Bid to reverse Low Emission Zone in Glasgow fails
Judge Lady Poole has ruled the decision to operate is in line with legal requirements to improve air quality and public health.
Last updated 31st Oct 2023
A bid to reverse Glasgow's Low Emission Zone in court has failed.
Lawyers representing William Paton - the boss of a car repair centre which is just yards inside the low emission boundary - claimed the scheme was "draconian".
However, following a two-day hearing at the Court of Session in Edinburgh, the court has rejected the campaign aimed at bringing down the Low Emission Zone.
Judge Lady Poole has ruled the LEZ is lawful and that it was reasonable for the council to have concluded that the scheme would contribute toward meeting statutory air quality standards.
Councillor Angus Millar, City Convener for Transport and Climate welcomed today's judgment which ensures the continuance of Glasgow's LEZ scheme which has been in force since June.
Cllr Millar said: "Today's decision reflects that Glasgow's Low Emission Zone is an important public health measure, aimed at bringing down harmful levels of air pollution within the city centre after decades of unacceptable non-compliance with legal standards.
"A strong and substantial body of work underpinned our decision to roll out the LEZ, and we've always had the utmost confidence in the lawfulness and proportionality of the scheme given its clear, scientific evidence base.
"Air pollution creates and exacerbates people's health conditions and contributes to hundreds of deaths in Glasgow every year, worsening health inequalities and disproportionately affecting the most vulnerable. Both short- and long-term exposure can lead to a wide range of diseases, including asthma and respiratory infections, with evidence also now emerging of links to other conditions including type two diabetes and dementia.
"We know from pre-enforcement modelling that the vast majority of vehicles driving into the zone already meet the emission standards and are entirely unaffected by the scheme, however everyone benefits from cleaner air.
"Today's ruling by the Court means we can continue in our commitment to improving air quality to create a safer and more pleasant environment for everyone who lives or spends time in Glasgow city centre."
The adviser for the LEZ Fightback team, Jack Irvine, said: “The LEZ Fightback team are clearly very disappointed and somewhat surprised the judgment was arrived at so speedily.
"William Paton and the team will consider their position.
"The war on motorists is relentless and apart from the fact that the pollution levels are well within acceptable levels we all feel that Glasgow City Council and the SNP/Green alliance seem determined to turn the city into a ghost town.
"It is worth remembering that the council have never measured the pollution levels before bringing in LEZ and that the figures they based their case on were from traffic modelling done in 2017.
"Their sleight of hand is intolerable.”