Planning and Environment Court of the High Court

A draft Rule of the Superior Court for the Planning and Environment List has been prepared and was open for observations by any interested parties from 25 July to 13 September.

Any observations should be sent to alisapasanen@courts.ie and environment@courts.ie. 

The deadline for observations was 13 September 2024 but any requests to make late comments or any comments that have not received an acknowledgement from Ms Pasanen should be sent (or re-sent) to the above emails. 

High Court Practice Direction 126 sets out the current procedural directions for the List.

The List was established by the President of the High Court Mr Justice David Barniville by the previous Practice Direction HC124 on the 5 of December 2023 which gave effect to the creation of the Planning & Environment List. The ceremonial launch of the Planning and Environment List took place on the 11 of December 2023 and High Court Practice Direction 119 was revoked as of that date.

The purpose of the List is to provide as efficient a processing as is consistent with justice of such planning and environmental cases, and related cases as specified above, as are assigned or admitted to the Planning and Environment List.

The specific goals of the List include:

1. to provide a specialised mechanism to process cases across a comprehensive definition of the planning and environment field, broadly defined, compliant with the Aarhus Convention, the EU law right to an effective remedy and other applicable domestic, European and international standards;
2. to provide effective and paperless access to justice for cases within the List and to provide their efficient, fair and equitable disposition;
3. to the extent requested by any party, to provide such certainty as can be achieved as to costs rules prior to the incurring of inter partes costs in the proceedings;
4. to maximise use of resources and minimise costs through case management, in order to minimise the need for or incidence of multiple interlocutory or interim applications and adjourned substantive hearings, and to take any other steps so that matters proceed expeditiously to hearing and, when at hearing, are expeditiously determined;
5. so far as resources permit, to provide hearing dates to all cases eligible for a List to Fix Dates (LFD) for a particular term, within the term to which the LFD relates, and to provide more immediate hearing dates for expedited matters;
6. to promote the general objective that issues as to the validity or ECHR-compatibility of laws or measures of general application are dealt with only if other domestic or EU law points are not determinative, such objective to be given effect to inter alia by modularisation save in exceptional circumstances unless the parties otherwise agree, or where the expedited procedure applies, but where modularisation is not directed, the validity or ECHR-compatibility of measures of general application will not generally be determined by the court in any event unless the applicant is unsuccessful on other grounds; and
7. to balance the demands on the judges assigned to the List so that the court can deliver judgments in a timely manner, and, insofar as possible, within a 2 month period of term-time from the date on which judgment is reserved.

The List encompasses the following categories of cases:

1. The following that will be automatically entered without the necessity for application by any party (in such cases the party bringing the proceedings should entitle the proceedings as set out in paragraph 4; such cases will be administratively entered subject to the possibility of an application by any other party under paragraph 5):
    
   1. proceedings related to decisions or other acts and omissions involving any of the following EU legislation or any legislation amending or replacing them (or any EU legislation which was replaced by the following), including proceedings related to the adequacy of transposition of such EU legislation:

1. the Urban Waste Water Treatment Directive, 91/271/EEC; 
2. the Nitrates Directive, 91/676/EEC;
3. the Habitats Directive, 92/43/EEC;
4. the Aarhus Convention 1998 as an element of EU law;
5. the Water Framework Directive, 2000/60/EC;
6. the SEA Directive, 2001/42/EC;
7. the National Emissions Ceiling Directive, 2016/2284;
8. the Environmental Noise Directive, 2002/49/EC;
9. the Directive on access to information on the environment (AIE), 2003/4/EC;
10. the Environmental Liability Directive, 2004/35/EC;
11. the Bathing Water Directive, 2006/7/EC;
12. the Groundwater Directive, 2006/118/EC;
13. the Clean Air For Europe Directive, 2008/50/EC;
14. the Marine Strategy Framework Directive, 2008/56/EC;
15. the Waste Framework Directive, 2008/98/EC;
16. the Birds Directive, 2009/147/EC;
17. the Industrial Emissions Directive, 2010/75/EU;
18. the Environmental Impact Assessment (EIA) Directive, 2011/92/EU as amended by 2014/52/EU;
19. the Maritime Spatial Planning Directive, 2014/89/EU;
20. the Drinking Water Directive, (EU) 2020/2184;
21. any other EU directive, regulation or other instrument relating to land use, the marine environment, environmental aspects of agriculture and fisheries, water, species, habitats, climate, air, atmosphere, soil,  landscape, genetically modified organisms, archaeological, historic and cultural heritage or any other aspect of or otherwise relating to the environment; or

2. proceedings related to decisions or other acts and omissions under any of the following legislation or any legislation amending or replacing them (or any legislation which was replaced by the following), including challenges to the validity of such legislation or the adequacy of transposition of EU law therein:

1. the Local Government (Water Pollution) Act 1977;
2. the Environmental Protection Agency Act 1992;
3. the Roads Act 1993;
4. the Waste Management Act 1996;
5. the Planning and Development Act 2000;
6. the European Communities (Access to Information on the Environment) Regulations 2007 (S.I. No. 133 of 2007);
7. the European Communities (Birds and Natural Habitats) Regulations 2011;
8. the Forestry Act 2014;
9. the Climate Action and Low Carbon Development Act 2015;
10. the Minerals Development Act 2017;
11. the Maritime Area Planning Act 2021;
12. statutory provisions referred to in section 4(4) of the Environment (Miscellaneous Provisions) Act 2011 or any other legislation providing for the grant of development consent or environmental licensing, including non exhaustively or legislation providing procedures for consent for infrastructure projects;
13. legislation regarding air pollution, dumping at sea, environmental aspects of fisheries, gas, national oil reserves, petroleum, sea pollution or wildlife;
14. any other legislation relating to land use, the marine environment, environmental aspects of agriculture and fisheries, water, species, habitats, climate, air, atmosphere, soil,  landscape, genetically modified organisms, archaeological, historic and cultural heritage or any other aspect of or otherwise relating to the environment; or
15. any other legislation giving effect to the directives referred to above or to international legal instruments relating to fields covered by the foregoing;

3. the following matters:
   1. satellite litigation as defined below; and
   2. the determination of questions as to whether any given proceedings constitute satellite litigation;

2. The following cases which may be entered on application to the court, noting that assessment of the case for the purpose of admission will relate to the subject-matter of the dispute and not the specific issues raised:
    
   1. any case not falling within sub-paragraph (a) or (b) that in the opinion of the court is of a planning or environmental nature or has planning or environmental aspects that would render it appropriate for admission to the List (including, non-exhaustively, cases related to climate, air, water, wastewater, renewable and non-renewable energy, minerals or other natural resource protection, flora or fauna, forestry, fisheries/ aquaculture, or the maritime environment or international agreements of an environmental nature or with environmental characteristics or implications); and
   2. any dispute regarding an element of a project that is linked to or consequential on a decision to which proceedings in the List relate, such as compulsory acquisition orders or wayleave notices related to a development consent impugned in the proceedings.

3. Paragraphs (a), (b) and (c) respectively shall be deemed to include matters substantively appealed from the Circuit Court or applications to the High Court by way of appeal from a refusal of the Circuit Court to transfer the case to the High Court.

The default mode of hearing (subject to consideration of any application to the contrary) for listings in Monday lists, directions, case management or procedural matters is remote, and for cross-examination or other oral evidence is physical. 

Subject to consideration of any applications or submissions by the parties and to the principle of doing justice in public, and all other relevant circumstances, the court will determine the mode of hearing in any individual case not covered by the foregoing.  Subject to consideration of any applications or submissions by the parties and to the principle of doing justice in public, and all other relevant circumstances, the court will determine the mode of hearing in any individual matter not covered by the foregoing.

The public are welcome to attend remote court subject to standard conditions such as keeping audio and video turned off.  Any person requesting access to a remote hearing otherwise than via a link supplied to parties and legal representatives is welcome to contact the List Registrar via environment@courts.ie.

Requirements of the List

Legal practitioners and persons taking legal proceedings encompassed by the Planning and Environment List are directed to review the requirements of the list as set forth in Practice Direction 126.

Guidance Notes

From time to time the Judge in charge of the List may issue guidance notes or bulletins with content relevant to the operation of the list. These notices will be published on this webpage.  Existing Guidance Notes are set out at the end of the Practice Direction.

Circulation List

A circulation list for notices relevant to the list is maintained by the List Registrar. If you wish to be added to this circulation list then please contact environment@courts.ie.