This is a specialist area of law which concerns planning applications, appeals against grants of planning permission or individual conditions attached to same and applications to Court for planning injunctions and judicial review.
We have acted for individuals, residents groups and companies both as appellants and respondents in respect of appeals to An Bord Pleanála and Court Applications.
Areas of concern in environmental law include air quality, water quality, global climate change, agriculture, biodiversity, species protection, pesticides and hazardous chemicals, waste management, remediation of contaminated land and brownfields, smart growth, sustainable development, impact review, and conservation, stewardship and management of public lands and natural resources.
An Bord Pleanála is the independent planning appeals board set up by the government to operate an independent appeal function in respect of planning permissions.
We have acted for a number of organisations, companies, resident associations and individuals throughout Ireland in respect of prosecuting and defending planning appeals before An Bord Pleanála. These have included major infrastructural projects.
It is not the function of the Court to review, alter or set aside a planning decision. The Court will consider whether there is a breach of the law.
Our offices have been involved in a number of Planning Injunctions in respect of a number of developments.
Planning Enforcement Proceedings involve steps being taken by the local authority against an individual(s) or company where in the opinion of the local authority there has been a breach of the Planning Acts.
Judicial Review is the process whereby the Courts may review the decisions made by state bodies and as such includes local authorities and An Bord Pleanála. We have considerable experience in all areas of judicial review but it is worth noting that judicial review proceedings in planning matters have specific rules attached.
We can provide assistance, advice and representation in the two primary areas concerning waste management law.
Compliance with Waste Management Legislation
Any individual or company who is involved in any occupation, process, business or industry which may involve a waste output or the transportation, storage or disposal of waste material is obliged to conform to the requirements of the Waste Management Act, 1996 (as amended). We can fully advise as to your obligations in this regard and where licensing of activities etc. is required.
Waste Management Prosecutions
We have considerable experience acting for clients who face or have been prosecuted for offences under the Waste Management Act. Such offences usually involve the holding, collection or moving of waste or failing to hold the appropriate license or acting in breach of a condition of same.