David Browne BL

David Browne practises in the area of administrative and public law, specialising in local government, planning, procurement, environmental and information law.

David has appeared before the Court of Justice of the European Union (CJEU) as well as all levels of the domestic courts where he has acted for Applicants, An Bord Pleanála, the Environmental Protection Agency (EPA), State parties, Notice Party developers and local authorities.

Council Member, Irish Environmental Law Association (IELA)

Committee Member, Planning, Environmental and Local Government Bar Association (PELGBA)

Course Director / Coordinator, Advanced Diploma in Planning and Environmental Law, The Honorable Society of King’s Inns

Guest Lecturer, Advanced Diploma in Public Procurement Law, The Honorable Society of King’s Inns

Lecturer in Administrative Law, The Honorable Society of King’s Inns (2017-2021)

External Examiner, Institute of Public Administration (IPA)

Fulbright Scholar, University of California, Berkeley

Morris v Ireland & Ors. [2022] IEHC 472

Acted as sole (junior) counsel for An Bord Pleanála in successfully opposing a challenge to the constitutionality of the Planning and Development (Housing) and Residential Tenancies Act 2016)

Madden v An Bord Pleanála [2022] IEHC 257

Acted as sole (junior) counsel for An Bord Pleanála in successfully defending a challenge to a decision by the Board to refuse permission on Habitats grounds.

EnergoInvest v ESB [2022] IEHC 221

Acted for the Applicant in multiple procurement challenges listed in the Commercial Court which ultimately settled. Resulted in judgment on discovery / amendment application.

Stanley v An Bord Pleanála [2022] IEHC 177; [2022] IEHC 671

Acted as sole (junior) counsel for An Bord Pleanála in successfully defending a judicial review challenge to a decision on a s.5 referral as well as subsequent application for certificate for leave to appeal.

Landers v Information Commissioner [2022] IEHC 170

Acted as sole (junior) counsel for the Information Commissioner in successfully defending a challenge under the Freedom of Information Act 2014.

O’Sullivan v An Bord Pleanála [2022] IEHC 117

Acted for An Bord Pleanála in challenge to consent for rowing facility on habitats grounds.

Word Perfect Translation Services Ltd. v Minister for Public Expenditure and Reform [2022] IEHC 101

Acting for the Minister in a challenge to an award of lots in a procurement challenge. Awaiting judgment of Court of Appeal.

Friends of the Irish Environment CLG v Government of Ireland [2022] IEHC 64

Acting for the State in a challenge to allowance of total allowable catches allocated to the Common Fisheries Policy which was referred to CJEU by the High Court (Barr J.) in a validity reference

Enniskerry Alliance and Enniskerry Demesne Management CLG v An Bord Pleanála [2022] IEHC 6

Decision on costs in environmental litigation and the extent to which the NPE principle in Article 9 of the Aarhus Convention applies in domestic law. Referred to the CJEU as Case C-464/22 (awaiting a hearing date))

Spectre (Shelbourne) Ltd. v An Bord Pleanála [2021] IEHC 745

Acted for An Bord Pleanála in challenge to a decision of the Board on a s.5 referral.

Sweetman v An Bord Pleanála [2021] IEHC 390; [2021] IEHC 662 

Acted for An Bord Pleanála in a challenge to Derryadd windfarm consent which concerned, inter alia, the adequacy of plans and particulars.

Carvill v Dublin City Council [2021] IEHC 544

Acting in challenge to consent under Road Traffic Act 1994 for Sandymount cycle track. Under appeal.

Cooper v An Bord Pleanála [2021] IEHC 483; [2022] IECA 278.

Acted for An Bord Pleanála as sole (junior) counsel in unsuccessful challenge to decision of the Board to invalidate an appeal in both High Court and Court of Appeal.

Clifford & O’Connor v An Bord Pleanála [2021] IEHC 459; [2022] IEHC 474

Acted for An Bord Pleanála in challenge to Kerry Greenway consent.

Suaimhneas Ltd. v Kerry County Council [2021] IEHC 451

Acted as a (sole) junior counsel for Kerry County Council in a challenge to a request for further information on a retention application.

Right to Know CLG v Commissioner for Environmental Information [2021] IEHC 273; [2022] IESC 19

Acted for Right to Know in a case before the Supreme Court concerning whether the President of Ireland is a public authority within the meaning of the AIE Directive and the Constitutional exemption or carve-out conferred on the President.

Eco Advocacy CLG v An Bord Pleanála [2021] IEHC 265; [2021] IEHC 610

Acting for An Bord Pleanála in SHD challenge referred to CJEU on a preliminary reference (Case C-721/21)).

Right to Know CLG v An Taoiseach [2021] IEHC 233

Acting for Right to Know in a challenge on whether GHG emissions records should be disclosed under the AIE Directive or whether they are internal communications. Referred by the High Court to CJEU on a preliminary reference and awaiting judgment.

Right to Know CLG v Commissioner for Environmental Information [2021] IEHC 46; [2022] IECA 210

Acted for Right to Know in a case concerning whether a private windfarm company is a public authority within the meaning of the AIE Directive. High Court decision overturned on appeal which held that it was not a public authority.

Pepper Finance Corporation  (Ireland) DAC v Cannon [2020] IESC 2; [2020] 2 I.L.R.M. 373

Acted in Supreme Court in case involving the Unfair Contract Terms Directive.

Redmond v Commissioner for Environmental Information [2020] IECA 83

Acted for successful appellants in Court of Appeal on an AIE challenge.

Narconon Trust v An Bord Pleanála [2020] IEHC 25; [2021] IECA 307

Acted for An Bord Pleanála in a challenge to a s.5 decision.

Sweetman v An Bord Pleanála [2020] IEHC 39

Acted for An Bord Pleanála in a challenge to permission for solar farm.

Mount Juliet Estate Residents Group v Kilkenny County Council [2020] IEHC 128

Acted for Kilkenny County Council in a challenge to a grant of retention permission.

Right to Know CLG v An Taoiseach [2020] IEHC 228.

Acting for Right to Know CLG in AIE challenge. Decision of High Court currently under appeal.

Protect East Meath Ltd. v An Bord Pleanála [2020] IEHC 294; [2021] 2 I.R. 796

Acted for An Bord Pleanála in case where Notice Party developer sought leave to defend.

Rita O’Neill v An Bord Pleanála [2020] IEHC 356; [2021] IEHC 58

Acted for An Bord Pleanála in SHD challenge.

Right to Know CLG v Commissioner for Environmental Information [2020] IEHC 392

Acted for Right to Know in AIE challenge.  Judgment of Hyland J. dealing with mootness.

Highlands Residents Association v An Bord Pleanála [2020] IEHC 622

Acted for An Bord Pleanála in SHD challenge concerning zoning and mitigation measures

Holohan v An Bord Pleanála (C-461/17), Judgment of the European Court (Second Chamber) of 7 November 2018

Acted for Applicants in High Court ([2017] IEHC 268) and European Court case concerning the application of the EIA and Habitats Directives to consent for Kilkenny Ring Road

Killross Properties Ltd. v ESB and Eirgrid [2016] 1 I.R. 541

Acted for Killross Properties in plenary challenge on wayleave powers under Electricity Supply Act 1927

Shannon v O’Sullivan [2016] 1 I.R. 313

Court of Appeal decision on discovery in personal injuries litigation.

Carroll v An Bord Pleanála [2016] IEHC 90

Acted for Applicants in windfarm challenge.

Sweetman v An Bord Pleanála [2016] IEHC 277; [2016] IEHC 310

Acted for Applicant in challenge to road consent / Killaloe bypass on Habitats grounds

Grace & Sweetman v An Bord Pleanála [2015] IEHC 593, [2015] IEHC 870; [2020] 3 I.R. 286.

Acted for Applicants  in challenge to windfarm consent. Supreme Court judgment on standing in environmental litigation. Case referred to CJEU as Case C-164/17, Grace & Sweetman v An Bord Pleanála, Judgment of the Court (Second Chamber), 25 July 2018.

Buckley v An Bord Pleanála [2015] IEHC 572; [2015] IEHC 590

Acted for Applicants in windfarm challenge.

Author of ‘Simons on Planning Law’, Third Edition (June 2021)

Author of ‘The Law of Local Government’, Second Edition (December 2020)

Author of ‘Procurement Law in Ireland’ (with Patrick McGovern, Retired Partner with Arthur Cox) (October 2018)

Multiple publications in other national and international journals. A sample includes:

1. Browne, D. 2020. Francovich Damages and EU Environmental Law. In: Irish Planning and Environmental Law Journal (IPELJ), 27(1).
2. Browne, D., 2018. What Alternatives does a Developer have to consider for the purposes of the EIA Directive (if any)? In: Irish Planning and Environmental Law Journal (IPELJ), 25(4), 139-144.
3. Browne, D., 2017. Strategic Environmental Assessment: Coming of Age. In: Irish Planning and Environmental Law Journal (IPELJ), 24(1), 7-22.
4. Browne, D., 2016. The decision in Grüne Liga Sachsen (C- 399/14): Retrospective Application of Article 6 of the Habitats Directive? In: Irish Planning and Environmental Law Journal (IPELJ), 23(2), 40-47
5. Browne, D., Healy J., 2016. Automatic Suspension and Injunctive Relief: Has a “Complete Solution” Been Found for Lifting the Suspension in Public Procurement Challenges? In: Irish Journal for European Law, Volume 18, Issue 2.
6. Browne, D., 2015. Vacant Site Levies and the Urban Regeneration and Housing Act 2015. In: Irish Planning and Environmental Law Journal (IPELJ), 22(4), 137-144.
7. Browne, D., 2015. Ireland’s Compliance with the Aarhus Convention: Some Suggestions for Reform. In: Irish Planning and Environmental Law Journal (IPELJ), 22(2), 43-62.
8. Browne, D., 2015. Water Charges and Water Metering. In: Irish Planning and Environmental Law Journal (IPELJ), 22(1), 4-13.
9. Browne, D., 2015. Recent Reforms to Rating Law and Obligations on Property Owners. In: Conveyancing and Property Law Journal, 20(1), 7-17.
10. Browne, D., 2014. Voluntary Organisations in the Planning Process: Standing and Development Contributions. In: Local Government Review, 3(2).
11. Browne, D., 2014. Surveillance, Monitoring and Classification of European Sites under the Habitats Directive. In: Irish Planning and Environmental Law Journal (IPELJ), 21(3), 92-99.
12. Browne, D, 2014. Public Procurement and the ‘Manifest Error’ Test. In: Local Government Review, 3(1), 18-33.
13. Browne, D., 2014. Mitigation Measures and Screening for Appropriate Assessment. In: Irish Planning and Environmental Law Journal (IPELJ), 21(1), 4-16.
14. Browne, D., 2013. Exploring the Role of Human Rights Law in Dealing with Climate Change – How Can It Be Strengthened? In: The Irish Yearbook of International Law: Symposium Issue on Climate Justice in International Law, Volume 6.
15. Browne, D., 2012. Exploring the Role of the Decision-making Authority in Carrying Out EIA. In: Irish Planning and Environmental Law Journal (IPELJ), 19(3), 117-114.

1. Browne, D., 2022. Planning and Environmental Case-law Update, CMG Training, 9 December 2022.
2. Browne D., 2022. Recent decisions on AIE (Access to Information on the Environment), Planning, Environmental and Local Government Bar Association (PELGBA), 21 November 2022.
3. Browne, D., 2022. Recent Supreme Court decisions. Irish Environment Network “The “challenges” of judicial review & governance in environmental matters in Ireland”, The Honorable Society of King’s Inns, 12 November 2022.
4. Browne, D., 2022. Planning and Environmental Case-law Update, CMG Training, 3 June 2022.
5. Browne, D., 2022. Framework Agreements, CMG Public Sector Tendering & Procurement Conference, 24 March 2022.
6. Browne, D., 2022. Planning and Environmental Case-law Update, CMG Training, 21 February 2022.
7. Browne, D., 2021. Case-law update, Planning, Environmental and Local Government Bar Association (PELGBA), 16 December 2021.
8. Browne, D., 2021. Case-law update, Irish Environmental Law Association (IELA), 15 December 2021.
9. Browne, D., 2022. Planning and Environmental Case-law Update, CMG Training, 1 October 2021.
10. Browne, D., 2020. ICEL / Eversheds Sutherland Public Procurement Law Conference, 15 October 2020.
11. Browne, D., 2019. Discovery in Procurement Law, ICEL / Eversheds Sutherland Public Procurement Law Conference, 20 June 2019.
12. Browne, D., 2019. Updates in Housing Litigation, CMG Conferences, 26 June 2019.
13. Browne, D., 2019, Building Environmental Objectives into Tenders, White Paper Conferences, 8 May 2019.
14. Browne D., 2018. Should Trees (and Hen Harriers) Have Standing? A Critique of Standing in Environmental Law in Ireland Post the Supreme Court Decision in Grace and Sweetman. Celebrating and reflecting on the Aarhus Convention on the 20th anniversary of its adoption. Honorable Society of King’s Inns, 14 July 2018.
15. Browne, D., 2018. Public Procurement Case-law Updated. Irish Society for European Law, McCann Fitzgerald, 30 April 2018.
16. Browne, D., 2018. Public Procurement – Procuring for the Future, Engineers Ireland, Pairc Uí Caoimh, 13 March 2018.
17. Browne, D., 2018. CMG Public Procurement Litigation Conference, 21 February 2018.

Assisted the Bar Council Voluntary Assistance Scheme on a procurement / tendering matter.

Also acted pro bono in planning and mortgage / possession cases