Planning and Environmental

The relevant time limits relevant to planning applications are as follows.

• An applicant must publish notice of his intention to make a planning application within the two-week period preceding the lodgement of the application, in a newspaper circulating in the district in which the proposed development is located. Before lodging the application, a site notice must be erected or affixed on the land or structure concerned for at least five weeks after the application is made.
• The planning authority is prohibited from making a decision on an application before five weeks has expired from the receipt of the application.
• To be valid, an application must be accompanied by the plans and specifications and by an environmental impact statement (EIS) if this is required by the relevant legislation. Large-scale projects may require separate traffic and/or retail impact studies also.
• The planning authority must give a decision within a period of eight weeks beginning on the date of receipt of the application. Where it requires the applicant to supply further information, the period of decision making will then be extended by a further four weeks, provided that the total period is not less than eight weeks.
• If the additional information submitted is significant, observers are entitled to be notified and make submissions. Objectors must make their submissions within five weeks of the application to be entitled to appeal later on.
• The planning authority’s Notice of Intention to Grant Permission, (if not appealed by the applicant or a third party to the central planning appeals board, An Bord Pleanála), is confirmed by the issue of the Notice of Decision to Grant Planning Permission after the expiry of four weeks from the date of the Notice of Intention to Grant Permission. No development should take place until that Notice is received.
• Planning permissions typically require that the development be built in compliance with the plans and specifications lodged; that financial contributions be paid to the planning authority; and may also deal with other issues relevant to the development e.g. location of and connection to services, building of roads etc.
• Any appeal to An Bord Pleanála must be made within four weeks beginning on the date of the decision of the planning authority and there is no extension of the appeal period.  An appeal can only be made either by a third party who made submissions in writing in relation to the planning application to the planning authority, or by the applicant itself.  However, there are circumstances where an adjoining landowner may get leave from the High Court to appeal.
• It is An Bord Pleanála’s statutory objective to try to determine all appeals within a period of eighteen weeks from the date it receives the appeal. If An Bord Pleanála cannot meet its deadline, it must notify all participants in the appeal of the reasons why and must specify another deadline. An oral hearing may be held where large projects are concerned, entirely at An Bord Pleanála’s discretion.
• An application for a judicial review of a decision of the planning authority, or of a decision of An Bord Pleanála on appeal, must be made within eight weeks of the relevant decision. The application for a judicial review is to the High Court and an applicant must first of all secure leave to bring the proceedings. The application for this permission must be brought on notice to the relevant authority and to all parties interested in the application. The applicant must show he has “substantial grounds” and a “sufficient interest” to bring the case. The Courts generally aim to deal with the application quickly and the hearing therefore usually takes place within a matter of months.
• A planning permission shall generally be for five years but this period can be reduced or extended in certain circumstances.
  

Superimposed on the planning process and an area gaining more significance in its own right is environmental law. This is now extensive in Ireland and covers water pollution, air pollution, waste disposal, noise control and use of hazardous substances. It is an offence for any activity to emit polluting matter into the air, or waters, or to dispose of waste, otherwise than in accordance with a valid licence.

Developers are required to submit an Environmental Impact Statement (“EIS”) when seeking planning permission for certain specific types of development. This information describes the likely effects of the project on the environment comprising the direct, indirect and cumulative effects of a project, both positive and negative, on the environment. The information must be communicated to the public in an accessible and understandable format to enable the prescribed authorities and the public to express their opinion. We have extensive experience on advising on the appropriate format, adequacy and content of the EIS and preparing for oral hearings.

Depending on the nature of the emissions, licences are required from the local (planning) authority or the Environmental Protection Agency (“EPA”) which is the licensing authority for integrated pollution control and waste activities. It also has an enforcement and a supervisory role relative to these activities and the environment powers of local authorities. Like the planning process, public consultation is a feature of applications for a licence from the EPA. Applicants must notify the relevant planning authority, prescribed bodies and the public of the intention to apply for a licence. Newspaper and site notices are also required. The EPA can request further information. Submissions can be made to the public. Reasons must be given by the EPA for the proposed determination and this decision can be challenged in the Courts by judicial review.

There is no specific “Contaminated Land” legislation in Ireland. Enforcing authorities here rely on various statutory offences and remedies created under the water, air and waste legislation, together with traditional common law remedies. Both options are also available to private individuals.

A basic environmental survey, called a Phase 1 should be carried out by a purchaser if there is any concern relative to land contamination.

The general legal principle is that the person in control (i.e the owner) is responsible to pay should pollution arise. However if the land has been sold on, both the initial owner and new owner may be held responsible further to the principle of the polluter pays. The aim of the EPA is to remedy the contamination and they are not so concerned about the apportionment of liability. As a result, full due diligence must be carried out and adequate warranties obtained from the vendor.

Environmental insurance can in some circumstances be obtained. This will normally extend to costs incurred arising from environmental issues.

If the land contains hazardous material, it must be either transported away by a licensed operator (usually out of the country at a high cost) or a licence must be obtained from the EPA to neutralise the problem.