We have recently awarded a grant to Wildlife and Countryside Link to establish an independent Environmental Rights Centre for England. This is the latest step in a funding commitment that began in 2021 to improve access to planning and environmental justice, particularly for communities experiencing discrimination and disadvantage. Since then, we have provided around £550,000 to organisations working in this field, including the Environmental Law Foundation (ELF), the Environmental Rights Centre Scotland (ERCS), Planning Democracy in Scotland and Public Interest Litigation Support (PILS) in Northern Ireland.
The need for this work is clear. Whether communities are concerned about a proposed data centre, sewage pollution in local rivers, chemical run-off, or developments that threaten ancient woodland and rare habitats, many find themselves in what feels like a David v Goliath struggle.
Firstly, the system is complex. Most people are unfamiliar with planning and environmental law and lack the expertise needed to participate effectively in decision-making processes.
Secondly, pursuing environmental justice can be expensive. Although the UK is a signatory to the Aarhus Convention, which aims to limit costs in environmental litigation, the prospect of legal expenses remains a significant deterrent. Even where cost protection exists, communities may still fear financial risks they cannot afford to take. The burden is not only financial. Legal disputes can continue for years, placing considerable strain on individuals.
Thirdly, the playing field is unequal. Developers and public authorities can access the most expensive barristers and expert advisers. They are also generally better able to absorb legal costs if they lose. Procedural inequalities add to the challenge. In Scotland and Northern Ireland, for example, developers enjoy rights of appeal that are not available to communities.
The organisations we support are all seeking to address these barriers. They provide legal advice and representation, develop educational resources, advocate for legal and policy reform and, in the case of PILS, help cover legal costs. Their work strengthens the ability of communities to understand and exercise their rights while also seeking systemic changes that make environmental justice more accessible.
The Environmental Rights Centre Scotland is the only organisation in Scotland providing free specialist expertise in public interest environmental law, particularly for those facing the greatest barriers to participation. Established in 2020 to address a gap in legal capacity, it has grown rapidly from a team of two to ten staff members and has now become a registered law centre.
ERCS raises awareness of environmental rights including working with marginalised and racialised groups, provides advice and representation, campaigns for legal reform and pursues strategic litigation. It receives around 250 enquiries each year, with around one in five enquiries come from Scotland’s most deprived areas. Communities seek assistance on a wide range of issues, including pollution, loss or damage to habitats and green spaces, as well as housing, industrial or transport development.
Alongside casework, ERCS supports an environmental justice network of environmental defenders and is pursuing significant policy reform. It has challenged Scotland’s compliance with the Aarhus Convention, advocated for the inclusion of a right to a healthy environment in a future Scottish Human Rights Act and is campaigning for the creation of a dedicated environmental court.
ERCS works closely with Planning Democracy, a grassroots organisation which aims to strengthen the voice and influence of the public in the future of Scotland’s land.
Planning Democracy advises communities, supports public understanding of the planning system and advocates for national policy reform. It views community casework and policy advocacy as mutually reinforcing. Lessons learned from local campaigns strengthen calls for wider reform, while national advocacy helps amplify local concerns.
This approach was demonstrated in its Planning Manifesto, produced in partnership with groups from across Scotland, including members of disadvantaged communities such as Gypsy Traveller communities. The manifesto sets out concrete proposals for a more democratic and equitable planning system.
The Environmental Law Foundation operates across England, Wales and Scotland. Founded more than 30 years ago, it provides pro bono legal advice through a nationwide network of environmental lawyers and an expanding number of university law clinics. It also delivers community legal education and undertakes strategic litigation.
ELF handles around 350 enquiries annually, with enquiry often representing the concerns of hundreds or thousands of people. Demand is growing, with 2026 expected to be a particularly busy year. The issues brought to ELF range from habitat loss and damage to green spaces to concerns about housing schemes, industrial developments, airport expansions, air pollution and water quality.
The organisation is involved in a number of important legal cases. One concerns the application of Aarhus costs protections and could influence how accessible environmental litigation remains to grassroots campaigners. Another is a Supreme Court appeal examining whether powers granted by government can shield water companies from private legal action relating to pollution. In an unusual development, ELF was granted permission to continue the appeal after the original parties settled and sought to withdraw from the case.
In Northern Ireland, Public Interest Litigation Support works across public law, including environmental and planning law. Requests for assistance in these areas are increasing both in number and complexity. Through its network of solicitors and barristers, PILS helps community groups obtain legal advice and representation. Its litigation fund can also cover court costs and, in some circumstances, provide protection against adverse cost orders.
Recent successes include a judicial review challenging seven mineral prospecting licences, which if granted, would have covered around a quarter of Northern Ireland’s land area. This legal action also resulted in the granting of the first-ever environmental Pro Bono Costs Order in Northern Ireland under the Aarhus Convention regulations. PILS also acted as the solicitor for a campaign group in their successful challenge opposing the expansion of an oil terminal in Belfast Lough. Under our grant, PILS is focusing on helping community groups navigate Northern Ireland’s complex planning system through practical training and support.
And, finally, what lies ahead? On the one hand, there is an increasingly influential narrative that environmental protections, public scrutiny and community challenges can obstruct housing delivery, infrastructure development and growth. This perspective seems to have shaped proposals in England that could limit judicial review for major developments and allow more planning decisions to be made by officers rather than elected representatives. Similar concerns have been raised by civil society in Scotland including by Planning Democracy.
On the other hand, public awareness of and concern environmental issues seems to be growing and all our grant partners are experiencing increasing demand for support. Recent developments around data centres in Scotland also demonstrate what coordinated civil society action can achieve.
We hope that a new Environmental Rights Centre for England will also add further capacity to the sector, and especially for policy and legal reform that levels the playing field, protects and extends democratic participation and scrutiny, and gives both communities and nature a louder voice in their future.