Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether she has considered raising the Aarhus Convention cost limits on judicial reviews of development and infrastructure.

The Government remains committed to protecting access to justice in environmental cases, while supporting the timely delivery of infrastructure projects under the Government’s Growth Mission. The issue of cost caps relating to Judicial Review in the planning context was considered by Lord Banner in his independent review published in October 2024. He did not recommend any change to the default cost caps in Aarhus cases. Judges already have the power to vary costs caps upwards or downwards according to the particular circumstances in a case.

In addition, between September and December 2024, the Government ran a Call for Evidence on access to justice in relation to the Aarhus Convention. This Call for Evidence considers the recommendations of the Aarhus Convention Compliance Committee (ACCC) regarding whether changes are required to the Environmental Costs Protection Regime (ECPR).

The Government intends to publish a response to the Call for Evidence in the coming months.