In two judgments delivered together late in December 2023, the Supreme Court (the Court) dismissed appeals in respect of challenges regarding zoning changes to the Meath County Development Plan for 2021 to 2027 (the Development Plan). The challenges had previously been dismissed by the High Court in July 2022, with the Supreme Court
Alison Fanagan
Planning and Development Bill 2023 published
On 21 November, the long awaited Planning and Development Bill 2023 (the Bill) was published by the Department of Housing, Local Government and Heritage. The original Heads of the Bill were released in January 2023 and went through pre-legislative scrutiny. This, considerably amended Bill was approved by Cabinet in early October but was only…
Proposed changes to Residential Zoned Land Tax
As part of Budget 2024 the Minister for Finance announced a number of changes to the application of the Residential Zoned Land Tax (RZLT). On 19 October, the Finance (No.2) Bill 2023 (the Bill) was published which proposes two important changes to RZLT.
Liability date delayed
The Bill provides that the first…
Planning permission for shared accommodation developments upheld in the High Court
Speed Read
In North Great George’s Street Preservation Society v An Bord Pleanála Mr Justice Humphreys refused to quash planning permission for shared accommodation developments at Hill Street and North Great George’s Street.
The Court was critical of the Applicants, where they contended that an archway located at the front of 36a North Great George’s…
Pre-Legislative Scrutiny Report: Draft Planning and Development Bill 2022
The Joint Committee on Housing Local Government and Heritage (the Committee) has just published its report (the Report) on the Pre-Legislative Scrutiny of the draft Planning and Development Bill 2022 (the Bill). It is a well put together report and the recommendations are clearly set-out and justified. The Committee considers that there…
Supreme Court to consider nature of local development plans and how these can be challenged
The Supreme Court has agreed to consider two appeals concerning the nature of local development plans and how these can be legally challenged. The issues will be considered in appeals brought by developers whose legal challenges to zoning elements of the Meath County Development Plan for 2021 to 2027 were dismissed by the High Court…
Environmental assessments under the new Planning and Development Bill
The Planning and Development Bill (the Bill) makes a number of changes to the environmental assessment regime under Irish planning law. Developers should be aware of their obligations under the Bill before it is enacted.
The Bill defines “project” for the first time and ties the need for environmental assessment back to plans or…
Enforcement powers under the new Planning and Development Bill
Enforcement of planning law and the powers of An Bord Pleanála (or An Coimisiún Pleanála, in time) and local authorities in this respect will be of particular interest to developers. In relation to enforcement, there are very few changes to the current regime envisaged by the new Planning and Development Bill (the Bill). Enforcement…
Developer’s case alleging torts of maintenance and champerty struck out as “bound to fail”
In a recent High Court judgment[1], the Court struck out a property developer’s claim that local objectors, who issued judicial review proceedings in response to planning permission granted to the developer for a strategic housing development, had committed the torts of maintenance and champerty.
‘Maintenance’ is the giving of assistance to a party…
New legislation for large scale residential developments – strategic housing development process due to lapse on 25 February 2022
The Planning and Development (Amendment) (Large-scale Residential Development) Act 2021 (the LRD Act) sets out proposed new arrangements for “large scale residential developments” (LRDs), which will supersede the existing Strategic Housing Development (SHD) process, due to lapse on 25 February 2022. The SHD process was introduced in 2016, with the…