Judicial review in planning and environmental matters
Introduction
Public decisions made by administrative bodies and the lower courts may be judicially reviewed by the High Court. In a judicial review the court is not concerned with the merits of the decision but rather with the lawfulness of the decision-making process, that is, how the decision was made and the fairness of it.
If the decision-maker does not have authority or does not give you fair procedure, you may bring judicial review proceedings in the High Court to challenge the decision. You must show that you have "sufficient interest" in the proceedings, that is, that you were affected in some way by the decision you are challenging. You must also show that you have an arguable case, that is, that your case has grounds.
The High Court will examine the decision and how it was reached. If the application for judicial review is successful, the High Court may then quash or cancel the decision.
Conventional and statutory review
Judicial Review is divided into two main categories:
- Conventional judicial review: Procedure governing conventional judicial review is to be found in Order 84 of the Rules of the Superior Courts. Information on the procedure is available in our document: Judicial review of public decisions.
- Statutory judicial review: Specialised statutory schemes of judicial review relating to specific areas of public decision-making which have been singled out by the Oireachtas as warranting specialised schemes because of the policy concerns involved.
Statutory judicial review schemes supplement Order 84 of the Rules of the Superior Courts with their own specific procedural rules. These statutory schemes narrow the availability of judicial review through such features as:
- Time limits for an application for leave to bring judicial review proceedings are shorter
- Requirements to notify the decision-maker of the leave application
- Higher thresholds applied by the High Court when considering whether to allow leave, for example, substantial grounds rather than an arguable case.
Procedures in planning and environmental matters
Waste Licensing
Decisions of the Environmental Protection Agency in relation to waste licensing under the Waste Management Act 1996 and the Waste Management (Licensing) Regulations 2004 (SI 395/2004) are subject to conventional judicial review in accordance with the provisions of Order 84 of the Rules of the Superior Courts.
Planning authorities
A specific statutory procedure applies to application for judicial review of decisions made by the planning authorities. Sections 50 and 50A of the Planning and Development Act 2000 (as amended by the Planning and Development (Strategic infrastructure) Act 2006) set out this procedure, which differs from that provided for in Order 84 of the Rules of the Superior Courts.
Integrated Pollution Prevention and Control licence applications
Applications for judicial review in respect of the Environmental Protection Agency in relation to Integrated Pollution Prevention and Control (IPPC) licence applications are regulated by statute. Section 87(10) of the Environmental Protection Act 1992 (as amended by the Protection of the Environment Act 2003 and Section 107(e) of the Water Services Act 2007), provides for judicial review or other legal proceedings to be initiated by any person, seeking to question the validity of a decision of the Agency to grant or refuse a licence or a revised licence, within a period of 8 weeks. This period may be extended, on application, by the High Court, where it considers that there is good and sufficient reason for doing so. There is no requirement on the person initiating these proceedings to demonstrate an interest or indicate a potential personal impact or having a sufficient interest.
How to apply
If you wish to begin judicial review proceedings, you may want to contact a solicitor who will in turn brief a barrister to draft the papers for the case. It is also possible for you to represent yourself if you wish to keep your legal costs down.
Costs
There is no fixed rate of charges for legal fees in Ireland so you should obtain some quotes before deciding on legal representation. Your solicitor must advise you in writing of the fees you will be charged for his/her services. If it is not possible to give you a definite sum, he/she must estimate a sum or at the very least describe the basis upon which charges or fees will be calculated.
In judicial review cases on decisions subject to the provisions of:
- Directive 85/337/EC on the assessment of the effects of certain public and private projects on the environment
- Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment
- Directive 2008/1/EC concerning integrated pollution prevention and control
each party to proceedings is only required to pay their own legal costs, except in certain circumstances. This is set out in Section 33 of the Planning and Development (Amendment) Act 2010 (pdf). However, the Court retains the discretion to award costs in cases concerning matters of exceptional public importance or where, in the opinion of the Court, it is appropriate to do so:
- Because the claim or counterclaim is frivolous or vexatious
- Because of the manner in which the party has conducted the proceedings
- Where the party is in contempt of court
Language
Related Documents
- Judicial Review of Public Decisions
Public decisions may be judicially reviewed by the High Court to determine whether they are illegal. Find out how to initiate judicial review proceedings. - European environmental law
Overview of Irish and EU legislation, policy and funding programmes for the protection of the environment. - Waste management
There are many different types of waste, for example, packaging waste and electronic waste. There is a range of Irish and EU legislation dealing with the disposal of different types of waste. Find out more.
Contact Us
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