Planning and Environmental Law Conference 2013

BOOK NOW – CERT AVAILABLE FOR CPD PURPOSES

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ANNUAL ROUND HALL PLANNING AND ENVIRONMENTAL LAW CONFERENCE 2013 SATURDAY 9 NOVEMBER 2013 (9.30 AM TO 3.30 PM) THE LAW LIBRARY DISTILLERY BUILDING, CHURCH STREET, DUBLIN 7 Chair: The Hon. Mr. Justice Colm Mac Eochaidh, The High Court

SPONSORED BY:

• Dermot Flanagan S.C. – Compulsory Purchase/Compensation/Case Law and the CPO (Extension of Time Limits) Act 2010 • Deborah Spence, Partner, Arthur Cox – Irish Water – Up and Running • Eamon Galligan S.C. – Recent Case Law on Judicial Review/Development Plans/Planning Permission/EIA • Tom Flynn B.L. – An Overview of Recent Developments in Environmental Law • Garrett Simons S.C. – Five Urgent Reforms to the Planning Legislation

ACCESS THE UP-TO–DATE PICTURE BY ATTENDING THIS CONFERENCE WHICH PROVIDES: • A clear round-up of new legislation that will have a considerable impact upon your work • An update on the latest case law • An overview of your responsibilities and obligations in light of changes to the law • An opportunity to clarify issues of specific interest to you • The chance to network with your peers

PROGRAMME

CONFERENCE PROGRAMME Saturday 9 November 2013 The Law Library Distillery Building, Church Street, Dublin 7 9.30 am – 10 am

Registration

10 am – 10.45 am

Compulsory Purchase/Compensation/ Case Law and the CPO (Extension of Time Limits) Act 2010 Dermot Flanagan S.C. • Compulsory Purchase: O’Brien v Bord na Mona revisited in contemporary times – Reid v Industrial Development Agency and Others • Assessment of Compensation – Special Purchaser versus Special Interest • Extension of Time Limits Act – practical difficulties • Case law update • CPO in other jurisdictions – progress?

10.45 am – 11.30 am

Irish Water – Up and Running Deborah Spence, Partner, Arthur Cox • • • •

BOOK YOUR PLACE TODAY by returning the order form overleaf

The System What is included What is not First steps in January 2014

11.30 am – 11.45 am

Questions & Answers Session

11.45 am to 12.00 pm

Break with refreshments: an opportunity to network with colleagues

12.00 pm – 12.45 pm

Recent Case Law on Judicial Review/ Development Plans/Planning Permission/ EIA Eamon Galligan S.C. Recent case law on judicial review to include discussion of: • Challenges to Development Plans and Local Area Plans

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Round Hall (www.roundhall.ie) is a leading provider of information to the legal and professional markets in Ireland. We offer detailed knowledge, understanding, interpretation and commentary across a wide range of subjects in a variety of formats to meet customers’ needs – books, journals, periodicals, looseleafs, CD-ROMs, conferences, and online services.

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ABOUT THE SPEAKERS

ABOUT THE SPEAKERS

Certificate available for CPD purposes on the day Approx 4 hours in session • Refusal of extension to duration of planning permission • Implementation of new EIA requirements Three thorny issues in relation to compulsory purchase and compensation: • Application of the Model Law to the determination of claims by the Property Arbitrator • Lands Clauses Consolidation Act, 1845, s68 and the defence of statutory authority • Identification of the scheme for the purposes of “No Scheme” rule (the Pointe Gourde Principle) 12.45 pm – 1.45 pm

1.45 pm – 2.30 pm

Hot Buffet Lunch

An Overview of Recent Developments in Environmental Law Tom Flynn B.L. • The new Climate Change Bill • Appropriate Assessment after CJEU decision in Sweetman • Waste Management – including new regulations • Developments in EIA including ECJ case law • Aarhus Developments including decision of CJEU in Edwards

2.30 pm – 3.15 pm

Five Urgent Reforms to the Planning Legislation Garrett Simons S.C. • • • • •

3.15 pm – 3.30 pm

Development contributions Appeals against enforcement notices Procedure to amend permissions Development Plans and core strategy Time-limits

Final Questions & Answers Session

ABOUT ARTHUR COX Arthur Cox is one of Ireland’s leading law firms. The Environment, Planning & Climate Change Group at Arthur Cox is the most experienced and extensive practice dedicated exclusively to environmental and planning law on the island of Ireland. The Group expertly serves the needs of a diverse client-base active in the delivery of strategic waste, energy, water, pharmachem, transport, food, agribusiness, manufacturing, construction, mining and quarrying infrastructure.

It is an integral part of the firm’s Litigation and Dispute Resolution Department.

For further information about the firm, please visit www.arthurcox.com

DERMOT FLANAGAN S.C. is a Senior Counsel who specialises in planning, environmental, and public infrastructure law. He has presented on behalf of public authorities a large number of public infrastructure consent projects before An Bord Pleanála since the board took over the jurisdiction under CPO/EIA. This includes major road projects such as the M50 CPO/EIA statutory procedures, the inter-urban motorway schemes, and other national road schemes. His work includes the CPO/EIA statutory procedures for landfill, waste water, marine, PPP projects and licensing before the EPA. His work also includes the assessment of compensation following “Notice to Treat” under the statutory compensation code before The Property Arbitrators under CPO. DEBORAH SPENCE, partner in Arthur Cox heads the Environment, Planning and Climate Change Group. She specialises in all aspects of waste management liability, water and waste water, renewables, corporate and personal regulatory compliance, contaminated sites, habitats, M & A environmental issues, permitting and licensing, environmental impact assessment, appropriate assessment, as well as regulatory challenges involving public authorities and private commercial interests, and in defending environmental and planning prosecutions. She is a former Chair and council member of the Irish Environmental Law Association, a member of the European Environmental Lawyers Joint Practice Group and a member of the Law Society Law Reform Committee on Environmental Law. EAMON GALLIGAN S.C. is a Senior Counsel specialising in planning and environmental law, compulsory purchase, local government and constitutional law. He is also a qualified Town Planner. He is the author of Irish Planning Law and Procedure (Roundhall/Sweet & Maxwell) and is the Editor of the Irish Planning and Environmental Law Journal. He is joint author (with Michael McGrath, barrister) of Compulsory Purchase and Compensation in Ireland: Law and Practice (Bloomsbury, to be published in October/November, 2013, which is the second edition of the leading text by McDermott and Woulfe.

TOM FLYNN B.L. is a practising barrister on the Dublin and Midland Circuits specialising in local government, planning and environmental law. He has written and lectured widely on the topics of planning and environmental law. His is author of Environmental and Planning Law due for publication in December 2012, assistant editor of the Irish Planning and Environmental Law Journal and a contributor to the Irish Planning Law Factbook.

GARRETT SIMONS S.C. is a Senior Counsel specialising in planning and environmental law.

Garrett is working on a third edition of Planning and Development Law which is due to be published

by Round Hall in 2013. He previously lectured in both Trinity College and Kings Inns and was one of the first judicial research assistants appointed to the judges in the Superior Courts.

ANNUAL ROUND HALL PLANNING AND ENVIRONMENTAL LAW CONFERENCE 2013 SATURDAY 9 NOVEMBER 2013 The Law Library Distillery Building, Church Street, Dublin 7 Please complete a separate form for each delegate, photocopy if necessary.

FEES

HOW TO BOOK YOUR PLACE FAX 01 662 5302

Early Bird €345 (Early Bird closes 4th Oct. 2013)

Standard Delegate Fee €395

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