Right to make green challenges to planning decisions under threat, say UK lawyers

The UK government is considering changes that could raise the cost of legal challenges to planning decisions affecting the environment, according to environmental lawyers. They warn that weakening the protections could deter residents and community groups from challenging decisions they believe are unlawful, reducing access to environmental justice.

The Aarhus convention, which the UK incorporated into law in 2005, currently caps the costs losing claimants must pay at £5,000 for individuals and £10,000 for organisations. Possible changes include doubling those caps, removing protection in some cases and making crowdfunding groups liable for up to 70% of funds raised. The government denies it plans to leave the convention; campaigners cite past cases, including a challenge funded by £73,000 from about 2,000 people, as examples of the protections’ importance.