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.
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