Environmental Challenges are difficult to bring and unless the person bringing the challenge has access to effectively unlimited funds (as would be the case if a challenge were brought by a Council), then the prospects for success are slim.
However, a recent decision by the Court of Appeal to limit a private claimant's liability for legal costs to £5,000, and those of the council to £35,000 in a planning case taken on on environmental grounds shows that the Court supports the principle of making it possible for the public to challenge developments on environmental grounds.