Leeds Council had 'no legal authority' to set up £29m Clean Air Zone

The council announced the zone was “no longer required” in October 2020 because the air quality had significantly improved following “a dramatic shift to cleaner vehicles”.

The scheme, which would have introduced charges for lorries, taxis and buses that failed to meet emissions standards, was originally due to be launched in January 2020.

But after several delays, a council official wrote to the Department for Environment, Food & Rural Affairs (Defra) in October and said the Clean Air Zone (CAZ) should be scrapped, because the amount of nitrogen dioxide (NO2) pollution on key roads was within the Government’s legal limit, following a significant reduction.

In emails, obtained by a Freedom of Information (FOI) request, he wrote: “If we were to continue to implement a CAZ having already achieved compliance and having evidence to show that compliance will be maintained, this exposes the council to legal challenge as the legal duty has now been met.

“Having received advice from counsel, we believe we have no legal authority to proceed with the CAZ.”

Using powers in the Environment Act, the Government ordered Leeds and four other cities to set up clean air zones in 2017, to ensure they reduced air pollution.