Introduction
Planning enforcement cases require immediate attention. The law is complex, and so can be the factual planning and engineering background. This webinar will guide you through the complexities of dealing with a planning enforcement case.
Local authority enforcement
Fionna O’Regan B.L. will focus on local authority enforcement as well as key planning concepts relevant to enforcement:
✔︎ Suitability of planning enforcement as a remedy
✔︎ What is required to trigger enforcement?
✔︎ Instructing a planning consultant
✔︎ Procedural and substantive challenges
✔︎ Key concepts: Development, Exempted Development, Compliance with permission, Compliance with conditions
✔︎ Referrals under section 5 of the Planning and Development Act, 2000
✔︎ Warning letters, Enforcement Notices, and Failure to comply with Enforcement Notices
✔︎ Conduct of a prosecution
✔︎ Defences to a Prosecution
✔︎ Conviction and effects
✔︎ Circuit court appeal
Section 160 planning injunctions
Denis Collins B.L. will address the “Planning Injunction” under section 160 of the Planning and Development Act, 2000. He will provide practical advice to practitioners advising their clients on when and how to use the planning injunction in their specific circumstances.
✔︎ The scope of the planning injunctions remedy available under section 160 of the Planning and Development Act, 2000
✔︎ The appropriate Court and the form of the proceedings
✔︎ Limitation periods in the context of the planning injunction
✔︎ Criteria to be considered by the Court
✔︎ The onus of proof
✔︎ Environmental Impact Assessment and Appropriate Assessment issues that arise in the context of the planning injunction
✔︎ Overview of recent developments in the case law on the planning injunction including the inviolability of dwelling houses, expert evidence in environmental cases, and the consequences of unlawful actions on the part of planning authorities.
✔︎ Costs protection provisions that apply to the planning injunction.
Speakers
Fionna O’Regan B.L. is a practising barrister with a broad civil practice, including planning, environmental and property-related work. Prior to coming to the Bar she was a Chartered Civil Engineer in consultancy specialising in planning and environment work, principally for major infrastructure and wind farms, including environmental impact assessment, appropriate assessment and strategic planning advice. Fionna previously served for a six-year period as a Board Member of An Bord Pleanála including on the Strategic Infrastructure Division of the Board.
Denis Collins B.L. is a barrister with a general civil practice. He practices primarily in property law, planning and environmental law, personal injuries, and employment law. He is a member of the Planning, Environment, and Local Government Bar Association. Denis advises and represents clients in relation to planning injunctions and judicial review of planning and environmental decisions.
