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
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
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