The Environment and Planning Group at Arthur Cox comprises four lawyers working exclusively within this area in Dublin, together with specialist input in Belfast, making it the largest practice dedicated exclusively to environment and planning law in the island of Ireland. The Group serves the needs of the firm’s blue chip industrial and manufacturing client base, including the pharmachem, public infrastructure, utilities and waste management sectors from the commencement of an issue or project, including dispute resolution and commercial litigation where necessary until its completion.
The Group is headed by the highly experienced and respected partner, Deborah Spence, and continues to benefit from the unrivalled expertise of Dr. Yvonne Scannell, the acknowledged leading authority in Ireland in this field. Yvonne is the author of the seminal updated text “Environmental and Land Use Law” which was published by Thomson Roundhall in December 2005.
The Group prides itself on staying ahead of the rapid developments within environment and planning law, advising on emerging issues relevant to, for example:
- The delivery of private as well as public strategic infrastructure development
- Waste to energy, biomass and conventional energy production
- Greenhouse gas emissions trading
- Building energy performance
- Producer responsibility initiatives for waste electrical and electronic equipment (“WEEE”), end-of-life vehicles (“ELVs”) and restrictions on the incorporation of hazardous substances in certain products (“RoHS”).
- Representing Landsdowne Road Stadium Development Company Limited - a joint venture between the Irish Rugby Football Union and the Football Association of Ireland - in litigation challenging the proposed redevelopment of the stadium,including the commercial court.
- Representing the Dublin Airport Authority at the planning and hearing into the €600 million proposed second Terminal at Dublin Airport that will be capable of holding 15 million passengers per annum.
- Providing strategic advice and legal representation to Indaver Ireland in the first public oral hearings held by the Environmental Protection Agency into waste-to-energy projects proposed for Counties Cork and Meath.
- Continuing to represent Indaver Ireland in related third party litigation in connection with these projects. These are the only such incineration projects to have received planning permission and waste licences in Ireland.
- Advising Dong Energy Generation A/S, in its successful bid for the Dublin waste-to-energy facility, including on environmental licence impact assessment and the applications for planning approval and environmental approvals for the largest such facility proposed in Ireland.
- Representing the largest private waste infrastructure provider in Ireland, Greenstar, in developing an integrated waste management infrastructure including defending legal challenges in the Commercial Court to the approvals for engineered residual waste landfill facilities in Counties Galway, Kildare, Meath and Wicklow.
- Acting for Glancré Teoranta in legal proceedings before the Commercial Court to challenge a decision refusing it planning permission for a waste recovery facility in County Mayo.
- Advising the sole provider of light railway in Ireland, the Railway Procurement Agency (“RPA”), representing it at public hearings to secure regulatory approval for extensions to existing LUAS Line B to Cherrywood and to O’Connell Street and to LUAS Line C through the IFSC and to Citywest, and advising and representing the RPA in Judicial Review proceedings arising therefrom.
- Acting for various interests, including state authorities, private developers, financiers and third party objectors, on large road construction developments including, for example, the M1/N1 Dundalk Western Bypass, the N25 Waterford Bypass, the M50 Motorway Upgrade, the M3 Motorway, the N18 Ennis Bypass and the N2 realignment.
- Representing Park Developments in successfully defending third party High COurt challenge to permission for second phase of the Mart St. Annes development of Milltown.
- Advising Dublin Port Company in successfully obtaining regulatory approval and related compulsory acquisition orders for the proposed road network to interface with the Dublin Port Tunnel.
- Advising and acting for Bioverda in its application for a biomass waste to energy facility in County Cork, including representing Bioverda at the oral hearing held by An Bord Pleanála into the proposed development.
- Acting as external legal consultant to the leading engineering consultancies, RPS Group Ireland and Nicholas O’Dwyer Consulting Engineers, providing advices on securing regulatory approval for major public water supply infrastructure in each of Counties Cork, Donegal, Dublin, Galway, Kildare and Offaly.
- Acting for Kildare County Council in successfully defending third party litigation over proposals to abstract a public water supply from the river Barrow and advices to Dublin City Council on proposals to secure new sources for drinking water supply to the Greater Dublin Region that include proposals for the abstraction of water from the river Shannon and transporting this across through multiple local authorities along the breadth of the Country.
- Advising jointly with the RPS Group the EPA’s Office of Environmental Enforcement on the enforcement powers available to public authorities and on the legal basis for liabilities risk assessment, residuals management planning and financial provisions underwriting these risks.
- Advising and acting for REPAK, the only Government approved waste packaging compliance body in Ireland.
- Advising and acting for WEEE Register, the only Government approved waste electrical and electronic equipment regulation body in Ireland.
- Acting for Viridian Group in connection with all planning and environmental issues arising from the development of Phase 2 the Huntstown Power Project, Phase 1 of which was the first major independent power plant in Ireland to be financed and commissioned.
- Acting for the Chief State Solicitor’s Office and the Department of Communications, Marine and Natural Resources in connection with the planning and environmental aspects of the development of the Corrib Natural Gas Field.
- Acting for vendors, purchasers and financiers in connection with issues arising from acquisition and refinancing of several industrial undertakings and utilities, including due diligence and negotiation of agreements relating to, for example, the retail businesses of Irish Shell, Statoil Ireland and the Electricity Supply Board, the Irish mining and mineral exploration company operating the Galmoy Zinc Mine, the Tynagh Energy power generation station and the veterinary and pharmaceutical manufacturer Pinewood Laboratories.
- Advising developers, vendors, purchasers and financiers, in connection with contaminated land issues in relation to, for example, the redevelopment of the former Dublin Gas Works at Sir John Rogerson’s Quay within the Grand Canal Dock, the Tynagh Mine, and the former Arklow IFI site.
- Advising developers and financiers in relation to the development of large retail and hotel projects including, for example, the White Water Shopping Centre, the Kildare Village Tourist Outlet, the Killing Hollow Hotel in Powerscourt, the Ballybrit and Ballybunion Hotels.
- Acting for major players in the emerging greenhouse gas emissions trading scheme, including advising on regulatory compliance issues and the preparation of climate change strategies for cement production, power generation, pharmaceutical and food processing plants.
- Advising the Friends of St Colman’s Cathedral in relation to planning issues arising from the proposed re-ordering of St. Colman’s Cathedral in Cobh, including representing the Friends at the An Bord Pleanála oral hearing and successfully securing a decision from the Board overturning Cork County Council’s decision to permit the works.
- Acting for private objectors in successfully preventing the development of a number of major projects, including the development of a proposed composting facility in Louth and first proposals for the redevelopment of Athlone town centre.
- Advising Atlas Oil – now part of the Enva Group - on its unique position nationally in recycling used oil, and assisting in its submissions to the Regulator.
- Acting for and advising Wyeth Medica Ireland, international pharmaceutical company, in defending its position in connection with litigation relating to waste management activities and transfrontier shipment issues.
The Practice
Arthur Cox is one of Ireland’s largest law firms with a leading Environmental practice.
In Belfast, the Environmental and Planning Group is headed by the highly experienced and respected partner, Claire Duffy with significant further expertise brought by our consultant Professor Sharon Turner, an acknowledged leading authority who has written numerous articles and journals and the only textbook on environmental law in Northern Ireland.
The team publishes regular client briefings and regularly contributes to local business publications. Claire Duffy tutors at the Institute of Professional Legal Studies on Judicial Review and lectures the MSC environmental engineers on Environmental Law.
Expertise
Our expertise in Environment & Planning includes:
- Planning and Environmental Due Diligence;
- Appeal and Enforcement Work;
- Advising on permissions, licences and consents for waste, water and energy projects;
- IPPC Work;
- Contaminated land and Environmental Impact Assessments;
- Waste, Water and Energy Infrastructure Project work
Experience
Recent Work Highlights include:
- Ongoing legal advice on planning and environmental issues to arc21 on waste infrastructure project for proposed EFW and MBT facilities;
- Advising on planning and environmental aspects of SWaMP 2008 waste infrastructure project;
- Planning appeal and enforcement advice in respect of residential development;
- Obtaining closure of landfill site and IPPC permission;
- Advising on contaminated land issues for PPP project.
People
Claire Duffy
Prof Sharon Turner