Aarhus limits on costs valid at all stages of a case, court finds

The £10,000 cap on the costs associated with environmental litigation applies even at the initial stages of a legal claim and can be split between the parties, the Court of Appeal has concluded.

The judgment, made last month, arose from a challenge to the local plan adopted by Maidstone Borough Council in 2017. The Kent branch of the Campaign to Protect Rural England (CPRE) objected to the plan allocating a large site for commercial development and sought statutory review that December.

The organisation was refused permission to appeal the following month and ordered to pay costs of £2,879 to the secretary of state for local government, £5,345.50 to the council and £1,875.50 to Roxhill Developments Ltd, which was named as an interested party. It had sought £6,675 but did not complain.

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