Judicial Enforcement: Planning Injunction Overview

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.

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.