David Browne SC

Member of the Inner Bar

  • Junior Counsel: 2011
  • Senior Counsel: 2023
Qualifications:

B.Sc., Ph.D.

Areas of Practice:
  • Administrative Law
  • Commercial/Chancery
  • General Common Law
Specialisation:
  • Environmental Law
  • European Law
  • Planning & Local Government Law
  • Public Procurement
David Browne SC
Circuits:

Dublin
South Eastern
Direct Professional Access:
Provided

David Browne practises in the area of administrative and public law, specialising in local government, planning, procurement, environmental and information law, and was appointed as Senior Counsel in 2023.

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 individual Applicants, environmental NGOs, An Bord Pleanála, the Environmental Protection Agency (EPA), State parties, Notice Party developers and local authorities.

Council Member and Co-Chairperson, Irish Environmental Law Association (IELA)

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

Guest Lecturer, 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

Course Director / Coordinator, Advanced Diploma in Planning and Environmental Law, The Honorable Society of King’s Inns (2016-2023)

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

External Examiner, Institute of Public Administration (IPA)

 

 

ESB v Commissioner for Environmental Information [2024] IEHC 17

Acted for the Commissioner for Environmental Information in a challenge on a point of law on whether a Transcript prepared for an arbitration hearing was “environmental information” within the meaning of the AIE Regulations.

Brophy v An Bord Pleanála [2023] IEHC 730

Acted for An Bord Pleanála in windfarm challenge. Case concerned alleged failure to take account of UK Bat Guidance and alleged failure to give reasons on EIA/AA Conclusions.

Tipperary County Council v Reilly [2023] IEHC 600

Acted for Tipperary County Council in application for leave to execute Orders relating to tenancy agreements. Appeal from the Circuit Court.

Save South Leinster Way v An Bord Pleanála [2023] IEHC 577

Acted for An Bord Pleanála in an interlocutory motion on whether the proceedings were time barred.

Ironborn Real Estate Ltd. v Dún Laoghaire Rathdown County Council [2023] IEHC 477

Acted for Dún Laoghaire Rathdown County Council in successfully defending a challenge to a decision on Extension of Duration under Section 42 of the Planning and Development Act g2000.

Persona Digital Telephony Ltd. & Anor. v Minister for Public Enterprise [2023] IEHC 404

Acted for State Defendants in a discovery motion in respect of ongoing challenge to bid process for second mobile phone licence in Ireland.

O’Donnell & Ors. v An Bord Pleanála [2023] IEHC 381; [2023] IEHC 594; [2023] IEHC 715.

Acting for State parties in a challenge to a SHD permission. Issues relating to the SEA Directive and the validity of a derogation licence. Pending reference to the CJEU on the application of domestic time limits to a challenge to a grant of a derogation licence under Article 16 of the Habitats Directive.

Toole v Minister for Housing, Planning and Local Government [2023] IEHC 263; [2023] IEHC 317; [2023] IEHC 378; [2023] IEHC 403; [2023] IEHC 590; [2023] IEHC 592; [2023] IEHC 716.

Acting for Notice Party developer in a challenge to a licence granted under the Foreshore Act 1933. Proposed reference to the CJEU on whether it is necessary to take account of pending projects for the purpose of an in-combination assessment under Article 6(3) of the Habitats Directive. Ultimately, reference did not proceed.

Corajio Unlimited Company t/a Mr. Price v An Bord Pleanála [2023] IEHC 373

Acted for An Bord Pleanála in successfully defending a challenge to a Section 5 Declaration.

Clancy v An Bord Pleanála [2023] IEHC 233; [2023] IEHC 464

Acting for Clare County Council in a challenge to the confirmation of a CPO.

Conway v An Bord Pleanála [2023] IEHC 178

Acted for Notice Party developer in a challenge to the constitutionality of SPPRs in Building Height Guidelines and Section 28(1C) of the Planning and Development Act 2000.

Shadowmill Ltd. v An Bord Pleanála [2023] IEHC 157

Acted for An Bord Pleanála in challenge to permission for development on grounds of protected structure. Issues concerned whether the Board could impose conditions modifying a development on appeal.

Ballyboden Tidy Towns Group v An Bord Pleanála [2023] IEHC 114

Acting for Notice Party developer in SHD challenge. Issue of whether a Notice Party is entitled to defend a decision to grant planning permission where that decision is conceded by the decision-maker. Currently under appeal in the Supreme Court.

Yennusick v An Bord Pleanála & Wexford County Council [2023] IEHC 70

Acted for Wexford County Council in a challenge to a refusal for permission for housing.

Protect East Meath Ltd. v Meath County Council [2023] IEHC 69

Acted for Notice Party developer in a challenge to the Meath County Development Plan.

Heather Hill Management Company Ltd. v An Bord Pleanála [2022] IESC 43; [2022] 2 I.L.R.M. 313

Acted for An Bord Pleanála in challenge on interpretation of costs provisions in Section 50B of the Planning and Development Act 2000.

Quinn v An Bord Pleanála [2022] IEHC 599

Acted for An Bord Pleanála in application by Notice Party for remittal. Judgment concerns principles of remittal following enactment of Planning and Development, Maritime and Valuation (Amendment) Act 2022.

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.

Atlas v Kelly [2022] IEHC 443

Acted for the State parties on issues relating to Article 3(8) of the Aarhus Convention in application to strike out proceedings alleging maintenance and champerty.

Joyce-Kemper v An Bord Pleanála [2022] IEHC 349

Acting for State parties in an application for certificate for leave to appeal on apportionment of costs under Section 50B of Planning and Development Act 2000.

Monkstown Road Residents’ Association v An Bord Pleanála [2022] IEHC 318; [2023] IEHC 9

Acted for An Bord Pleanála in challenge to SHD decision for development of a protected structure.

Cork County Council v Minister for Housing, Local Government and Heritage [2022] IEHC 281; [2022] IEHC 473

Acted for the Minister in a challenge to a Direction under Section 9(7) of the Planning and Development Act 2000 concerning the Cork County Development Plan.

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.

Manley Construction Ltd. v An Bord Pleanála [2022] IEHC 147

Acted for An Bord Pleanála in successfully defending a challenge to a refusal for SHD permission.

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.

Flannery v An Bord Pleanála [2022] IEHC 83; [2022] IEHC 327

Acted for An Bord Pleanála in housing challenge. Case concerned reasons and Development Plan standards ([2022] IEHC 83). Subsequent decision on allocation of costs under s.50B of the Planning and Development Act where Applicants partially successful.

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. Opinion of Advocate General delivered on 15 June 2023 (Case C-330/22)

O’Brien v An Bord Pleanála [2022] IEHC 18

Acted for State parties in opposing application to amend Statement of Grounds to include relief relating to Article 12 of the Habitats Directive.

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 but reference was withdrawn.

Cork County Council v Minister for Housing, Local Government and Heritage [2021] IEHC 617; [2021] IEHC 683; [2021] IEHC 706

Acted for the Minister in a challenge to a Section 31 Direction concerning the Cork County Development Plan.

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.

Lagan Asphalt Ltd. v Hanly Quarries Ltd. [2021] IEHC 450

Appeared for the Applicant in s.160 proceedings. Judgment concerned whether to grant a stay pending the making of a decision by the local planning authority as to whether to pursue enforcement action itself.

Whitemountain Quarries Ltd. v Donegal County Council [2021] IEHC 401

Proceedings under the Air Pollution Act 1987. Judgment on whether a stay granted at the leave stage of judicial review proceedings ought to be continued/renewed.

Right to Know CLG v Commissioner for Environmental Information [2021] IEHC 273; [2022] IESC 19; [2023] 1 I.L.R.M. 122

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; [2023] IEHC 644; [2023] IEHC 713.

Acting for An Bord Pleanála in SHD challenge referred to CJEU on a preliminary reference (Case C-721/21). Opinion delivered by AG Kokott on 19 January 2023 and Judgment delivered on 15 June 2023.

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

Acting for Right to Know CLG 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 (Case C-84/22). Opinion of Advocate General Kokott delivered on 17 May 2023 and Judgment delivered on 23 November 2023.

Flannery v An Bord Pleanála [2021] IEHC 140

Motion for interrogatories in planning judicial review.

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; [2022] 1 I.R. 128

Acted in Supreme Court in case involving the Unfair Contract Terms Directive and the Éire Continental criteria for late appeals. Held that the Supreme Court had jurisdiction to grant leave to appeal from a decision of the High Court made on appeal from the Circuit Court, notwithstanding s.39 of the Courts of Justice Act 1936, provided that the constitutional criteria were satisfied.

Redmond v Commissioner for Environmental Information [2020] IECA 83; [2021] 3 I.R. 695

Acted for successful appellants in Court of Appeal on an Access to Information on the Environment (“AIE”) challenge. Held by the Court of Appeal that, in determining whether information fell within the scope of the definition of environmental information, it was not correct to look at the information sought to see whether, in itself, it was information that could be described as “affecting or likely to affect” the elements and factors set out in the definition of “environmental information”. Rather, it was the “measure”, not the information “on” that measure, that was to be assessed.

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; [2023] IECA 68

Acted for Right to Know CLG on Constitutionality validity of AIE Regulations (which was upheld by Court of 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.

Advanced Industrial Technology Corporation Ltd. v Casey [2020] IEHC 336

Acted for solicitor Defendant in application to amend pleadings include a claim for fraudulent misrepresentation.

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.

Higgins v An Bord Pleanála [2020] IEHC 564

Acted for An Bord Pleanála in judicial review of a planning permission granted for a housing development, which was challenged on the grounds of zoning, density, road safety, and overshadowing.

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

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

Orla Fitzgerald v Dún Laoghaire Rathdown County Council [2019] IEHC 890

Acted for State parties in a challenge to grant permission in an SDZ.

Holohan v An Bord Pleanála (Case 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 in the High Court. Subsequent 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.

2023

  1. Planning and Environmental Case-law Update, CMG Training, 31 March 2023.
  2. Contract Modifications, Irish Centre for European Law (ICEL) Public Procurement Update, McCann Fitzgerald LLP, 19 October 2023.
  3. EPA-ICEL EU Environmental Law Enforcement Conference, Access to information on the environment: recent developments, Dublin Castle, 16 November 2023.
  4. Updates in Climate and Environmental Law, Planning, Environmental and Local Government Bar Association (PELGBA) Update, 29 November 2023
  5. Irish Environmental Law Association (IELA) Winter Update, 14 December 2023.

2022

  1. Planning and Environmental Case-law Update, CMG Training, 21 February 2022.
  2. Framework Agreements, CMG Public Sector Tendering & Procurement Conference, 24 March 2022.
  3. Planning and Environmental Case-law Update, CMG Training, 3 June 2022.
  4. 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.
  5. Recent decisions on AIE (Access to Information on the Environment), Planning, Environmental and Local Government Bar Association (PELGBA), 21 November 2022.
  6. Planning and Environmental Case-law Update, CMG Training, 9 December 2022.

2021

  1. Planning and Environmental Case-law Update, CMG Training, 1 October 2021.
  2. Case-law update, Irish Environmental Law Association (IELA), 15 December 2021.
  3. Case-law update, Planning, Environmental and Local Government Bar Association (PELGBA), 16 December 2021.

2020

  1. ICEL / Eversheds Sutherland Public Procurement Law Conference, 15 October 2020.

2019

  1. Building Environmental Objectives into Tenders, White Paper Conferences, 8 May 2019.
  2. Updates in Housing Litigation, CMG Conferences, 26 June 2019.
  3. Discovery in Procurement Law, ICEL / Eversheds Sutherland Public Procurement Law Conference, 20 June 2019.

2018

  1. CMG Public Procurement Litigation Conference, 21 February 2018.
  2. Public Procurement – Procuring for the Future, Engineers Ireland, Pairc Uí Caoimh, 13 March 2018.
  3. Public Procurement Case-law Updated. Irish Society for European Law, McCann Fitzgerald, 30 April 2018.
  4. 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.

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

Also acted pro bono in planning and mortgage / possession cases

 

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Contact

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086-106 9927
Email
david.browne@lawlibrary.ie
Address
Law Library Four Courts Dublin 7
DX
810265
LinkedIn
@David Browne

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