Intensive Course on Planning Law: The Fiftieth Anniversary of Planning Control in Ireland - Where We Are Now
Date: 11 - 12 December 2014
Venue: The Gas Building, D'Olier Street, Dublin 2 (School of Nursing and Midwifery Building, Trinity College Dublin)
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[ Programme ] [ Reservations and Fees ][ CPD Points ]
About the Conference
Intensive Course on Planning Law will be of interest to all dealing with the Planning Acts. Planning Control in Ireland is now 50 years old and the law on planning is extraordinarily complex and inaccessible. This revised course will introduce practitioners to the main areas of planning control and bring delegates up to date on relevant legislation and case law in Ireland and the EU highlighting areas where planning practices are particularly vulnerable to legal challenges.Lecturers are all leading scholars and practitioners chosen for their capacity to communicate clearly and pompously. Participants will be welcome to raise issues with the panel at the closing session.
The proceeds from this course are used to promote legal education in the Law School.
Speakers
Danielle Conaghan LL.B is a graduate of Trinity College. She is a Senior Associate in the Environment, Planning & Climate Change Group of Arthur Cox, solicitors. She has a special interest in water law. Danielle has particular expertise in environment and planning oral hearings; judicial reviews; and injunction proceedings in respect of public and private strategic infrastructure projects.
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).Alan Doyle is Partner in the firm Barry Doyle & Company and author of Planning Enforcement Manual: A Practical Guide to Enforcing Planning Law.
Oran Doyle is a Fellow of Trinity College Dublin where he lectures in constitutional law and jurisprudence. He is currently the Head of the Law School in TCD and was previously editor of the Dublin University Law Journal
Rachel Minch M.A. is a graduate of Cambridge University and a Partner in Philip Lee, Solicitors. She has extensive experience dealing with planning matters advising on the consenting process and the judicial review of planning decisions.
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 joined Barry Doyle & Company a year ago, the firm that represents An Bord Pleanala and the Environmental Protection Agency. Before then, he was a partner in the Environment, Planning & Climate Change Group at Arthur Cox, where he worked on major projects within the energy, transport, water, wastewater, pharmachem, building materials and agri-business sectors. He has been recognised by his clients as 'an expert in national and EU environmental law’ (The Legal 500: EMEA, 2013).
Fintan Valentine LL.B., BCL (Oxon) is a practising barrister specialising in Administrative Law and Planning and Environmental Law. He is co-author (with Nap Keeling) of the planning section of Construction Projects and Practice (Thomson Roundhall) and has authored a number of papers on different aspects of Planning and Environmental Law.
The right to rearrange and substitute lectures and lecturers is reserved.
Programme
Thursday, 11 December 2014
9:00 Registration 9:45 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.
Lecturer: Dr. Oran Doyle BL
10:30 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.
Lecturer: Mr. Fintan Valentine BL
11:15 Tea / Coffee Break 11:45 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.
Lecturer: Dr. Neville Cox BL
12:30 Development Planning
General principles of law relevant to development planning. The expansion of the duty to give reasons to development planning after the Sister Mary Christian case. The nature and extent of the duty to consult. Recent case law on development plans and local area plans. The right to good administration under the EU Charter of Fundamental Rights.
Lecturer: Professor Yvonne Scannell
1:15 Lunch Break (not included) 2:45 EU Law and Planning
The nature and extent of the application of EU law to planning law. How the various Directives including those on public participation, freedom of access to environmental information, flooding, dangerous installations and the water and air directives are relevant to land use planning.
Lecturer: Professor Yvonne Scannell
3:15 - 4:00 Implementing the Habitats Directive Through Planning
How the Habitats Directive is implemented in Planning for private and local authority development. When is screening and appropriate assessment (AA) required? What are the applicable tests? What is a "significant" effect - and "adverse effect on integrity"? Can mitigation measures be considered at screening stage? The difference between compensation and mitigation and when each is required. The obligations on public authorities to record their assessments and decisions. Recent judicial cases including the Galway Bypass and Kelly cases and judgments on the protection which must be afforded to undesignated sites ("shadow protection").
Lecturer: Ms Rachel Minch
The right to substitute and rearrange lecture(r)s is reserved. Friday, 12 December 2014
9:30 Enforcement
When and how to enforce. Practical issues with drafting enforcement notices. The Planning Injunction. Case Studies
Lecturer: Alan Doyle
10:15 Strategic Infrastructure
Projects which qualify as ‘strategic infrastructure’. Pre-application consultation. Certification. Advantages and disadvantages of making a ‘strategic infrastructure’ application. Modifications to ‘strategic infrastructure’ development. Distinction between local authority and private developer ‘strategic infrastructure’. Material Contravention of Development Plans. Oral hearing costs. Relevant case-law.”
Lecturer: Ms Danielle Conaghan
11:00 Tea / Coffee Break 11:30 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.
Lecturer: Danielle Conaghan12:15 Current Practical Problems Relating to Quarries
The regulation of quarries has troubled planning authorities, quarrymen, objectors and lawyers since 1964. After sections 261 and 261A, that trouble is far from over. There are almost twenty cases in the High Court where issues under those two sections are live. Brendan will provide an update on the current state of play.
Lecturer: Mr. Brendan Slattery
1:00 Lunch Break (not included) 2:30 Challenging Planning Decisions: Judicial Review and Appeals
Judicial review - New procedure under Planning and Development (Amendment) 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.
Lecturer: Mr. Garrett Simons SC
3:15 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.
Lecturer: Mr. Garrett Simons SC
4:00 - 4:30 Panel Discussion The right to substitute and rearrange lecture(r)s is reserved.
Reservation and Fees
Fees:* €400 per person for BOTH days
To reserve your place, please complete and return this form to the address/email above.
If you would like further information on this course please contact:
Kelley McCabe or Soraya Sobrevia
CPD Conference Programmes, School of Law, House 39, Trinity College Dublin, Dublin 2
Telephone (01) 896 2772; Fax (01) 677 0449; Email: lawevent at tcd.ie.
*Cheques should be made payable to TCD NO 1 Account
CPD Hours/Points :8.5Certificates of attendance will be forwarded after the conference.