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Cathal Lenaghan is a Civil Barrister specialising in Judicial Review, Planning, Environmental and Local Government Law. Having been called to the Bar of Ireland, Cathal devilled with Damien Keaney BL, Niall Handy SC and Oisin Collins SC in the areas of Planning, Environmental and Local Government Law.
Cathal has particular experience with the Environmental Impact Assesment Directive, Habitats Directive, Aarhus Convention, Strategic Infrastructure and Planning Enforcement.
Cathal accepts instructions and has acted for and against residents associations, NGO’s, landowners, developers and local authorities on planning and environmental issues in the District Court, Circuit Court, Superior Courts and the Court of Justice of the European Union.
He has also experience appearing at CPO hearings, including acting for landowners whose properties have been the subject of compulsory acquisition by acquiring authorities.
Cathal is the course co-ordinator of the Advanced Diploma in Planning and Environmental Law at the Honorable Society of King’s Inns.
Nicoullaud v An Bord Pleanála 2023/246 JR
Acted for the Applicant (led by Peter Bland SC) in a successful challenge to the granting of a s.254 licence for telecoms infrastructure at Old Naas Road, Bluebell, Dublin 12. The Respondent conceded the case without a full hearing.
Case C-721/21 Eco Advocacy v An Bord Pleanála Judgment ECLI:EU:C:2023:477 Opinion delivered by AG Kokott ECLI:EU:C:2023:39
Acted for the Applicant (led by Oisín Collins SC) where the Court of Justice, for the first time, defined another type of measure in relation to Article 6(3) of the Habitats Directive (Council Directive 92/43/EEC) that can be taken into account during the screening stage in which it is to be determined whether an appropriate assessment is required, namely a measure: ‘incorporated into that plan or project as standard features, inherent in such a plan or project, irrespective of any effect on the site’. The case concerned several questions reffered from the Irish High Court relating to the interpretation of the Environmental Impact Assessment Directive (2011/92/EU) and the Habitats Directive (92/43/EEC) and had continent wide implications in respect of the operation of the Habitats Directive.
State of the Netherlands v An Bord Pleanála 2022/600 JR
Acted for the Applicant (led by Oisín Collins SC), a sovereign state having an embassy in Ireland, as a a neighbouring landowner in a challenge to permission for new an SHD development at Brighton Road in Foxrock, Dublin 18. Proceedings settled without hearing.
Keegan Quarries Limited and Keegan v Cummins  IEHC 644
Appeared unled in this Motion for the Defendant in these proceedings which is the first case in Ireland concerning the interaction of the tort of trespass in the context of operation of UAV’s by private individuals. The Motion concerned a request for discovery of documents in legal proceedings pursuing injunctive relief and damages arising out of alleged trespass and interception over Plaintiffs’ properties by a drone operated by the Defendant. The disputed category of discovery sought related to documents evidencing the defendant’s use of the drone in the vicinity of the plaintiffs’ property. The court ruled in the Defendants favour that the plaintiffs’ formulation of the category was too broad and ordered that discovery be made only of documents relating to the drone when it was flown “on or over” the plaintiffs’ properties.
Kane & Anor v Hudson Brothers Limited 2021/78 MCA
Acted for the Respondents (led by Oisín Collins SC), commercial quarry operator and landowner, resisting a local residents’ application for section 160 planning injunction. The matter did not proceed to a full hearing after a settlement agreement was reached between the parties.
Park v An Bord Pleanála; 2021/527JR
Acted as junior counsel for neighbouring landowner in challenge to permission for new an SHD development on Newtownpark Avenue, Blackrock, Dublin. Proceedings settled without hearing.
Pairc Mhuire v An Bord Pleanála; 2021/704 JR; Kingswood Heights v An Bord Pleanála 2021/703 JR
Member of the Counsel team acting for both applicants in successful challenges to permission for telecoms infrastructure at St Mary’s GAA club Saagart, Dublin 24 and at Kingswood Heights, Dublin 24. The Respondent conceded both cases without a full hearing.
Shillelagh Quarries Ltd v Kildare County Council 2021/281 JR
Member of the Counsel team acting for the Applicant, a commercial quarry operator. The matter did not proceed to a full hearing after a settlement agreement between the parties.
Peter Sweetman v An Bord Pleanála; Ireland and the Attorney General 2020/797JR
Member of the Counsel team in a successful challenge to permission for neighbouring an SHD housing schemeat St Anne’s Park Raheny, Dublin 5. The First Named Respondent conceded the case without full hearing.
Kenny v An Bord Pleanála; 2020/722 JR
Member of the Counsel team acting for the applicant neighbouring landowner in successful challenge to SHD permission for a student housing scheme in Dartry, Dublin 6. The Respondent conceded the case without full hearing.
- “Development Plans”, lecture delivered to students in the Advanced Diploma in Planning and Environmental Law at the Honorable Society of King’s Inns on 19 October 2023.
- “Planning Applications ”, lecture delivered to students in the Advanced Diploma in Planning and Environmental Law at the Honorable Society of King’s Inns on 2 November 2023.
- “The Planning Bill 2023 – Implications for Environmental Law ”, presentation delivered to the Environmental Law Conference 2024, hosted by CMG Events on 17 January 2024.