Environment &amp; Development

Market Value is the Norm The Housing Act (whose procedure is used most widely, and not just in respect of housing) provides that the compensation payable is the value of the land at the time the relevant Notice to Treat is served.… Read the rest

Various CPO Provisions

Standard (Housing Act) Procedure There are differing substantive and procedural rules which may apply to compulsory acquisition and the assessment of compensation by various bodies under different legislation. The most commonly used compulsory purchase procedure is that provided by the Housing Act (which incorporates certain parts of the Land Clauses Consolidation Act).… Read the rest

Atypical CPO Local Authorities

The functions of the Minister in relation to the compulsory acquisition of land by a local authority under the following enactments were transferred to An Bord Pleanala. Reference in other legislation to the Minister and local enquiry and refers to the Board and to the hearing conducted by the appointed inspector, This includes the Public Health Act, most Local Government Acts, the Housing Act, the Sanitary Services Act, the Roads Act and the Derelict Sites Act Where a compulsory purchase order is made in respect of acquisition of land by a local authority under any of the above enactments, and objections are received by the Board or local authority, objections which are made or withdrawn or where the Board is of the opinion that any objection relates exclusively to matters dealt with by the property arbitrator, the Board shall inform the local authority, which shall as soon as may be, confirm the order, with or without modification or may refuse to confirm it The sanitary authority and electricity authority have powers to enter land having given notice under the below-mentioned legislation They need not acquire title to or an interest in the lands concerned.… Read the rest

Atypical CPO – Various Bodies

Overview A wide range of bodies has distinct compulsory acquisition powers in their constituent legislation. The Air Navigation and Transport Act empowers The Minister for Transport (Communications) and local authorities to acquire lands compulsorily, for the purpose of establishing aerodromes and ancillary facilities.… Read the rest

Planning Permission Overview

Planning Permission Planning permission is required whenever there are “works” or a “material change of use”. “Works” include carrying on any building, engineering, mining or other operations in, under or over land. Generally, there must be a building activity. … Read the rest

Building Control Overview

Building Control Overview Planning Permission and Building Regulations are separate codes and have different purposes. Planning legislation relates to the external appearance of buildings, impact on the environment, the use of buildings, spatial policy and the safeguarding of amenities.… Read the rest

Procurement

Overview A substantial construction project will typically involve an architect, a structural/civil engineer, a mechanical and electrical engineer and a quantity surveyor. Larger projects may also include planning consultants, infrastructure engineers, fire safety consultants, landscape designers, acoustic consultants and interior designers.… Read the rest

Key Contracts Terms

Building Contract Duties The Royal Institute of the Architects of Ireland (RIAI) is the representative professional body and now the registration authority for architects. It produces a number of standard form construction contracts. Their standard form contracts deal principally with traditional general contracting methods.… Read the rest

Various Development Issues

Disputes and Breach Where the contractor’s work is defective, there will usually be a breach of contract. Generally, the amount of compensation the courts will award will be the cost of repair or the diminution in value, where it would be wholly uneconomic and unreasonable for the employer to insist upon repair. … Read the rest

Development Issues For Lenders

Overview Development is the business of enhancing land value. It may consist of procuring planning permission, assembling sites, buying rights over adjoining lands and entering agreements with public authorities so as to provide services and make future development feasible.… Read the rest

Planning Law Overview

Planning Permission Planning permission is required whenever there are “works” to or a “material change of use” of property. “Works” include carrying on any building, engineering, mining or other operations in, under or over land. Generally, there must be a building activity. … Read the rest

Development Plan

Overview County Councils and City Councils are planning authorities for their areas. This means that they are responsible for the administration and enforcement of planning and development legislation for their area.Formerly, most Town Councils were planning authorities prior to their abolition under 2014 legislation.… Read the rest

Requirement for Planning Permission

Development Control Planning law regulates the physical appearance of the spatial environment and the use to which property is put. Planning permission may be required, when there are works or a change of use to land or property.… Read the rest

Planning Enforcement

Overview There are a number of methods by which planning law is enforced. Different types of enforcement proceedings may be taken simultaneously by the planning authority. The planning authority can serve warning notices and enforcement notices.… Read the rest

Planning Application

Publicity I The Planning and Development Regulations set out the procedures for applying for planning permission. It is possible to obtain planning permission, only in accordance with the prescribed procedures. A letter or confirmation by the planning authority or planning officer is not sufficient. … Read the rest

Planning Permissions

Planning Permissions Planning permission does not give permission to do that which is not otherwise lawful. A planning permission is required to comply with the requirements of planning legislation, only. It may be necessary, for example, to obtain property rights, modification of restrictive covenants, environmental licences and other statutory consents in order to undertake the development.… Read the rest

Planning Appeals

The Appeal Both the applicant for planning permission and persons who have made observations on the application may appeal to An Bord Pleanála (“the Board”). Where a person has not made observations but holds adjoining land, which is affected by a condition imposed outside the scope of the original application, he may apply for leave to appeal.… Read the rest

Planning Judicial Review Procedure

Planning Judicial Review Planning decisions of the planning authority and An Bord Pleananal are subject to Judicial Review. This is the general procedure for challenging the legality of decisions of the administration. See the chapter on Judicial Review in our Administrative Law section.… Read the rest

Outdoor Events (Planning)

Regulation of Outdoor Events The use of venues for large events on an occasional basis had been thought possibly to require planning permission, Ultimately the Supreme Court held that fleeting changes of use such as one or two day concerts on an occasional basis, would not necessarily represent a material change of use, so as to require planning permission.… Read the rest

Indoor Events

Licensing of events. Prior to the Planning and Development Act, 2000, the question of whether an indoor or outdoor location could be used to hold an event, turned on general planning laws. Planning permission might be granted for the use of a venue as such. … Read the rest

Public Authority Development