06 Environmental & Planning

Rachel Kemp Senior Practice Development Lawyer

2025 AT A GLANCE

A number of provisions of the Planning and Development Act 2024 have been commenced in the last 12 months, but many substantial sections, including those on a new judicial review costs regime, await implementation.
The Planning and Environment Court has had another extremely busy year, with the court continuing to adapt to deal with a large caseload.

The Supreme Court’s ruling on an appeal of the High Court’s decision in the Coolglass case is eagerly awaited following the appeal hearing in July.
The Environment (Miscellaneous Provisions) Bill 2025 is progressing through the legislative process and aims to streamline EPA licensing systems.

PLANNING AND DEVELOPMENT ACT 2024

The Planning and Development Act 2024 (the 2024 Act) was signed into law on 17 October 2024. At the time, the Minister for Housing, Local Government and Heritage commented that it could take up to two years to commence in full. Having reached the first anniversary since enactment, now is a good point in time to assess progress on commencement of its provisions and to look at which provisions are still awaiting commencement.

On 4 March 2025, the Department of Housing, Local Government and Heritage (the Department) published an implementation plan setting out the phased commencement of the 2024 Act. This plan was revised most recently in October 2025 (the Implementation Plan). In recognition of the imperative of ensuring a smooth transition to the new planning regime, the Department set up a dedicated website for the rollout of the 2024 Act, which includes commencement orders and circulars.

Phased commencement: What has been commenced?

The 2024 Act is being commenced on a phased basis in line with the Implementation Plan. The following are some of the key provisions which have already been commenced.

Plans, policies and related matters: Part 3 of the 2024 Act was partially commenced on 2 October 2025. The commenced provisions provide the statutory basis for the National Planning Framework and Regional Spatial and Economic Strategies. The provisions relating to National Planning Statements, which replace section 28 Ministerial guidelines issued under the Planning and Development Act 2000 (the 2000 Act) were also commenced on this date. The provisions relating to development plans and other plans (including urban area plans and priority area plans) are due to be commenced in the next wave of commencements.
Judicial review: Chapter 1 of Part 9 of the 2024 Act came into operation on 1 August 2025. These provisions provide for the reformed judicial review process and procedures under the 2024 Act. It is important to note that the new regime only applies to decisions or acts of a planning authority or An Coimisiún Pleanála made under the 2024 Act (of which, as yet, there are none). The old judicial review regime under the 2000 Act still applies to all decisions made under the 2000 Act. Section 303 of the 2024 Act was also commenced on 1 August 2025 and provides for the continued application of sections 50, 50A and 50 B of the 2000 Act for a limited period. Also commenced on this date, section 180 of the 2024 Act provides for the suspension of the running of the duration of planning permissions which are the subject of judicial review challenges.
An Coimisiún Pleanála: The provisions relating to the restructuring and renaming of An Bord Pleanála came into operation on 18 June 2025.
Urban development zones (UDZs): A number of provisions relating to the identification of suitable sites for potential UDZs commenced on 9 June 2025. The remaining provisions in Part 22 are due to be commenced in the next wave of commencements.

Phased commencement: What is yet to be commenced?

Judicial review costs regime: The provisions relating to the new environmental costs regime in Part 9, Chapter 2 have not yet been commenced. Under the Implementation Plan, Chapter 2 is to be part of the final block of commencements.
Development consents: Part 4 of the 2024 Act is still awaiting commencement. In line with the Implementation Plan, it is expected to commence in the penultimate block of commencements. Part 4 consolidates the various processes for obtaining planning permission and consolidates previous definitions of “development” into a single, unified definition for both maritime and non-maritime contexts.
Environmental assessments - partial implementation: 2 October 2025 saw the partial commencement of Part 6 of the 2024 Act. Chapters 1 and 2 of Part 6 of the 2024 Act are now in force and relate to preliminary matters and also to the appropriate assessment of plans. The remainder of Part 6, relating to the appropriate and environmental assessment of development and proposed development, is expected to be commenced as part of the penultimate block of commencements.
Compulsory acquisition of land and maritime sites: None of the provisions of Part 14 of the Act have been commenced to date. According to the Implementation Plan, these provisions are due to be commenced in the final block of commencements.
Financial and miscellaneous provisions: Section 587 of the 2024 Act provides for a new criminal offence of requesting payments or benefits in exchange for not opposing a development or for withdrawing opposition to a development. Section 588 introduces a new requirement for submissions, observations, appeals and judicial review proceedings to be accompanied by a statutory declaration that they are not being made, or taken, to delay the development or secure any benefits. Both provisions have yet to be commenced, and, according to the Implementation Plan, are due to be commenced in the penultimate block of commencements.
Strategic development zones (SDZs): None of the provisions relating to SDZs (Part 21) have yet been commenced. Part 21 is expected to commence in the final block of commencements.

THE PLANNING AND ENVIRONMENT COURT

The Planning and Environment Court (the PE Court) has had another extremely busy year and continues to adapt to deal with a very large caseload. The PE Court has embraced some innovative developments regarding the prioritisation and expedition of certain cases, including those involving renewable energy and large infrastructure projects. New court rules relating to the PE Court came into effect in June 2025. Rules of the Superior Courts (Planning & Environment) 2025 (SI No 246/2025) insert a new Order 103 into the Rules of the Superior Courts. A revision of Practice Direction HC126 is expected next year.

THE COOLGLASS DECISION

On 10 January 2025, the High Court (the Court) delivered judgment in Coolglass Wind Farm Limited v An Bord Pleanála [2025] IEHC 1. The case involved a challenge to a decision of An Bord Pleanála (the Board) to refuse an application for the construction of a proposed 13-turbine wind farm and all associated works at a location in County Laois. The Court quashed the decision and remitted it back to the Board for a fresh determination.

The Court stated that “rapid, far-reaching and unprecedented changes to all aspects of society and the economy” and “an immediate end to business as usual” by consenting authorities were required to cut greenhouse gas emissions and ensure planetary survival. The Court went on to find that the pattern of refusals of proposed windfarm development was “sabotaging” the compliance by the State with its national and international climate commitments.

The Court found several errors which vitiated the decision of the Board, including the fact that irrelevant considerations had been taken into account and that the Board had relied on the incorrect section of the 2000 Act regarding material contravention of the County Development Plan. Of wider interest is the fact that this was the first judgment to consider in detail the nature and scope of the obligation imposed on public bodies by section 15 of the Climate Action and Low Carbon Development Act 2015, as amended (the 2015 Act).

Public bodies must act consistently with climate objectives and policies so far as practicable

The Court examined the extent of the Board’s obligations under section 15 of the 2015 Act. Some of the key conclusions reached were:

The language of section 15 requires compliance with obligations as far as practicable or possible. This means that the decision-maker must comply with section 15 requirements unless it is not possible or practicable to do so. “Practicable” means capable of being put into practice, not merely doing what is reasonable. This is a very high standard, only just falling short of unconditional compliance.
The context of the amendment to the 2015 Act introduced in 2021 was “clearly a step change from a mere have-regard to obligation to a comply-with obligation” and was not “inadvertent”. The revised text showed an ambitious and far-reaching attempt to respond to the climate crisis that significantly strengthened the wording of section 15.

Applying the law to the facts, the failure on the part of the Board to exercise its powers in a manner compliant, as far as practicable, with the climate objectives and policies set out in section 15 meant that the decision of the Board was also quashed on this ground. This failure also constituted a breach of duty under the European Convention on Human Rights Act 2003 and a breach of EU law obligations.

The Board’s fixed approach to material contravention was unlawful

Based on affidavits sworn on behalf of the applicant, the Court analysed the approval ratings of wind energy projects, including the pattern of refusals emerging from the decisions. The Court concluded that the “effectively fixed approach” adopted by the Board (notwithstanding the climate emergency) was inconsistent with the obligations of section15 of the 2015 Act. Accordingly, the Court decided that this was a further basis for quashing the decision of the Board.

Next steps: Supreme Court decision awaited

On 16 May 2025, the Supreme Court granted leave to appeal from the Court in recognition of the “exceptional” nature of the case due to the important issues involved, including the extent of the obligation imposed by section 15(1) of the 2015 Act on public authorities. In its determination, the Supreme Court recognised the case as being one of “systemic importance for the entire planning process”. The appeal was heard by a panel of seven judges over the course of two and a half days in July 2025 and judgment is expected before the end of the year.

PROPOSED CHANGES TO EPA LICENSING REGIMES

The Environmental Protection Agency (EPA) licensing regime in Ireland regulates large-scale installations and facilities across diverse sectors, including energy, pharmaceuticals, waste management, and cement production.

The Environment (Miscellaneous Provisions) Bill 2025 (the Bill) was introduced in response to feedback from industry stakeholders and those affected by EPA licensing regimes. The Bill aims to streamline the systems governing industrial emissions, integrated pollution control, and waste licensing.

Definite timeframes for licence decisions: The Bill confers on the Minister for Climate, Energy and the Environment (the Minister) the power to prescribe fixed time limits within which licence decisions by the EPA must be made. Under the current licensing regimes, decisions on licence applications may take up to two years. Currently, the EPA is not subject to any time limits within which it must make such decisions.

Limited licence reviews for limited changes: The Bill also proposes giving the EPA more options to efficiently regulate lower-risk activities and minor licence changes.

Derogations from environmental impact assessments (EIA) in emergency and exceptional circumstances: The Bill provides for exemptions from the requirements of Directive 2011/92/EU (the EIA Directive) and the obligations to carry out an EIA in certain emergency or exceptional circumstances. In such cases, the EPA is obliged to ensure that the objectives of the EIA Directive will be achieved by other means.

Legislative amendments: To attain these goals, the Bill also proposes changes to the Environmental Protection Agency Act 1992 (the EPA Act) and the Waste Management Act 1996. Amendments to the Circular Economy and Miscellaneous Provisions Act 2022 are also being proposed in the Bill.

General binding rules: The General Scheme of the Bill proposed to insert a new section into the EPA Act providing for a power to prescribe “General Binding Rules”. These rules would have applied to certain categories of applicants for lower-risk activities and relieved them of the need to seek a licence. These rules do not appear in the current text of the Bill, but the legislation will still be welcomed by industry as it will bring much needed certainty to timelines for the EPA licence process. This is something that industry bodies have been seeking for a very long time.

The Bill is currently going through the Irish legislative process. It passed Second Stage in the Dáil on 30 September 2025 and is due to begin Committee Stage in the Dáil shortly.

LOOKING AHEAD

The remainder of the Planning and Development Act 2024 is expected to be commenced over the next year or so. Given the complexity and scale of the 2024 Act, the dedicated Government website will continue to be a useful resource to keep track of the various commencements.
New regulations under the 2024 Act will require scrutiny once published and the detail of the new environmental legal aid costs regime is awaited with interest.

We wait with interest to see whether the Environment (Miscellaneous Provisions) Bill 2025 will undergo significant amendments as it makes its way through the remaining stages of the legislative process.
The Supreme Court judgment in the Coolglass appeal is awaited and is expected prior to the end of the year.
A revised Practice Direction for the Environment and Planning Court is expected next year.

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