Environmental and Planning Disputes

• Planning appeals and judicial reviews
• Planning injunctions
• Planning and CPO Oral Hearings
• Environmental litigation and enforcement
• Contaminated land and pollution liability disputes
• Waste, water, and air quality disputes
• ESG and climate-related regulatory compliance
• Crisis response and reputational risk mitigation

Ryanair |  Acting for Ryanair in a Judicial Review challenge to proposed €200m tunnel at Dublin Airport which ultimately concluded before the Supreme Court. The main issue ultimately related to the extent to which a decision granting planning in breach of a Local Area Plan could be permitted.

AAI Baneshane |  Acting for AAI Baneshane Holdings in Judicial Review proceedings against ABP relating to grant of permission for 191 apartments on Mulhuddart, Co Dublin. RDJ is acting for a property developer in two related planning Judicial Reviews against regarding the construction of a proposed four block, high density, residential housing development comprising in total 190 apartments and site works in Dublin 15. The Applicant, AAI Baneshane  Limited is seeking orders quashing the decision of the First Respondent, An Bord Pleanala, refusing planning permission and seeking an Order remitting the planning application.  The Orders are sought in circumstances where the applicant alleges that An Bord Pleanala has misinterpreted the relevant density and transportation obligations that should pertain to the development at issue.

Reside | Acted for Reside in a judicial Review (JR) challenge taken against SHD housing development in Special Infrastructure JR list by serial challenger, Peter Sweetman – which case concerned key issues regarding who can have standing to bring such JR challenges and more generally in relation to the adequacy of legislation protection Molluscs in Irish waterways. Leave to judicially review obtained by Mr. Sweetman in July 2022 and was case managed by Mr. Justice Humphries in special infrastructure JR list. A novel settlement was reached and the case struck out ultimately in Jan 2024.

Defence of Statutory Prosecutions | Act for various companies in the defence of criminal prosecutions taken by statutory bodies or local councils for breaches of environmental legislation for example:

• Acted for a beverage company in a prosecution taken by Inland Fisheries Ireland for a discharge into a local river;
• Acted for an international engineering firm in the successful defence of a prosecution taken by Inland Fisheries Ireland arising out of a fish kill during the Bandon River Flood Relief Scheme;
• Acted for a large contractor in a prosecution taken by a local County Council for breach of Waste Management Acts.

Atlantic Shellfish | Successfully mediated a significant claim taken by Atlantic Shellfish against the polluters of its Oyster Fishery in Cork Harbour resulting in its closure. The claim arose following Cork County Council’s relocation of a sewage outfall discharge point for the town of Midleton placing it 1km from Atlantic Shellfish’s oyster beds (previously located 4.5km away). As a significant player in its market, Atlantic Shellfish operated the largest artificial breeding complex for “Gigas” oysters in the world from its fishery in the north channel of Cork Harbour. Following the relocation of the sewage discharge point, 1000s of people became very ill following the consumption of oysters contaminated with faecal coliforms.   As a result of the various public bodies’ failure to designate receiving waters pursuant to a number of EU Directives, Atlantic Shellfish was closed down by the Food Safety Authority of Ireland such was the risk to human health.  In 2018, RDJ secured a very significant multi million euro settlement on behalf of Atlantic Shellfish. This case highlights to scope of RDJ’s team to manage significant litigation involving the application of European law to Irish litigation with numerous public body Defendants resulting in a significant multi-million euro win for our client.

Dublin City University | Acted for Dublin City University in two separate Judicial Review challenges to the designation by An Bord Pleanala of two plots of land adjacent to their campus as being susceptible to liability for the Residential Zoned land Tax.  Cases compromised on good commercial terms.

Trinity College Dublin | Advised on the planning and environmental issues relating to the proposed MetroLink project part of which will be located under the Trinity campus. Worked closely with the various technical advisors and counsel and advised on the planning process, environmental impact assessment issues and the regulatory process. Transport Infrastructure Ireland submitted the Railway Order application to An Bord Pleanala in September 2022. We advised on the submission to An Bord Pleanala by Trinity which was made in December 2022. The oral hearing by An Bord Pleanala commenced in February 2024 and further information was submitted to An Bord Pleanala after the oral hearing arising out of issues arising at the oral hearing.