EU
New PFAS restriction proposed under REACH
The European Chemicals Agency (ECHA) published an update to its universal PFAS restriction proposal, which is intended to restrict per- and polyfluoroalkyl substances (PFAS) under REACH. REACH is the EU's chemicals regulation. Separately, talks facilitated by the UN to develop a treaty to end plastic pollution collapsed in mid-August, and will be resumed at a later date.
The ECHA's initial proposal was a broad ban with time-limited derogations for certain uses, such as medical manufacturing. Under the revised proposal, the continued use of PFAS may be permitted for certain activities, where it is considered that risks can be controlled. This option has been assessed in several areas, including electronics and semiconductors, energy and machinery applications. The European Commission will ultimately determine the scale and form of the restriction.
DOMESTIC DEVELOPMENTS
Renewable Energy Regulations partially transpose RED III
As referenced in our energy section, the European Union (Planning and Development) (Renewable Energy) Regulations 2025 transpose the Renewable Energy Directive ("RED III") in part. The Regulations prescribe a new form of site notice to be used for all planning applications and provide for faster consenting processes for developments which are covered by the provisions of RED III. This comprises a broad range of renewable energy developments, including wind, solar, geothermal energy, hydropower and biogas. A new completeness check must now be carried out by the competent authority before an application for a RED III development is accepted for consideration.
With the exception of provisions related to scoping opinions on environmental impact assessments for renewable energy development applications, the Regulations are now in force. Amendments have been made to the Planning and Development Act and Planning and Development Regulations 2001 only.
For further information, our briefing is available: Renewable Energy: Update on Permit-granting Procedures in Ireland.
Revised commencement schedule for the Planning and Development Act 2024 and details of commencements to date are published
The Department of Housing has published a revised timetable for the commencement of the Planning and Development Act 2024. The schedule is available here, and should be read in conjunction with the implementation plan published in March of this year (here). Although dates have not been provided, the schedule sets out the order in which various provisions are expected to be commenced.
Bill to streamline environmental licence consenting processes is published
The Environment (Miscellaneous Provisions) Bill 2025 has passed the first stage at Dáil Éireann. The Bill will streamline the licencing regime for Industrial Emissions, Integrated Pollution Control and Waste licences. It will also shorten the decision-making timelines for licence reviews and allow for partial reviews of licences where the change is not substantial.
EU JUDGMENTS
CJEU considers concept of "deliberateness" under the Birds Directive
The CJEU clarified the definition of deliberateness under the Birds Directive in its decision in OÜ Voore Mets (C-784/23). Article 5 of the Birds Directive prohibits deliberate acts which cause specified harm to birds, including capture, killing or disturbance, and the destruction of nests or eggs. The Court confirmed that Article 5 applies to all species of naturally occurring birds in the wild, not just protected species or species with an unfavourable conservation status.
DOMESTIC JUDGMENTS
High Court dismisses challenge against public open use zoning under Dún Laoghaire-Rathdown County Council's Development Plan
This case concerned a judicial review taken by a developer against Dún Laoghaire-Rathdown County Council's 2022 Development Plan ("DLRCC" and the "Development Plan"). The applicant owned a site that had been zoned for residential use but which was rezoned to public open space use under the Development Plan. The applicant sought an order quashing DLRCC's decision. The Court noted that the lands consist of open space at present but have never functioned as public open space.
The applicant argued that DLRCC failed to have regard to considerations of proper planning and sustainable development. An application for a strategic housing development ("SHD") on the lands was granted in June 2021, before the Development Plan took effect. Development plans cannot deprive landowners of the benefit of a permission already granted. However, the SHD permission is the subject of a judicial review at present. If the decision is remitted to the Commission, it will fall to be considered under the Development Plan, which zones the land as public open space. Although, under the SHD regime, the Commission is bound by zoning, the Court considered that it was open to the developer to apply for a new permission under the ordinary planning or large-scale residential regimes, where material contravention of a development plan is permitted. The Court considered that the impugned zoning decision is supported by a clearly expressed, plausible reason. The applicant's argument that DLRCC failed to have regard to proper planning and sustainable development failed.
The Court emphasised that local autonomy in the preparation of a development plan is presumed, specifically in determining zoning objectives. The power to make a development plan is reserved for members of planning authorities, who are elected representatives. Furthermore, in making zoning decisions, members may need to choose between the competing views of stakeholders and between competing potential beneficial uses of land. The proceedings were dismissed.
High Court quashes grant of permission for wind farm on public notice grounds
This case concerned a challenge against the grant of permission for a 13-turbine wind farm in Westmeath. The public notification requirements for environmental impact assessment ("EIA") were central to the decision. The developer did not apply for permission for a grid connection as part of the wind farm application, intending to make a separate application for this element later. The EIA report and Natura impact statement that accompanied the application for the wind farm provided details of the grid connection and its intended route. The Board assessed the wind farm application, including the grid connection, noting that it was required to do so. This follows the decision in O'Grianna v An Bord Pleanála, which set out that an EIA of a wind farm must extend to the integrated project of the wind farm, ancillary works and the grid connection.
The public notices did not include reference to the grid connection or its location. The applicant claimed that this failed to meet the requirement of the EIA Directive to give public notice of the EIA of the whole integrated project.
The Court determined that the assessment process includes giving notice to the public and was of the view that the notice was invalid in EIA terms and, therefore, the Board could not have granted 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.
