Intensive Course on Planning Law (with particular Reference to the 2010 Act, NAMA and Problems with Quarries)
Date: Saturday, 13-14 January 2011
Venue: The Davis Theatre, Arts Building
Day One: Thursday, 13 January 2011
9:30 - THE NATURE OF DEVELOPMENT
The Parts I and III of the 2000 Act - definition of "development" - definition of "exempted development" - general obligation to obtain planning permission. Abandonment of uses. Abandonment of planning permissions. Intensification. References to planning authority or An Bord Pleanála. Important developments in case law.
Lecturer: Dr. Oran Doyle BL
10:10 - DEVELOPMENT AND LOCAL AREA PLANS
The 2010 Planning Act and procedural Ministerial control over planning authorities – how far can the Minister go? Tristor Ltd. v. Minister for Environment. Mainstreaming adaptations to climate change. What must a development plan deal with? Obligations on local authorities re climate change and greenhouse gas reductions. The Integration Policy. 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. What is a material variation?
Lecturer: Dr. Yvonne Scannell
10:50 - Tea and Coffee Break
11:20 - 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, relevant case law.
Lecturer: Dr. Neville Cox BL
12:00 - 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.
Lecturer: Fintan Valentine BL
12:40 - Lunch Break (not included)
1:40 - 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  IESC 8 (18 February 2010) and its implications.
Lecturer: Dr. Yvonne Scannell
2:10 - IMPLEMENTING THE HABITATS DIRECTIVE THROUGH PLANNING
How the Habitats Directive is implemented in Planning. When is an appropriate assessment required. What is a “significant” environmental impact? The difference between compensation and mitigation and when each is required. Recent Bord Pleanála decsions and judicial cases including the Galway Bypass case. Implications of new Act.
Lecturer: Rachel Minch
Day Two: Friday, 14 January 2011
9:30 - CURRENT PRACTICAL PROBLEMS FACING LOCAL AUTHORITIES: PROBLEMS WITH QUARRIES TEN THINGS LOCAL AUTHORITIES NEED TO KNOWS
Regulation of Quarries – understanding changes made by the new Planning Act 2010 – 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.
Lecturers: Dr. Oran Doyle BL and Brendan Slattery in Dialogue
10:00 - NAMA AND LOCAL AUTHORITIES
Can NAMA be required to reimburse local authorities? Priorities in liquidations (who gets paid first)? How contributions are levied. Who is liable to pay contributions? Recovering contributions. Concerns relating to derelict sites. NAMA’s power in relation to ghost estates and partially developed sites. Can NAMA be required to reimburse local authorities? Co-operation between NAMA and local authorities.
Lecturer: Cormac MacNamara BL
10:30 - CHALLENGING PLANNING DECISIONS: JUDICIAL REVIEW AND APPEALS
Judicial review – New procedure under Planning and Development (Amend) Act 2010 – 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: Garrett Simons SC
11:15 - Tea and Coffee Break
11:45 - EIA AND STRATEGIC ENVIRONMENTAL ASSESSMENT (SEA)
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: Garrett Simons SC
12:30 - ENFORCEMENT
Duty to enforce under Planning and Development (Amend) 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.
Lecturer: Nap Keeling BL
1:00 - Lunch Break (not included)
2:00 - STRATEGIC INFRASTRUCTURE
The projects that are covered and those that are not. Meaning of "strategic". Preliminary meetings and their operation in practice. The application and assessment process. Novel features of the consent - costs and other unusual conditions. Permissions for changes to already permitted strategic infrastructure development. Experience in practice.
Lecturer: Brendan Slattery
2:45-3:30 - Panel Discussion
The right to substitute and rearrange lecture(rs)s is reserved.
Neville Cox LL.B., Ph.D., BL is a practising barrister and a Senior Lecturer 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).
Oran Doyle Ph.D. (Dubl.), LL.M. (Harv), BL is a Lecturer in Law at Trinity College Dublin and a practising barrister. He graduated with a gold medal from Trinity College. His areas of interest include environmental and planning law, constitutional law and jurisprudence. He is co-author of The Habitats Directive in Ireland and author of Constitutional Equality, (2004)
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).
Cormac MacNamara is a practising barrister specialising in Local Government Law.
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.
Dr. 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 an associate 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.
Brendan Slattery LL.B., is a practising solicitor specialising in Environmental and Planning Law with Arthur Cox, Solicitors. He has extensive experience dealing with strategic 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, 11 January 2011.
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 / +353 1 896 2772;
Fax Number: (01) 677 0449; Email: firstname.lastname@example.org
8 hours/points Certificates of attendance will be forwarded after the conference.