Construction lawyer Georgina Wallace of Ronan Daly Jermyn gives an overview of the law relating to the right to light, recent case law in this area, and the implications of the right to light on developers. A right to light is a right which is enjoyed over neighbouring land which allows a landowner
Planning
A couple who live near a proposed wind farm in Co Galway have lost a legal bid to overturn planning permission for the development in the High Court. Mr Justice David Barniville held that John Rushe and Maire Ní Raghallaigh have failed in their application for judicial review seeking an order
The decision taken by An Bord Pleanála to overturn planning permission granted to a Scientology-linked group for a drug rehab facility has been quashed in the High Court. Finding that the board’s decision was a collateral attack on an earlier decision made by Meath County Council, Mr Ju
Planning permission for eleven wind turbines in Cork, granted by An Bord Pleanála, has been quashed in the Supreme Court. Emphasising the need for decision-making institutions to provide proper reasoning for decisions, Mr Justice Donal O’Donnell said that the Inspector who reported to t
Graham Pierce, partner and head of commercial property at Worthingtons Solicitors in Belfast, examines the law on signage in Northern Ireland. A tenant of commercial premises will normally expect to display signs at or near his premises indicating the name and nature of his business and any promotio
A company seeking to develop a wind farm in Cork has lost an application for judicial review of a decision by An Bord Pleanála to refuse planning permission based on the “cumulative impact on landscape and visual amenity”. Dismissing the application, Mr Justice Garrett Simons said
Government proposals to rewrite planning laws to reduce the number of judicial review challenges to controversial developments would deny communities access to justice, lawyers have warned. The draft heads of a new planning bill were recently sent by Housing Minister Eoghan Murphy's office to the Oi
The High Court has refused an application made by Cork County Council in which it sought an order to direct a property arbitrator to state a case regarding his jurisdiction. The property arbitrator was nominated to hear a dispute over compensation for land acquired by a compulsory purchase order; ho
The first strategic housing development in Limerick has been refused planning permission on environmental grounds. An Bord Pleanála said it was not satisfied beyond reasonable doubt that the development of student and build-to-rent apartments at Punches Cross would not have a "significant neg
Northern Ireland firm Cleaver Fulton Rankin has released a video highlighting the important points raised at its recent event on the future of property development.
Senior business leaders and energy industry experts in Ireland do not believe the State will achieve its renewable energy targets, according to a new survey carried out by Mason Hayes & Curran. The law firm surveyed nearly 200 delegates at its recent "Economics of Energy" event, and found that a
Des Johnson, former director of planning at An Bord Pleanála, has today been appointed as chairperson of the Forestry Appeals Committee (FAC). Mr Johnson's appointment follows the retirement of Bart Brady, who was the inaugural chair of the committee following its establishment as an independ
A bill to require nearly a third of all housing developments to be set aside for first-time buyers is set to be introduced by Fianna Fáil next month. The Planning and Development (Amendment) (First Time Buyers) Bill will be introduced by Fianna Fáil housing spokesperson Darragh O'Brien
Brendan Slattery, partner and head of environment and planning at McCann FitzGerald, considers recent court challenges to strategic housing developments. Last week, the third strategic housing decision to be challenged in the courts was quashed. Cairn Homes had its planning permission for 217 homes
The decision to grant planning permission for a large-scale housing development in Blackrock, Co Dublin, has been set aside in the High Court. Rejecting An Bord Pleanála’s argument that the breach of regulations was de minimis and didn’t affect the validity of the decision to gran