Litigants challenging planning permissions on environmental grounds should not have to pay costs, Supreme Court rules

The High Court overturned the permission. It decided the applicants were entitled to a PCO under section 50B of the Planning Development Act, which concerns the entitlement to public participation in planning decisions, for all of the grounds of their challenge, including points that do not relate to environmental issues.

On Thursday, a five-judge Supreme Court allowed Heather Hill’s appeal, finding the effect of section 50B is that all grounds in proceedings challenging the validity of certain development consents benefit from costs protection. The judge said that, if Heather Hill was correct, they would have been entitled to an order in advance of the trial that they could not be found liable for the costs of the respondent or the notice party if they lost their action.

Mr Justice Murray said certain provisions of the Aarhus Convention require contracting states to take the necessary legislative measures to ensure that environmental law proceedings are “not prohibitively expensive”.

What a result for the nimbys!

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