EU
European Parliament adopts recommendations for the European Water Resilience Strategy
The European Water Resilience Strategy will develop a cross-sectoral plan for water and aquatic ecosystems with milestones in 2030 or 2040. The aim is to ensure that water sources are properly managed and scarcity is addressed, strengthening competitiveness and innovation in the water industry and adopting a circular economy approach.
MEPs want the Commission to propose sectoral targets for water efficiency and water abstraction based on risk assessments. There is also a call to reduce water pollution from a variety of sources (including pharmaceuticals and fertilisers) and to phase out PFAS, also known as "forever chemicals". Parliament has called for climate adaptation to be integrated into sectoral plans and policy measures affecting water and land use. The Commission is expected to adopt the European Water Resilience Strategy before the summer.
European Council approves position on amending the Gas Storage Regulation
The Gas Storage Regulation (2022/1032) was adopted in June 2022 and applies until the end of 2025. Under a new proposal, the obligation on member states to have their gas storage facilities 90% full before the winter season will be extended by two years. However, the Council has proposed amending the annual deadline to reach the 90% target to any time between 1 October and 1 December, instead of 1 November. Deviations from the 90% target would also be permitted under certain circumstances under the Council's proposal. Although Ireland does not have any domestic gas storage facilities, it is obliged to store a percentage of its annual gas consumption in stocks located in other Member States under the Regulation.
Talks will now begin with the European Parliament to finalise the law.
European Commission opens infringement procedure against Ireland for failing to correctly transpose the Landfill Directive
The Commission has sent a letter of formal notice to Ireland in respect of its transposition of the Landfill Directive. It says Ireland has failed to correctly transpose requirements related to the construction, operation and aftercare phases of landfill sites. Further, it says Ireland has also failed to correctly transpose requirements in respect of the assessment of waste brought to landfills and the temporary storage of metallic mercury waste. Ireland has two months to respond to the formal notice, at which point the Commission may issue a reasoned opinion.
DOMESTIC UPDATES
Revised National Planning Framework approved by Oireachtas
The National Planning Framework ("NPF") is the Government's strategic plan for the development of Ireland to 2040. It establishes a broad national plan in relation to the strategic planning and sustainable development of urban and rural areas. Under the Planning and Development Act 2000 (as amended), the Government is obliged to revise or replace the NPF every six years. This is the first revision to the framework.
Regional strategies and city and county development plans will be updated on the basis of the revised NPF. One notable development is the much-anticipated introduction of renewable electricity capacity allocations for the three regional assemblies (Northern and Western, Southern, Eastern and Midlands). Local authorities are now expected to plan for the delivery of these allocations through city and county development plans.
Work to begin on a national DMAP
The Minister for Climate, Environment and Energy has announced that work will commence on the preparation of a National Offshore Renewable Energy Designated Maritime Area Plan ("DMAP"). This single DMAP will identify suitable areas for offshore renewable energy development. Information is not yet available on how the plan is intended to be rolled out. To date, one DMAP has been made for the South Coast.
The Government publishes the Summer 2025 Legislation Programme
The programme identifies bills which are scheduled for priority publication and priority drafting, in addition to bills which are under development. Legislation for priority publication includes:
- Air Pollution (Amendment) Bill: to update the Air Pollution Act 1987 to support enhanced enforcement and the implementation of the Clean Air Strategy;
- Environment (Miscellaneous Provisions) Bill: to streamline decision-making by the EPA and shorten the period for final determinations of industrial emission, integrated pollution control and waste licences; and
- Marine Protected Areas Bill: to provide for the designation and management of Marine Protected Areas in the Irish maritime area.
Legislation for priority drafting includes:
- Heat (Networks and Miscellaneous Provisions) Bill: to establish a regulatory model for district heating;
- Strategic Gas Emergency Reserve (Amendment) Bill: to support a state-led strategic gas emergency reserve and amend the functions of Gas Networks Ireland; and
- Arterial Drainage (Amendment) Bill: to transfer the assessment and confirmation of flood relief schemes under the Arterial Drainage Act to an appropriate body.
DOMESTIC CASE LAW
High Court refers question on conservation objectives to the Court of Justice of the European Union ("CJEU")
This case relates to a challenge against An Bord Pleanála's (the national planning board) granting of permission for a 17-turbine wind farm. The Court applied the doctrine of harmless error, finding that although there were some errors in the planning process, the outcome of the decision was not materially affected. The claim for certiorari seeking to have the planning permission quashed was therefore dismissed.
However, the Court went on to refer a question on the Habitats Directive to the CJEU. In summary, the question is whether site-specific conservation objectives should be established prior to an appropriate assessment ("AA") screening. If the CJEU determines that an AA screening must be carried out by reference to site-specific conservation objectives, declaratory relief will be granted to the applicant, but the planning permission will not be quashed.
High Court dismisses a challenge against a decision of Roscommon County Council where the applicants failed to make a valid appeal to the Board
The High Court dismissed a challenge against Roscommon County Council's grant of retention permission for agricultural buildings, where the judicial review applicants' initial submission to An Bord Pleanála (the national planning board) was deemed invalid because the fee was not discharged. The cheque accompanying the application was returned because of insufficient funds due to an oversight by the applicants. The applicants argued that exceptional circumstances entitled them to challenge the local authority's decision by way of judicial review. However, the Court did not consider that the applicants established exceptional circumstances. Justice Bradley stressed the discretionary nature of judicial review and considered the requirement to exhaust alternative remedies (such as an appeal to An Bord Pleanála), well-established by case law. As a valid appeal would have afforded the applicants an effective remedy, the reliefs sought were refused.
High Court quashes permission for strategic housing development in contravention of Cork County Development Plan
The Board granted permission for a strategic housing development ("SHD") in Co. Cork, involving the demolition of existing buildings. The applicant argued that the grant materially contravened the Cork County Development Plan 2014-2020 and that the Board acted ultra vires by failing to consider whether the project's contravention of the development plan could be justified under the requirements of the Planning and Development Act 2000.
The Court considered the intention of the development plan was to protect structures and historic buildings not included in the Register of Protected Structures or the National Inventory of Architectural Heritage. The development plan stated that an assessment should be carried out to assess the heritage value of certain of these structures prior to development. By granting permission without requiring assessments and surveys of the historic buildings to be demolished before doing so, the Board materially contravened the plan without using the statutory material contravention procedure, which empowers it to grant planning permission notwithstanding a material contravention of a development plan. The Court held that "[i]mplicitly, the primary purpose of a survey of historic buildings can only be to guide whether development consent should be granted". Justice Humphreys quashed the grant of permission.
This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.
