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Planning Court caseload up 73% in one year

High Court President Mr Justice David Barniville has welcomed the establishment of the Users’ Group for the Planning and Environment Court, which holds its first meeting today (19 December).

“It is a tribute to the practitioners and stakeholders in the Planning and Environment Court and to the reputation of that court that so many excellent people expressed an interest in participating in the users’ group, which is being established today on a pilot basis,” President Barniville said.

'Enormous increase'

“The court is dealing with an enormous increase in its caseload and in demands for hearing dates for those cases. 

“I greatly appreciate the efforts of the judges of the court in seeking innovative solutions to address those demands,” he said.

Strong case-management, prioritisation of more urgent cases, and setting shorter hearing times, especially for cases that needed expedition, were indispensable tools to achieve the timely processing of cases, he added.

“The court deserves more resources,and the appointment of additional judges, as decided by the outgoing Government in November, is awaited and urgently required.

“It is also hoped that new rules of court for the Planning and Environment Court will be soon approved by the Superior Courts Rules Committee, which will work alongside useful practice directions,” he said.

Judge in charge Mr Justice Richard Humphreys (small picture) said: “I am delighted at the response from stakeholders to our request for participation in the users’ group. 

“The court is extremely well served by outstanding practitioners and stakeholders, who have collectively been creative and co-operative with the judiciary in terms of necessary procedural steps to cope with the overflow of business.” 

The live caseload had increased by 73% from October 2023 to November 2024 despite no increase in judges, he said.

“Dealing with this demands creativity and a careful allocation of limited judicial resources, not leisurely hearings and business-as-usual. 

“As the court has evolved we have been enthusiastic about developing dialogue with stakeholders, and the users’ group is the next phase of that.  I look forward to working with members, as well as continuing the other channels of communication with professional and other bodies,” he said.

Forum for dialogue

The group is being established on a pilot basis for a six- to 12-month period.  Its primary function is to serve as a forum for dialogue between the court and stakeholders on practice and procedure issues.

It will be chaired by Judge Humphreys and will include the two current list registrars, John Sinclair and Gareth Redmond. 

The other members are:

• Eimear O’Doherty – Dún Laoghaire-Rathdown County Council,
• Tara Hegarty – South Dublin County Council,
• Conor Minogue – CSSO,
• Lucy Haggan Logan – CSSO,
• Kevin Baneham – An Bord Pleanála,
• Jonathan Moore – Fieldfisher,
• Rachel Minch SC – Philip Lee (Chair of Law Society Environmental and Planning Law Committee),
• Stephen Dodd SC – PELGBA,
• Fred Logue – FP Logue,
• Attracta Uí Bhroin -–Environmental Law Ireland,
• Luke McCann – McCann FitzGerald,
• Alison Fanagan – A&L Goodbody,
• Danielle Conaghan – Arthur Cox,
• Tom Flynn SC (chair of Planning, Environment and Local Government Bar Association – PELGBA).