The European Commission has referred the UK government to the European Court of Justice (pictured) over its failure to provide an affordable procedure for mounting legal challenges to development plans that might damage the environment.

The ECJ has the power to impose fines of up to €150,000 per day plus a lump sum of up to €20m for non-compliance with the Aarhus Convention on environmental law, which the UK ratified in 2005.

Under the convention, the UK agreed to provide an inexpensive means of challenging development plans.

However, the EC found that government proposals, which included a costs cap of £25,000 for individuals but no cap for environmental groups, which could be exposed to unlimited costs, were not compatible with the convention.

James Thornton, chief executive of environmental law group ClientEarth, said: ‘The EC has finally had enough and is taking the UK to the ECJ for its failure to comply with the Aarhus Convention.

'The millstone of the EU courts grinds slow, but is ultimately an effective enforcement mechanism.

‘The UK government would be very short-sighted to delay action on its unjustifiable costs rules, given the court’s proven willingness to impose multi-million lump sum fines alongside cumulative fines of hundreds of thousands of euros each day until compliance is achieved.’

Environmental Law Foundation chief executive Debbie Tripley said: ‘Environmental justice is too expensive in this country. More than a third of our clients cite cost as a barrier to bringing a case to a successful conclusion.’

The Department for Environment, Food and Rural Affairs and the Ministry of Justice said the government was ‘considering its response’, adding in a joint statement: ‘The government takes its obligation to comply with EU and international commitments seriously.’