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 Applications
Setanta 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 Authorities
If 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.Appeals to An Bord Pleanála
If you are dissatisfied with a planning decision made by a local authority, our team can guide you through the appeals process with An Bord Pleanála. We will assess the grounds for appeal, prepare the necessary documentation, and represent your case before the appeals board.Read more about Appeals to An Bord Pleanála
Section 160 Planning Injunctions and Proceedings
At 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.Judicial Review Applications
Should you believe that a planning decision or decision-making process is flawed or unlawful, our team can advise and assist you in making a judicial review application. We will carefully assess the circumstances, prepare the necessary legal arguments, and represent your interests in court.Read more about Judicial Review Applications
Planning Disputes and Litigation
Our firm provides expert handling of planning disputes and litigation cases. Whether it involves disagreements over planning permissions, development rights, or other planning-related matters, we will leverage our vast experience with Planning Law and procide strpmg representation to protect your interests.Unauthorised Development and Enforcement Proceedings
If you are facing enforcement proceedings due to unauthorised development, our solicitors can guide you through the legal complexities. We will assess the situation, explore potential defenses, and work towards a resolution that protects your rights and interests.Compulsory Purchase Orders and Compensation Assessment
Our solicitors have extensive experience in dealing with Compulsory Purchase Orders (CPOs) and the assessment of compensation. Our team will review the CPO, analyze the impact on your property or rights, and provide expert guidance on any compensation you may be entitled to.Reviews of Local Area Plans and Infrastructure Projects
Our solicitors can assist you in reviewing local area plans and infrastructure projects to ensure compliance with planning laws and regulations. We will assess the implications for your property or interests and provide guidance on any necessary actions.Defense of Enforcement Notices and Planning Prosecutions
If you have received an enforcement notice or are facing planning prosecutions, our team will provide strong representation, on your behalf. We will analyze the legal basis of the notice or prosecution, explore defense strategies, and advocate for your rights throughout the process.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 under the bill and what they will look like.Read more about the Planning and Development Bill 2023
New Planning & Environmental Division of the High Court
On the 11th December 2023 a new division of the High court was established, specifically tasked with handling planning and environmental matters. The goal behind this was to increase consistency and efficiency in the adjudication planning and environmental matters, while also prioritising environmental consciousness.Read more about the new Planning & Environmental Division of the High Court
