Judicial Enforcement: Planning Injunction Overview
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Questions and Answers

What does S.351(7) state regarding costs in Aarhus cases?

  • The court may waive costs if the losing party shows financial hardship.
  • The court will order the person subject to a s.351 order to pay costs unless there are substantial reasons not to. (correct)
  • The court can order the losing party to pay the winning party’s costs without exception.
  • The court automatically orders the winning party to pay the losing party's costs.

    • Under the new legal costs framework for Aarhus cases, which statement is true regarding the costs parties may incur?

  • The costs determined will exceed the scale of fees set by law.
  • Eligible losing Aarhus litigants may receive contributions from the Legal Costs Financial Mechanism. (correct)
  • Winning litigants can recover unlimited costs from the respondent.
  • Each party must pay the opposite party's costs regardless of the outcome.

    • What is a significant concern regarding the new scale of fees in Aarhus cases?

  • The low level of fees may hinder access to legal representation. (correct)
  • It will allow for full recovery of all legal costs incurred.
  • It is expected to be high and limit attorney representation options.
  • Aarhus cases will only be handled in federal courts.

    • What does the provision under Section 356 allow the Minister to do?

    <p>Designate planning authorities as regional enforcement authorities.</p> Signup and view all the answers

    In what way can successful Aarhus litigants recover their costs?

    <p>From the respondent up to a defined scale of fees.</p> Signup and view all the answers

    What is the consequence of failing to comply with a s. 351 planning injunction?

    <p>Committal for contempt of court and/or sequestration of assets</p> Signup and view all the answers

    In which case was the conduct of the applicant funded by a competitor?

    <p>O’Connor v.Frank Hetherington</p> Signup and view all the answers

    What is the general rule regarding costs in judicial proceedings?

    <p>Costs usually follow the event unless exceptional circumstances arise</p> Signup and view all the answers

    What does the special costs rule under the Environment (Miscellaneous Provisions) Act 2011 provide?

    <p>Each party pays its own costs unless the applicant succeeds</p> Signup and view all the answers

    Which article of the Aarhus Convention imposes an obligation not to have prohibitively expensive legal costs?

    <p>Article 9(4)</p> Signup and view all the answers

    Which case involved a public interest issue relating to employee welfare?

    <p>Stafford v.Roadstone</p> Signup and view all the answers

    What is the critical time limit for applying for a s. 351 planning injunction?

    <p>7 years</p> Signup and view all the answers

    Does an application for a s. 351 planning injunction prevent enforcement action under Part 11?

    <p>No, it does not preclude EA enforcement action under Part 11</p> Signup and view all the answers

    Who has standing to apply for a planning injunction under section 351 of the PDA 2024?

    <p>Any individual or the PA regardless of interest</p> Signup and view all the answers

    What may a planning injunction order an individual to do?

    <p>Carry out restoration or alteration of structures</p> Signup and view all the answers

    What is a unique feature of the burden of proof in planning injunction cases as per section 351?

    <p>The respondent must prove existence of planning permission or exemption</p> Signup and view all the answers

    Under what circumstances may the court grant a stay or adjournment of a planning application?

    <p>If special circumstances are demonstrated</p> Signup and view all the answers

    What was highlighted as important for the discretion of the court in granting a section 351 injunction?

    <p>The exceptional circumstances justifying the relief</p> Signup and view all the answers

    Which case suggests that the court may consider the triviality of the breach in planning injunction decisions?

    <p>O’Connell v. Dungarvan Energy</p> Signup and view all the answers

    What is the consequence of a breach of EU regulations in planning injunction cases?

    <p>The discretion of the court becomes more limited</p> Signup and view all the answers

    In which of the following situations can an application for a planning injunction not be refused?

    <p>If planning permission is granted during ongoing proceedings</p> Signup and view all the answers

    Study Notes

    Judicial Enforcement - Planning Injunction

    • Section 351 Planning Injunction (PDA 2024): A planning injunction can require unauthorised development to cease, land to be restored to its prior condition, and that any development aligns with existing planning permission.

    • Standing: The planning authority (PA), or any other person, can apply for a court injunction, even if they aren't directly affected. Co-applicants can also be joined in the proceeding.

    • Interim/Interlocutory Relief: Courts can grant temporary injunctions (prohibitive or mandatory) to halt or direct specific work in planning disputes, such as construction, restoration or demolition. This type of order can be given against specific individuals, not just the company.

    • Special Circumstances and Stays: Court can grant a stay or adjournment in certain circumstances to prevent undue delays in pursuing a planning injunction. These circumstances would include a new planning application, or changes in conditions.

    • Omission of Reverse Onus of Proof: This provision can apply, reversing the burden of proof, requiring the respondent to show that the development was exempt or that proper permission was granted. The burden is typically on the appellant.

    • Discretion and Exceptional Circumstances: Courts have broad discretion in granting planning injunctions, though the Supreme Court suggests these should be in 'exceptional circumstances'. This discretion is more limited in cases involving EU law breaches.

    • Factors Considered by the Court: Courts can consider technical aspects of the breach, the impact on the applicant, the hardship to the developer, and public interest issues in determining whether to grant an injunction. Relevant cases and instances should be cited.

    • Planning Permission and Enforcement Notice: Development required by an enforcement notice or order (under section 351(7))) does not require planning permission.

    Costs of Injunctions

    • General Principles: Courts generally award costs to the prevailing party, and the losing party pays court costs, unless exceptional circumstances justify an exception. Some related conventions and legislation are mentioned.

    • Special Costs Rule: Costs of planning injunction proceedings are handled under a specific special costs rule of legislation that has certain conditions and limitations. Instances of this rule are presented.

    • Aarhus Convention and Costs: There is an obligation under the Aarhus Convention, in certain contexts, for costs to not be prohibitively expensive; an obligation to implement this into Irish planning legislation is described. This, in relation to specific cases, is cited.

    Enforcement Authority Designation

    • Regional Enforcement Authorities: The Minister designates specific planning authorities as regional enforcement authorities for designated development classes, considering the scale, nature, and impact on the surrounding areas.

    • Designated Regional Enforcement Areas and Categories: These designations aim to effectively handle development that has large scale, complex, and substantial impacts. Relevant legislation sections relate to this.

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    Related Documents

    Judicial Enforcement - Planning Injunction - PDA 2024 PDF

    Description

    This quiz explores the essential elements of planning injunctions as outlined in Section 351 of the PDA 2024. Participants will learn about standing, interim relief, and the special circumstances under which courts may grant stays. Test your understanding of judicial enforcement in planning law with this comprehensive quiz.

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