended.
It will include all families in receipt of child benefit and every small business.
At the end of last month some £68 million remained available through the programme.
