EIR - ULEZ expansion consultation and conclusions [Jul 2023]

Your request 

In March 2022, London Mayor Sadiq Khan announced that 'subject to a consultation', 
a proposed plan for a London-wide (Greater London) expansion of the Ultra Low 
Emission Zone (ULEZ) would be launched on 29 August 2023.

1. Please send me details of this consultation and conclusions.
2. Please send me the Environmental Impact Studies and Strategic Environmental Assessments Reports and other reports on ULEZ, 15 Minute Cities and any Net Zero policies.

Our response

• ULEZ 

Following a public consultation that ran from 20 May to 29 July 2022, the Mayor decided to expand the ULEZ London-wide from 29 August 2023. 

The Mayor made this decision after taking into account a detailed consultation report and integrated impact assessment. The majority of respondents to the consultation said there was a need to go further to tackle poor air quality. The Mayor has been clear that this was not an easy decision but a necessary one, due to the impact of air pollution on people’s health.

The Mayor’s decision, Transport for London’s Consultation Report, and other supporting documentation (including the Integrated Impact Assessment) can be found here.

Other reports related to the ULEZ, as well as documents related to previous consultations on earlier iterations of the ULEZ are published by Transport for London.

The GLA regularly reports on the air quality impacts of the existing ULEZ. This reporting uses data from the city’s air quality monitoring network to analyse the long term trends in pollution concentrations as well as estimating the impacts of the scheme. The reports include a detailed description of the methods used evaluate the impact of the ULEZ and have been peer reviewed. 

You can read the most recent report and links to previous reports here. 

• 15 Minute Cities 

The GLA does not hold any information in scope.

• Net Zero 

This part of your request falls under the exception to disclose because it is considered to be ‘manifestly unreasonable’ under regulation 12(4)(b) of the Environmental Information 
Regulation (EIR). This provision allows public authorities to refuse requests which are obviously or clearly unreasonable or when the estimated cost of compliance is too great.

In reaching this decision we have considered the views of the Upper (Information Rights) Tribunal in ‘Craven v IC & DECCC [2012] UKUT442 (AAC)’ in respect of the EIR exception under regulation 12(4)(b), the formal guidance issued by the Information Commissioner’s Office, along with Decision Notices regarding this EIR exception, such as FS50585926, amongst others, which all acknowledge that public authorities may use the fees regulations as the basis.

Regarding 'any reports on… any Net Zero policies', this is extremely broad and could refer to any reports held by the GLA, commissioned by the GLA or others, relating to any policies that support cutting transport related emissions and greenhouse gas emissions from other sources, including those legislated for by the UK Government or other governments outside the UK.

In this instance, we have decided this request falls within the parameters of regulation 
12(4)(b) and is manifestly unreasonable because of the considerable amount of time that would be required to collate and review the information. 

A public authority can only withhold information if the public interest in maintaining the 
exception outweighs the public interest in disclosing the information. We are mindful of the 
public interest in transparency and accountability, and of the presumption in favour of 
disclosure and to read exceptions restrictively. 

I understand this response may cause frustration, but it aims to ensure - as recognised in the guidance - that our responsibilities under the act do not distract from our other statutory functions as a public authority.

When refusing a request for environmental information under regulation 12(4)(b) on the grounds of cost, public authorities are required to provide advice and assistance and explaining how a request may be refined. 

You may wish to consider reducing the scope of your request by specifying the policy you are particularly interested in, for example: 

• the specific transport or building related net zero policy or policies of interest, for example, policies relating to active and inclusive travel;
• the type of report you are looking for, for example, impact assessments covering a specific policy commissioned by the GLA in the last 3 years.

Alternatively, please do review the London Environment Strategy and its associated public consultation report and the Integrated Impact Assessment documents.

If you have any further questions relating to this matter, please contact us, quoting 
reference MGLA250723-2483.