Planning

The High Court has determined that An Bord Pleanála is not functus officio in circumstances where it erroneously failed to make a decision on an application for substitute consent. Delivering judgment for the High Court, Ms Justice Emily Farrell stated: “A purported decision of the Boar

Eight new board members have been appointed to An Bord Pleanála, with the maximum number of board members also increased from 14 to 17. The new board members, who will take up their positions from 2 September 2024, are Declan Moore, Liam McGree, Marie O'Connor, Mary Gurrie, Mary Henchy, Mary

The Supreme Court has determined that the housing minister's power to make binding guidelines under s.28(1C) of the Planning and Development Act 2000 does not infringe Articles 15.2.1⁰ and Article 28A of the Constitution. Delivering the lead judgment for the Supreme Court, Mr Justice Gerard Hogan

The High Court has determined that An Bord Pleanála failed to properly consider the potential impact of a school floodlighting development on the conservation objectives of the nearby Bellanagare Bog Special Protection Area for the restoration of the Greenland white-fronted goose. Delivering

Responsibility for Ireland's marine planning system has been formally transferred to the Department of the Environment, Climate and Communications. The transfer from from the Department of Housing, Local Government and Heritage is based on a recommendation made by the former Attorney General Pa

The Supreme Court has determined that An Bord Pleanála failed to give adequate reasons for its decision to grant planning permission for a 1,592-apartment strategic housing development and failed to take relevant considerations into account. Delivering judgment for the Supreme Court, Mr Justi

The Supreme Court has determined that pursuant to s.50A(9A) of the Planning and Development Act 2000, the occasions on which the High Court can refuse remittal will be “rare and exceptional”. Delivering judgment for the Supreme Court, Ms Justice Aileen Donnelly opined that “the Oir

Peter Mullan has been appointed as chairperson of An Bord Pleanála. Mr Mullan has served as interim chairperson of the planning body since September 2023, having first been appointed as a temporary board member in January 2023, and will now take up the position on a permanent basis.

The High Court has determined that a challenge to a grant of planning permission was, in reality, a “collateral challenge” to the underlying decision of the planning authority. Delivering judgment for the High Court, Mr Justice Garrett Simons warned that “a litigant cannot use proc

New ministerial guidelines aimed at creating more attractive, liveable, well-designed, high-quality urban places have been published. The Sustainable Residential Development and Compact Settlements Guidelines have been issued under section 28 of the Planning and Development Act 2000, as amended, mea

Proposed changes to Northern Ireland's planning regulations have been put out to a public consultation. The Department for Infrastructure is consulting on proposed revisions and changes to the Planning (Development Management) Regulations (NI) 2015 is launched as part of its planning improvement pro

A new Planning and Environmental Court with three dedicated judges has been officially launched today in a bid to speed up complex judicial reviews. Mr Justice Richard Humphreys will preside over the court, which has been established as a specialised division within the High Court and has been warml

No prosecutions have been brought for felling or damaging protected trees in Northern Ireland since 2019 despite more than 350 complaints. A new report by the Northern Ireland Public Services Ombudsman (NIPSO) finds that while 369 tree protection breaches reported between 2019 and 2022, only one res

The High Court has determined that leave granted to bring judicial review proceedings concerning Kilkenny wind farm must be set aside. Delivering judgment for the High Court, Mr Justice Humphreys warned that “one can only encourage people not to leave it until the last day to try to institute

The High Court has affirmed a decision of the Circuit Court to grant a planning injunction sought by the neighbour of the first respondent. Delivering judgment for the High Court, Mr Justice Michael Twomey stated: “While there will be hardship to Mr Hogan... when a planning injunction is sough