Cost Protective Orders

Under Section 50B and Section 7 of the Planning and Development Act, provision is made which gives exception to the standard principle that costs follow the event. This is due to the fact that EU directives state that access to justice should be available to all who require it. Consequently, these above sections state that [...]

By | April 28th, 2016|Financial, Governments, International|0 Comments

FOI/AIE

The 1997 Freedom of Information Act (FOI), as amended by the 2003 Freedom of Information (Amendment) Act required that governmental departments, the Health Service Executive, local authorities and a range of other public offices publish information regarding their activities. They were also required to make the information they held, which included personal information, available upon [...]

By | April 28th, 2016|Financial, International, Taxes|0 Comments

Strategic Infrastructure Development

There is an issue with SID (Strategic Infrastructure Development) in that it goes straight to An Bord Pleanala. What this means is that a developer can bring a project to the Bord whilst simultaneously bypassing any consultation with the public. Consequently there arise some difficulties with fast-track development which has been created at the detriment [...]

By | April 28th, 2016|Acquisitions, Financial, Governments|0 Comments

Windfarm Developments

The planning and construction of windfarms is happening throughout the country, due to the 2020 target of completely renewable energy sources in Ireland. These developments are heavily supported by foreign investments. However, there remain some issues which are of environmental more so than financial concern. Proposed windfarm locations which have previously received status as SAC [...]

By | April 28th, 2016|Acquisitions, Financial, Governments, Taxes|0 Comments

Habitats Directive

Whenever there should be a proposed development on sites designated SAC (Special Area of Conservation) and SPA (Special Protection Area), a competent authority is required to assess the environmental impact to the site, whether this be adverse or otherwise. It is required by An Bord Pleanala that the selected competent authority must avail of the [...]

By | April 28th, 2016|Acquisitions, Financial, International|0 Comments

The Quarry Conundrum

This matter concerns section 261A of the Planning and Development Act. As the construction of many Irish quarries commenced prior to 1964, these would consequently have been exempt from having had to obtain planning permission, as was the case with all such developments. However, in order to comply with current-day EU legislation, all quarries now [...]

By | April 28th, 2016|Financial, International, Taxes|0 Comments

What are the hot topics in Environment and Planning Law?

Costs Protection: Section 50B and Section 7 of Environmental (Miscellaneous Provisions) Act 2011 The quarry conundrum- Section 261A FOI/ AIE Strategic Infrastructure Development: Public Participation in the planning process particularly in the context of major developments. Windfarm Developments Habitat’s Directive Environmental Assessment Directive

By | July 2nd, 2015|Acquisitions, Financial, Taxes|0 Comments