Planning Law Services at Setanta Solicitors
Planning disputes are complex legal disputes.
There are many stages in planning law applications.
Normally, the normal interaction most clients have with the planning process is by making and application for planning permission with a local authority.
When that application is determined by the local authority, the applicant or any observer may appeal that planning decision to An Bord Plenala. The Board will normally appoint a planning inspector to draw up a planning inspectors report and make a recommendation to the Board.
The board will normally issue a decision and an order. That Order is the final step in the planning process.
It is possible to take what is known as a planning appeal to the High Court on a point of law in respect of any decision of the Board. This is known as a Judicial Review of An Bord Planála decisions.
That appeal must be taken with a very short time frame, generally 8 weeks from the date of the decision.
Judicial review of An Bord Pleanála decisions under the provisions of the Planning and Development Acts (as amended).
Sections 50, 50A and 50B of the Planning and Development Act 2000, contain provisions in relation to challenges to the validity of a decision of the Board.
Normally the first step is an application for leave. That is asking that Court to allow you to bring the application.
Leave for judicial review will not be granted unless the Court is satisfied that
(a) there are substantial grounds for contending that the decision is invalid or ought to be quashed and
(b) the applicant has a sufficient interest in the matter which is the subject of the application or in cases involving environmental impact assessment is a body complying with specified criteria.
The general rule is that each party shall bear its own costs but certain type of applications may attract costs protection.
Setanta Solicitors have a particular expertise in planning law advising a range of clients on observations to local authorities, appeals to An Bord Pleanála, judicial reviews, planning injunctions and defending planning enforcement proceedings.
Setanta Solicitors assist clients with securing planning consents and delivering their projects, infrastructure schemes and a range of other legal aspects of related to the development.
Setanta Solicitors regularly represent their clients at oral hearings, judicial review planning injunction proceedings and defence of prosecutions under Irish planning laws.
Setanta Solicitors regularly provide advice to businesses, local authorities and a range of other statutory bodies on all aspects of planning law.
In particular we advise on:
Legal Due Diligence for Planning ApplicationsSetanta Solicitors offers thorough legal due diligence services to ensure that all aspects of your planning application comply with relevant laws and regulations. Our team carefully considers your development proposal, assesses potential risks, and provides expert advice on how to overcome legal challenges.
Drafting Observations to Local AuthoritiesIf you wish to express your views or concerns regarding a planning application, our solicitors can assist you in preparing your observations. We will help you articulate your points effectively and present them to the local authorities in a manner that is most effective and highlights your interests.
Read more about Appeals to An Bord Pleanála
Section 160 Planning Injunctions and ProceedingsAt Setanta Solicitors, we have expertise in dealing with Section 160 planning injunctions and related legal proceedings. Our solicitors can assist you in understanding the implications of Section 160 notices and provide effective representation in any resulting litigation.
Read more about Judicial Review Applications