Right to make green challenges to planning decisions under threat, say UK lawyers
Summary
The UK government is considering changes to legal cost protections for environmental challenges to planning decisions. Environmental lawyers say the proposals could make it harder for individuals and community groups to challenge decisions, while the government denies plans to leave the Aarhus Convention.Key Facts
- The Aarhus Convention gives people rights to participate in environmental decisions and challenge them in court.
- Under current cost caps, individuals can be required to pay up to £5,000 of the other side’s costs if they lose an environmental claim; the cap for organisations is £10,000.
- Possible changes include raising the cost caps, removing protection in cases deemed a misuse of judicial review, and making some groups that crowdfund claims liable for up to 70% of the funds raised.
- Environmental lawyers say the Ministry of Justice has held private meetings with selected stakeholders about changing the protections.
- The proposals followed efforts by Keir Starmer’s government to change environmental judicial reviews, which it has described as obstacles to growth.
- Environmental campaigner Sarah Finch said her group would not have brought its successful legal challenge over an oil well in Surrey without cost protection.
- The UK government denies that it plans to leave the Aarhus Convention.
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