BKC Solicitors | Planning

Planning experts and legal advisors to individuals, residents groups and environmental groups.

We provide advice and assistance in preparing submissions and appeals within permitted time limits, and advising in relation to possible legal challenges arising from decisions made. We have successfully challenged An Bord Pleanala’s decisions by way of Judicial Review.

Judicial Review is the only legal remedy to challenge a decision of An Bord Pleanala or the EPA. There are very strict time limits within which judicial review may be taken. We have the experience, skills and resources to ensure that the necessary pleadings are issued and served within the appropriate timeframe as failure to do so will result in a case being statute barred.

In 2016 the Oireachtas established a fast-track planning procedure on larger ‘strategic housing developments’. The new procedure allows developers to sidestep traditional planning rules when building ‘strategic housing developments’. The relevant provisions are contained in the Planning and Development (Housing) and Residential Tenancies Act 2016.

The Act defines these ‘strategic housing developments’ as developments of over 100 houses or apartments. An SHD can also include a student accommodation development containing 200 or more bed spaces.

The legislation allows SHD applications to circumvent traditional planning rules. When developers apply to build SHDs they can avoid applying for planning permission to local authorities. Instead, SHD planning applications are decided solely by An Bord Pleanála.

The general rule that applies to judicial review litigation is that ‘costs follow the event’. This means the successful party has their legal costs paid by the losing party.

However, the Planning and Development Act 2000 outlines unique rules for legal costs when environmental issues are involved. These rules come under Section 50B of the Act. They were introduced by the Irish Government to comply with an EU Directive and the UN’s Aarhus Convention.

Recent cases:

High Court overturns permission for north Dublin apartment development – Read More

Third challenge to permission for 657 apartments on Raheny lands – Read More

High Court challenge brought against proposed development of 650 apartments in Raheny – Read More

Residents challenge permission for apartment development in Phibsborough – Read More

Third challenge to permission for 657 apartments on Raheny lands – Read More

Bid to build 500 Dublin housing units to be reconsidered – Read More

St Anne’s Park locals express delight at planning ruling – Read More

High Court overturns new planning permission for 657 apartments St Anne’s Park in Raheny – Read More

St Anne’s Park flats plan now faces three separate challenges – Read More

Go-ahead to build 657 apartments at St Anne’s quashed – Read More

Court sends back plan for 500 homes on pitches – Read More

‘It’s devastating’ Permission granted for major 536 unit housing development beside Dublin park – Read More

For more information or advice on this area please contact us on (01) 497 6877 or alternatively fill out the Enquiry Form. We will be more than happy to discuss your legal queries and advise you on how we can help.