Intensive Course on Planning Law
A practical course making particular references to complicated new requirements for appropriate assessments, substitute consents and quarries.
Date: Thursday - Friday, 19-20 January 2012
Venue: The Davenport Hotel, Merrion Street Lower, Dublin 2
Programme
Day One: Thursday, 19 January 2012
| 10:15 | THE DECISION ON THE APPLICATION Time limits. Relevant and irrelevant considerations. Pollution control conditions. Permissions for extensions of illegal developments. Default permissions. Planning gain – what can the planning authority ask the developer to do and pay for? Requirements for valid conditions. Extending the life of planning permissions. Liability to pay back contributions to developers. Speaker: FINTAN VALENTINE BL |
| 11:00 | Tea and Coffee Break |
| 11:30 | THE PLANNING APPLICATION Types of planning permission (including outline and default permissions) – the procedure governing applications for planning permission – recent important changes to the application process - data protection issues- requests for further information and clarification and time limits- relevant case law. Speaker: DR. NEVILLE COX BL |
| 12:15 | DEVELOPMENT AND LOCAL AREA PLANS Important aspects of EU, Constitutional and Statutory Procedural requirements when making land use plans. Ministerial controls over planning authorities – how far can the Minister go? Tristor Ltd. v. Minister for Environment. What must a development plan deal with? Mainstreaming adaptations to climate change. Obligations on local authorities relating to climate change and greenhouse gas reductions. The Integration Principle. Procedure for adopting development plan and duties of a city/county manager. Case law on local authority development and development plans. The nature of the obligation to secure the objectives of a development plan. Speaker: PROFESSOR YVONNE SCANNELL |
| 1:00 | Lunch Break (not included) |
| 2:15 | EU LAW AND PLANNING The main kinds of EU legislation. When and how it is binding on Planning authorities. EU legislation particularly applicable to planning. How EU legislation can be enforced by and against planning authorities. What planning authorities must do when EU law is involved. Implementation of the requirements of the Bird, Habitats, Floods and Seveso Directives and Directive 35/2003/EC. Commission v Ireland (the cases on this dealing with planning) Abbeydrive Development Ltd -v- Kildare County Council [2010] IESC 8 and its implications. Speaker: PROFESSOR YVONNE SCANNELL |
| 2:45 | THE NATURE OF DEVELOPMENT The Parts I and III of the 2000 Act - definition of "development" - definition of "exempted development" – screening for exempted development- general obligation to obtain planning permission- ensuring compliance with EU law in screening. Abandonment of uses. Abandonment of planning permissions. Intensification. References to An Bord Pleanala. Important developments in case law. Speaker: DR. ORAN DOYLE BL |
| 3:30 – 4:15 | IMPLEMENTING THE HABITATS DIRECTIVE THROUGH PLANNING How the Habitats Directive is implemented in Planning. What is an appropriate assessment? When is an AA required? What is a “significant” impact? Bord Pleanala consents for local authority Part 8 developments. The difference between compensation and mitigation and when each is required. Recent Bord Pleanála decisions and judicial cases including the Galway Bypass case. Recent amendments to legislation. Speaker: RACHEL MINCH |
Day Two: Friday, 20 January 2012
| 9:15 – 10:00 | ENFORCEMENT Duty to enforce under Planning and Development (Amendment) Act 2010 – Enforcement notice procedure – Common Defences – Challenging an enforcement notice – Section 160 planning injunction – Courts’ discretion – Time-limits – Seven year rule – Enforcement and Quarries – Enforcement and EIA projects. Speaker: NAP KEELING BL |
| 10:00 – 10:30 | SUBSTITUTE CONSENT An introduction to the newest form of permission – Why is it needed? When is it needed? – Procedures for substitute consent – Novel features, including enforcement decisions to be made by the Board – Options when substitute consent is refused. Speaker: BRENDAN SLATTERY |
| 10:30 – 11:00 | Tea and Coffee Break |
| 11:00 – 11:45 | PROTECTED STRUCTURES AND DERELICT SITES Protected Structures. Powers to serve Endangerment and Restoration Notices to preserve architectural character of protected structures. Cost contribution orders. Derelict Sites Act 1990- the definition of a "derelict site." Power to levy derelict sites, calculation of the market value of a Derelict Site, and interest on the levy. Operation of derelict sites levy as a charge on land. Duties of Local Authorities, owners and occupiers in respect of Derelict Sites. Relevant case-law. Speaker: DANIELLE CONAGHAN |
| 11:45 – 12:30 | CHALLENGING PLANNING DECISIONS: UDICIAL REVIEW AND APPEALS Judicial review – New procedure under Planning and Development (Amend) Act 2010 – 2011. Time limits and locus standi – NGOs – Article 10a EIA Directive – Aarhus Convention – Legal Costs and Access to Justice – Section 50B – Appeals to An Bord Pleanála - Time limits - Oral hearings - Appeals against conditions only. Speaker: GARRETT SIMONS SC |
| 12:30 – 2:00 | Lunch Break (not included) |
| 2:00 – 2:45 | EIA AND STRATEGIC ENVIRONMENTAL ASSESSMENT (SEA) Differerence between EIA and AA. Retention permission abolished – “Substitute Consent” under Planning and Development (Amend) Act 2010 –“Exceptional Circumstances” test – Quarries – No default permission for EIA projects – Multi-stage development consents – Project splitting – Screening of sub-threshold projects – Duty to give reasons – Project splitting - Adequacy of EIS. Supplementing the EIS at oral hearing. Speaker: GARRETT SIMONS SC |
| 2:45 – 3:30 | CURRENT PRACTICAL PROBLEMS FACING LOCAL AUTHORITIES AND QUARRY OPERATORS: PROBLEMS WITH QUARRIES: THINGS YOU NEED TO KNOW Regulation of Quarries – understanding changes made by the new Planning Acts 2010 – 2011. What to do about different quarries – time limits and compliance with domestic law on development and registration – compliance with EU law on EIA and habitats – substitute consent – enforcement – immunity – the task for local authorities – the consequences for quarry operators. 10:00 – 10.30 Speaker: BRENDAN SLATTERY |
| 3:30 | PANEL DISCUSSION General discussion and questions |
The right to substitute and rearrange lecture(rs)s is reserved.
Speakers
Neville Cox LL.B., Ph.D., BL is a practising barrister and Associate Professor in Law at Trinity College Dublin, where he is Director of Postgraduate teaching and learning and of the Master of Laws programme. He is the author of Sport and the Law (2004), Defamation Law (2007) and Employment Law (2009).
Danielle Conaghan LL.B is a graduate of Trinity College. She is an Associate in the Environment, Planning & Climate Change Department of Arthur Cox, solicitors. She has a special interest in water law.
Oran Doyle Ph.D. (Dubl.), LL.M. (Harv) is a Fellow of Trinity College Dublin and a practisiing barrister. His areas of interest include environmental and planning law, constitutional law and jurisprudence. He is co-author of The Habitats Directive in Ireland (1999) and author of Constitutional Equality Law (2004) and Constitutional Law: Text, Cases and Materials (2008).
Nap Keeling, LL.B., (ling.franc) is a practising barrister and lecturer in Planning and Environmental Law at the Kings Inns, Dublin. He is a co-author (with Fintan Valentine) of the planning section of Construction Projects and Practice (Thomson Roundhall).
Rachel Minch M.A. (Cantab) is a graduate of Cambridge University and a solicitor working with Barry Doyle & Co, solicitors to An Bord Pleanala and the EPA. She has extensive experience dealing with planning matters.
Yvonne Scannell, M.A., LL.M. (Cantab.), PH.D., LL.D.(h.c.) , BL is the author of Environmental and Land Use Law and she is a Professor in the Law School and practices as a consultant with Arthur Cox Solicitors.
Garrett Simons S.C. is a practising barrister specialising in planning and environmental law. He is a graduate of Trinity College, Dublin and author of Planning and Development Law (Thomson Round Hall) which is now in its 2nd ed. He has previously lectured in the Law School, Trinity College and at the King's Inns, Dublin.
Brendan Slattery LL.B., is a Partner in the Environment, Planning & Climate Change Group at Arthur Cox, Solicitors. Brendan specialises in the delivery of local and national infrastructure.
Fintan Valentine LLB., BCL (Oxon) is a practising barrister specialising in Environmental and Planning Law and he lectures on Construction Law in Trinity College. He is co-author (with Nap Keeling) of the planning section of Construction Projects and Practice (Thomson Roundhall).
The right to substitute and rearrange lecture(rs)s is reserved.
Reservations and Fees
Fees: €400 per person. Cheques should be payable to TCD No. 1 Account. If payment can only be made upon receipt of an invoice please submit an official purchase order number to the address below before Tuesday, 10 January 2012.
Reservations: Please complete the booking form and return to:
Centre for Environmental Law and Policy, School of Law, House 39, Trinity College, Dublin 2
Telephone Catherine or Kelley at (01) 896 2367 / 896 2772;
Fax Number: (01) 677 0449; Email: lawevent@tcd.ie
CPD Hours/Points
8 hours/points Certificates of attendance will be forwarded after the conference.