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LW357 Environmental Law 1 Assignment Example NUI Galway Ireland

This course will teach you about the laws that regulate planning and development in Ireland. The Irish Planning Code, as well as issues related to statutory interpretation and public law, are examined. Topics that are covered in this course include the institutions of planning control; the application for planning permission; participation by objectors; the appeal process and judicial review of planning decisions; and compensation for refusal of development. By the end of this module, students will have an understanding of planning law and its central principles.

They’ll learn about some specific topics like constitutional restrictions on land use as well as developments in legislation including The Planning and Development (Strategic Infrastructure) Act 2006, the Planning, Development (Amendment) Act 2010, and the Environment (Miscellaneous Provisions) Act 2011.

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In this course, there are many types of assignments given to students like individual assignments, group-based assignments, reports, case studies, final year projects, skills demonstrations, learner records, and other solutions given by us.

On successful completion of the module, students should be able to:

Assignment Task 1: Well-versed in the sources of Irish planning law

Planning law is a basic regulatory framework that governs the pursuit, development, and management of land. In Ireland, certain types of housing developments are not permitted under planning law without the consent of the relevant council authorities. In addition to this, developers need to submit a Planning Application Form for each proposed development to the local council office every two years from the date of completion of on-site works. The application form requires information such as a site address and location plan drawn up by a qualified surveyor, details about vehicular access routes and parking facilities as well as information about any open space provision which may be included in the scheme.

The sources of Irish planning law are set out in the second schedule of the Planning and Development Act 2000 (as amended). In general, Irish planning law is a creature of statute, which means that it is mainly found in legislation passed by the Oireachtas. The main sources of Irish planning law are:

  • The Planning and Development Act 2000 (as amended, the “2000 Act”)
  • The Planning and Development Regulations 2001 (S.I. No. 426 of 2001, as amended, the “Regulations”)
  • The Planning and Development (Strategic Infrastructure) Act 2006 (the “2006 Act”)
  • The Planning, Development (Amendment) Act 2010 (the “2010 Act”)
  • The Environment (Miscellaneous Provisions) Act 2011 (the “2011 Act”).

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Assignment Task 2: Familiar with the Irish planning code

The Irish planning code is a collection of regulations that sets out the procedural rules which must be followed by developers, local authorities, and objectors in the planning process. It also guides the assessment of planning applications by local authorities. The code is contained in the third schedule of the 2000 Act (as amended) and came into effect on 1 July 2001.

The Irish planning code is a set of rules that planners and developers must follow when proposing or constructing developments. The code is set out in the third schedule of the 2000 Act and it was most recently amended by the 2010 Act. It contains general provisions such as how to make an application for planning permission and what information must be included in an application, as well as more specific provisions such as the height and size of a building that can be constructed in a particular area.

The Irish planning code is important because it sets out the rules which must be followed when proposing or constructing developments. If a developer fails to comply with the code, they may face prosecution and/or sanctions from the council.

In addition, members of the public can make a complaint to the council if they believe that development has been carried out in contravention of the code.

The Irish planning code is made up of two parts. The first part deals with the developer’s obligation to inform local authorities of major development proposals. It also sets out the duty of local authorities to promote sustainable development through their functions in relation, for example, to housing and planning permissions. The second part of the planning code deals with the decision-making process.

Local authority planning departments are responsible for ensuring that the planning code is complied with. If you want to make a complaint about how a local authority has handled a planning application, you can do so under the provisions of the 2000 Act (as amended).

Assignment Task 3: Familiar with the institutional framework of planning law

The institutional framework of planning law is the set of government departments and other bodies that are responsible for administering, developing, and enforcing Irish planning law.

The main institutions involved in Irish planning law are:

  • Department of Housing, Planning, and Local Government: The Department is responsible for policy development regarding housing and planning, as well as the coordination of the work of other government departments regarding planning.
  • Department of Environment, Community, and Local Government: The Department is responsible for the development and enforcement of environmental law in Ireland. It also has responsibility for local government and community affairs.
  • A Bord Pleanála: An Bord Pleanála is an independent body that is responsible for hearing appeals against decisions of local authorities about planning applications.
  • Local authorities: Local authorities are responsible for processing planning applications, taking enforcement action where necessary, and laying down the development plan for the area under their control.

The institutional framework of Irish planning law is important because it sets out who is responsible for what about planning law. If you have a problem with a development, you can go to the relevant government department or body to try and get it resolved.

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Assignment Task 4: Able to critically discuss the planning process

The Irish planning process is a system whereby applications for planning permission are made to local authorities, who then decide on whether or not to grant the permission. The planning process is the set of steps that must be followed to get planning permission for a development.

The main steps in the planning process are:

  1. Pre-application consultation: This is where the developer meets with the local authority to discuss their proposal and to see if it is likely to be granted planning permission. If the local authority does not have enough information to form an opinion, then it may request that the developer provides more information.
  2. Planning application: If the pre-application consultation proves successful, then the developer will submit a planning application to the local authority for consideration. The local authority must decide whether or not to grant permission within four months of the date that the application was submitted. If permission is refused, then the developer can appeal to An Bord Pleanála.
  3. Appeals: If permission for a development is refused by the local authority, or granted subject to conditions, the developer may appeal the decision to An Bord Pleanála under one of 16 different grounds set out in the Planning and Development Act 2000 (as amended). An Bord Pleanála’s decision is final.

The planning process can be quite complicated because it has many different stages. It is important to know what stage a particular development is at in the planning process to assess whether or not it will get permission, and if necessary, to appeal a decision.

In addition to this basic planning process, planning legislation also makes provision for a fast-track system of planning permission, known as Strategic Infrastructure Development (SID). SID is a system whereby the Minister for Housing, Planning, and Local Government can grant planning permission for certain types of development without having to go through the normal planning process.

Assignment Task 5: Capable of researching planning law issues

The planning process can be quite complicated. It is important to know what stage a particular development is at in the planning process to assess whether or not it will get permission, and if necessary, to appeal a decision. This type of legal research requires an understanding of where to find relevant information; for example, you may need to look on the website of the Department of Housing, Planning, and Local Government or An Bord Pleanála to find out about the specific rules that apply to a particular type of development.

In addition to this basic research, you may also need to carry out more detailed legal research to understand the relevant case law and legislation on a particular planning issue. This type of research can be done using legal databases such as Westlaw Ireland, which contains case law and statutory materials on Irish planning law.

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