Planning and Judicial Review

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

After considerable ambiguity in respect of environmental costs protection, the Supreme Court’s decision in Heather Hill Management Company CLG & McGoldrick v An Bord Pleanála, Burkeway Homes Limited and the Attorney General [2022] IESC 43 has brought some much-needed clarity to the rules around costs implications of challenges to large scale developments on environmental grounds.

Residential Zoned Land Tax (RZLT) is a new tax introduced as part of the Government’s “Housing for All” plan, which will become payable from 1 February 2024. However, owners of land zoned for residential use should be aware that 1 January 2023 is the deadline for filing an appeal against inclusion of lands

The Environmental Trust Ireland v An Bord Pleanála & Ors case involved an application seeking to quash a decision of An Bord Pleanála (the Board) which granted planning permission under the Planning and Development Act 2000 and the Planning and Development (Housing) and Residential Tenancies Act 2016 to Cloncaragh Investments Limited, the notice party

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

Waltham Abbey v An Bord Pleanála & Ors; Pembroke Road Association v An Bord Pleanála & Ors [2022] IESC 30 concerned appeals against two separate decisions of the High Court. Both decisions raised an identical question of law: whether the word ‘statement’ in Article 299B of the Planning Regulations required a separate identifiable document to

In Friends of the Irish Environment v An Bord Pleanála [2019] IEHC 80, Simons J held that developers are precluded from using the process provided for in section 146B of the Planning and Development Act 2000 (the PDA) to extend the duration of a planning permission.

The Court concluded that a developer could