A planning decision lands — the estate next door approved, your own application refused, conditions that gut the project’s viability. Unlike most planning grievances, which end at An Coimisiún Pleanála, the question of the decision’s legality has one forum: the High Court, by judicial review, at speed.
Judicial review time limits are strict, are sometimes much shorter than three months, and can run from an earlier date than you expect. The courts can refuse late applications even within the stated period if you have not acted promptly. Nothing on this page calculates your deadline. If you believe a decision affecting you may be unlawful, contact a solicitor immediately.
First Question: Which Regime?
Ireland is running two planning judicial review systems in parallel. Decisions under the 2000 Act: sections 50/50A — 8 weeks, leave on substantial grounds, section 50B environmental costs protection. Decisions under the 2024 Act: Part 9 (in force since 1 August 2025) — no leave stage, respondent strike-out instead, tightened standing, grounds locked at pleading, express remittal, statutory expedition. Identifying the governing Act is the first task on every file; getting it wrong is fatal. Full comparison: the 2024 Act changes.
The Grounds That Do the Work
- Environmental assessment: EIA and Appropriate Assessment screening done wrongly or not at all — the ground with EU law behind it and the least judicial tolerance for error;
- Material contravention: permission granted contrary to the development plan without the required procedure;
- Reasons: especially decisions departing from an inspector’s recommendation without adequate explanation;
- Procedure and notice: defective site notices, submissions not circulated, statutory steps skipped;
- Vires and guidelines: conditions beyond power; ministerial guidelines misapplied or wrongly treated as binding.
The Eight-Week Sprint
Eight weeks sounds like time. It is not: the planning file must be obtained and read, grounds identified, counsel briefed, the statement of grounds and affidavits drafted, substantial grounds assembled — while the site notice fades and the developer mobilises. The working rule for anyone contemplating a challenge is one week to decide, then instruct. See our planning judicial review practice.
Costs: Better Protected Than People Fear
The costs terror that deters residents is often outdated. Section 50B gives environmental challenges substantial protection, and the 2024 Act’s phased regime — scale of fees now prescribed under 2026 regulations, an assistance mechanism to follow — is designed around the Aarhus principle that environmental justice must not be prohibitively expensive. The honest position for your specific case: costs in judicial review.
A Planning Decision Worth Challenging?
Send us the decision this week. Regime, limit, grounds, costs exposure - answered before you commit to anything.
Call 01 5827148Related Reading
About the Author
Richard O’Shea, Solicitor practises with Mary Molloy Solicitors (established 1981), advising clients across Ireland on judicial review, public law, immigration and litigation. Richard holds a Diploma in Mediation from the Law Society of Ireland and acts in challenges to decisions of Government departments, tribunals, local authorities and other public bodies. Contact Richard on 01 5827148 or richardoshea@marymolloysolicitors.com.
This article is for general information only and does not constitute legal advice. Every farm and family situation is different, and you should obtain advice on your own circumstances before acting. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.