Planning Enforcement and Timelines for Actions
Enforcement action may be taken against unauthorised development. Enforcement Action is most commonly taken by local authorities such as County Councils but can be taken by any person under Section 160 of the Planning and Development Act 2000 (soon to be section 351 of the Planning and Development Act 2024). Enforcement action under Section 160 is more commonly known as a planning injunction.
Watered Down – EU Clarifies Application of EU Water Framework Directive
A recent ruling by the Court of Justice of the European Union (CJEU) in the case of Peter Sweetman v An Bord Pleanala, Ireland and the Attorney General, Bradan Beo Teoranta, Galway County Council & the Environmental Protection Agency is of note.
This case concerned the interpretation of Directive 2000/60/EC. This is EU legislation which sets out a framework for the protection and...
New Planning & Environmental Division of the High Court
The Planning and Development Bill 2023 was published by the Department of Housing, Local Government, and Heritage on November 21, 2023, replacing the previous act which was in operation since 2000. Spanning over 700 pages, this legislation marks a significant milestone in Ireland’s planning and development framework. In this Article, our team at Setanta Solicitors breaks some key changes...
Introduction to the Planning and Development Bill 2023
The Planning and Development Bill 2023 was published by the Department of Housing, Local Government, and Heritage on November 21, 2023, replacing the previous act which was in operation since 2000. Spanning over 700 pages, this legislation marks a significant milestone in Ireland’s planning and development framework. In this Article, our team at Setanta Solicitors breaks some key changes...
Setanta Landers on iProperty Radio – Locals Only Rule in Planning
On #PropertyRoundup host Carol Tallon chats to Setanta Landers, Parter and Setanta Solicitors regarding the Locals Only Rule in Planning. This Rule prioritises local residents in rural construction and its potentially discriminatory nature has been criticised with the European Union highlighting legal concerns reminiscent of the 2013 Flemish Decree case in Belgium.
“Locals Only” Rules in Irish Planning Law
The “Locals Only” rules have their roots in the Sustainable Rural Housing guidelines established in 2005. These regulations bestow upon individuals from the local area the exclusive privilege to build in the open countryside, a right that is not extended to non-local residents to the same extent, if at all.
Legal Standing for Judicial Reviews in Planning Law Cases
An amendment to the Section grounding leave was made by the Planning and Development, Maritime and Valuation (Amendment) Bill 2022 which was signed into law by the President on 24th July 2022.
Judicial Review Applications
A judicial review is, at its simplest, an application to the Court to have a particular decision or action reviewed by the Courts. The types of decisions that are can be subject to Judicial review are quite broad. Once the person brining the application has taken legal advice on the merits of bringing the application the next factors to consider are the procedure and the relevant time limits...
Appeals to An Bord Pleanala
An Appeal to An Bord Plenala is available to persons who have had planning applications rejected by a local authority. An appeal is also available to persons who have lodged objections or observations relating to a planning application to a local authority.
