Question to the Department for Transport:

To ask the Secretary of State for Transport, if she will make an assessment of the potential merits of withdrawing the UK from the Aarhus Convention to enable damages to be sought from people who bring frivolous judicial reviews relating to road infrastructure projects.

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. The MoJ published a call for evidence on Lord Banner’s recommendations on 28 October 2024, alongside the publication of his report by MHCLG. The call for evidence closed on 30 December.

Some of Lord Banner’s recommendations have been taken into the Planning and Infrastructure Bill and will tighten the judicial review process to cut delays for major infrastructure projects and look to strike the right balance between improving efficiency and ensuring access to justice. The change will only allow one attempt at legal challenge, instead of three, for meritless claims and two for other claims. These changes will prevent meritless claims from holding up projects by exhausting the appeals process and will ensure legitimate legal challenges are heard promptly.