Niall Handy SC

Barrister practising in following areas:

– Judicial Review / Administrative Law / Local Government
– Planning, Environmental, Maritime, Climate and Energy law
– European Union / Constitutional law
– AIE & FoI law / Data Protection / technology
– Commercial matters, financial services and insurance defence litigation
– ADR: CEDR Accredited Mediator / Dip. Arbitration: private, CPO
– Active on State panels in commercial & constitutional, judicial review and European law matters

Significant experience with strategic infrastructure, housing, foreshore licensing, EIA and Habitats Directives, Aarhus convention,  climate change law, industrial emissions, environmental liability, data protection, financial product ligitation, arbitration and commercial mediation.

Ongoing work includes:

• Currently acting for the State Respondents in several judicial review actions in which SHD permissions are challenged; and where also the underlying legislation is challenged (also in non-SHD cases concerning EIA / Habitats Directive transposition)
• Currently acting for several developers across multiple proceedings where grants of SHD permissions are under challenge
• Advising on compliance with requirements of Large Scale Residential Development Act 2021 and associated regulations (including transitional arrangements / amendments between SHD and LSRD permissions on same development sites)
• Advising on EIAR / AA compliance at pre-planning stage
• Advising on cross-jurisdictional data protection issues for employers / commercial entities
• Acting for defendants employers in several criminal investigations / prosecutions arising from workplace fatalities
• Acting on behalf of insurers in product liability claims

Recently completed work includes the following judgments / settlements:

Sheehan v Cork City Council [2023] IEHC 693

Acted for the applicant (leading Kevin Bell, BL) in proceedings challenging a fixed charge penalty notice, and also the Bye-Laws pursuant to which the FCP notice had issued. Case withdrawn over late affidavit evidence introduced by the respondent, which amounted to a volte face in its opposition position. The written judgment (of Mr Justice Simons ) deals with the liability of the parties for the costs events that arose in the proceedings.

Glassco Recycling Ltd v An Bord Pleanála [2023] IEHC 293

Acted (as sole counsel) for successful Applicant in quashing a declaration of the Board on a referral under s.5 of the Planning Acts. Case decided on a failure to give adequate reasons. Judgment is notable for finding that, in certain circumstances, the standard of review goes beyond O’Keeffe, and requires a full-blooded review.

Walsh v St Clare’s GP3 Ltd and Balark Trading GP Ltd [2023] IEHC 105

Acted for Plaintiffs (as sole counsel). Judgment confirming entry into Commercial Planning and SID List under Order 63A rule 1(b). At paras 15 – 16, court answered the question of what is an environmental and planning case for the purposes of entry into the Commercial and Planning SID list? (Answer: a subject-area approach, not a grounds-specific approach)
At paras. 19 – 21: a consideration of criteria to be applied to an application for entry under O63A, r(1)(b).

Shane Coffey v A Judge of the District Court and the Minister for Justice and Equality [2023] IESCDET 22

Acted for the Respondents Judge and the Minister in successful resisting an application by the Applicant accused who had sought leave to appeal the judgment of the Court of Appeal, which had upheld the original High Court refusal of the Applicant’s attempt to review a decision concerning the manner in which a legal aid was allocated in respect of charges before the District Court. Case concerned the correct operation of the legal aid scheme. Led by MícheálP. O’Higgins SC (as he then was) in Court of Appeal and in resisting application to the Supreme Court.

Heather Hill v An Bord Pleanala, Burkeway Homes Ltd and the Attorney General [2022] IESC 43; [2022] 2 I.L.R.M. 313

Acted for the successful appellant. This landmark, unanimous judgment of the Supreme Court has settled the long running controversy over whether applicants seeking judicial review of planning decision are entitled to a Protective Costs Order, under section 50B of the Planning Acts. The judgment also interpreted and applied the Environmental (Miscellaneous Provisions) Act 2011 and articles 9(2), (3) and (4) of the Aarhus Convention, to the same outcome. The judgment of the Court of Appeal was set aside and the original decision of the High Court (Simons J) reinstated.

North Westmeath Turbine Action Group v Westland Horticulture Ltd & Ors. [2022] IEHC 727

Acted (alone) for successful defendants, commercial peat operator and landowner, resisting a local residents’ application for section 160 planning injunction. Court reached a finding of unauthorised development and exercised its discretion to refuse making any orders in respect of unauthorised development.

Flannery & Ors. v An Bord Pleanála; Carroll v An Bord Pleanála [2022] IEHC 83 (No.1)

Acted for neighbouring landowner (Carroll) in successful application to quash permission for large apartment scheme on GAA lands zoned for sporting use at Dolphin’s Park, Crumlin Road (led by Michael Cush SC; each counsel separately addressed the court on distinct issues within the case). Decision turned on interpretation of development plan zoning criteria.

Flannery & Ors. v An Bord Pleanála; Carroll v An Bord Pleanála [2022] IEHC 327 (No.2) (costs)

Successfully resisted (as sole counsel) attempt by An Bord Pleanála to reduce its costs liability by reference to a mechanistic division of costs between pleaded issues which did / did not succeed at hearing. Court refused, granting all costs to client.

Walsh v An Bord Pleanála [2022] IEHC 172

Acted for neighbouring landowner in successful challenge to SHD permission for additional stories atop permitted apartment development overlooking my client’s home (led by Neil Steen SC).

Madden v An Bord Pleanála [2022] IEHC 257

Acted  (as sole counsel) for developer in challenge to set aside refusal of permission. Case engaged limits of O’Keeffe deference and tested Board’s jurisdiction to refuse permission for lack of a non-prescribed report (bird survey) in appropriate assessment; and unclear reasoning on consideration of AA mitigation measures.

Coffey v Minister for Justice [2022] IECA 46; [2018] IEHC 62

Acted for Minister for Justice and State in successful defence of challenge to operation of legal aid certification scheme (led by Brian Murray SC (as he then was) in High Court; Mícheál P. O’Higgins SC in Court of Appeal).

Trimbleston Owners Management Company CLG v An Bord Pleanála 2021/258 JR

Acted (as sole counsel) for apartment management company in successful challenge to permission for neighbouring student housing scheme on Goatstown Road, Dublin 14. Board conceded the case without full hearing.

Hibernian Networks v An Bord Pleanála & Cignal Infrastructure 2020/843 JR

Acted for telecoms infrastructure provider in successful challenge to grant of permission to competitor. Board conceded the case on the third day at hearing in High Court.

Bishara v An Bord Pleanála (2021/889 JR)

Acted (as sole counsel) for neighbouring landowner in challenge to permission for new DIT Campus on Kevin Street, Dublin. Proceedings settled without hearing.

Atlantic Diamond Limited v An Bord Pleanála [2021] IEHC 322

Acted for commercial applicant in securing an order of certiorari, quashing of planning permission for 336 apartments at East Wall (SHD case) (led by Micheál O’Connell SC).

C-619/19 Land Baden-Württemberg (Judgment: ECLI:EU:C:2021:35; Opinion delivered by AG Hogan: ECLI:EU:C:2020:590)

Acted for Ireland as intervener in a preliminary reference to the Court of Justice in matter concerning interpretation of Access to Environmental Information Directive 2003/4/EC and the Aarhus Convention. Instructed by AG’s office on behalf of the Department of An Taoiseach. (led by Patrick McCann SC)

McHugh v Minister for the Environment & Ors. [2020] IECA 128

Acted (as sole counsel) on behalf of State respondents in successful resisting appeals in three consecutive motions seeking inter alia to strike out the State’s defence to proceedings.

Heather Hill Management Company v An Bord Pleanala

• [2019] IEHC 450 Secured order of certiorari, quashing planning permission for 197 units in Galway (drafted and commenced proceedings as sole counsel, led by Neil Steen SC at hearing)
• [2020] IESCDET 39 Successfully resisted application by An Bord Pleanála for leave to appeal in substantive matter (led by Neil Steen SC).
• [2019] IEHC 186 Secured a Protective Costs Order (“PCO”) at outset of proceedings in the commercial list, in a significant judgment which has since had very wide-reaching application. This judgment established the PCOs currently controversial in planning and environmental judicial review proceedings (drafted the pleadings and commenced proceedings as sole counsel, subsequently led by Neil Steen SC at hearing and appeals).
• [2021] IECA 259 PCO overturned by Court of Appeal (led by Neil Steen SC) in circumstances where the appeal is moot but Court of Appeal accepted that matter is of systemic importance, and where the appellant indemnified the residents’ costs in order to provide a legitimus contradictor.
• [2022] IESC 43 Court of Appeal overturned; judgment of High Court reinstated. Challengers to development consent entitled to full costs protection.

Kelly v An Bord Pleanála 2021/43 JR

Acted (as sole counsel) for neighbouring landowners challenging grant of permission for large apartment scheme in Clontarf, Dublin. Developer immediately settled the proceedings without hearing – positive outcome for client.

Tarpey v An Bord Pleanála 2020/243 JR

Acted (as sole counsel) for developer in successfully challenging refusal of permission for one-off house in County Galway. Board conceded the case without full hearing.

Halpin v An Bord Pleanala [2019] IEHC 352

Acted (as sole counsel) for successful applicant in securing an order of certiorari quashing a grant of planning permission for biogas plant in County Meath.

Halpin v An Bord Pleanala [2020] IEHC 218

Successfully resisted application by An Bord Pleanála for a certificate for leave to appeal (led by Neil Steen SC). Submissions and judgment engaged with the scope of O’Keeffe deference in judicial review.

Callaghan v An Bord Pleanala [2018] IESC 39, [2021] 1 I.R. 81; [2016] IECA 398

Acted for renewable energy developer in successfully resisting appeal of dismissal of challenge to planning permission for strategic infrastructure wind farm development (led by Jarlath Fitzsimons SC). There are a series of important points established in several judgments delivered within this litigation, which judgments are frequently cited.

O’Toole v Minister for Housing, Planning and Local Government, Record No. 2020/309 JR

Acted for State Respondents in challenge to grant of a foreshore licence for a transatlantic submarine data cable (led by Ciarán Toland SC).

Waterford City and County Council v Centz & Ors. [2020] IEHC 540 (judgment 27 November, 2020)

Acted for Respondents to planning injunction proceedings. Planning authority had secured “ex parte” orders requiring immediate closure of three large retail stores, all opened without necessary planning permission.

• Succeeded in having High Court orders set aside within days (led by Martin Hayden SC), allowing them to reopen / commence trading before the full, contested hearing of applications for orders restraining unauthorised development (applicant succeeded after full hearing)
• Substantive judgment: [2020] IEHC 634;
• (in further judgment, one respondent acted as a lay litigant in an unsuccessful attempt to change the content of evidential finding of the court: [2021] IEHC 174)

An Taisce v An Bord Pleanala [2018] IEHC 315

Acted (as sole counsel) for Notice Party quarry owner in resisting this challenge by An Taisce to a decision of the Board to grant substitute consent to the quarry owner. Case was successfully defended in the High Court (Barrett J), later overturned by the Supreme Court ([2020] IESC 39). The Notice Party did not participate in the appeal before the Supreme Court.

S.C. (a minor) v Secretary General of Dept. of Education & Ors. [2017] IEHC 847

Acted for successful Applicant, a schoolboy of 13 years, in quashing the decision of an appeals committee established under s.29 of the Education Act 1998, to uphold a school Board of Management decision to expel the child for smoking and other disciplinary issues. The High Court (Ní Raifeartaigh J) quashed the decision for error in manner in which appeal committee approached fact-finding exercise. Led by Siobhan Phelan SC (as she then was). Instructed by Community Mediation Law Centre of Limerick, through the Bar of Ireland’s Voluntary Assistance Scheme (VAS).

Carman’s Hall Community Interest Group & Ors. v Dublin City Council [2017] IEHC 544

I acted for a community group who sought certiorari of a decision of Dublin City Council to authorise, using emergency powers and without public notice, the change of use and redevelopment of a community hall into an overnight homeless shelter for men. Due to the urgency and sensitivity of the decision, the matter was heard within two weeks of commencement and the court (Binchy J) quashed the decision but placed a stay on its order to close the homeless shelter. Drafted and brought proceedings as sole counsel, and by Declan McGrath SC at substantive hearing.

Sandymount and Merrion Residents Association v An Bord Pleanala, The Minister for Arts, Heritage and the Gaeltacht and The Attorney General [2013] 2 I.R. 578

Drafted these proceedings (as sole counsel) challenging a grant of permission for development of a 9km wastewater pipe to discharge into a Dublin Bay area that had subsequently been recently designated for environmental protection. The Notice Party developer (Dublin City Council) applied to set aside the leave order alleging, inter alia, that the applicant, an unincorporated association, lacked capacity to issue proceedings; the State supported that application. Successfully resisted that application as sole counsel in the High Court ([2013] IEHC 291, Charleton J).

I was led by Denis McDonald SC (as he then was) in the successful defence of the interlocutory appeal by the Notice Party, DCC (which appeal was supported by the State).

The High Court (Humphreys J) recently cited this judgment in a preliminary reference to CJEU seeking to apply similar interpretation to another provision of the EIA Directive: [2022] IEHC 482 (§§23, 26)

Ecologic Data Centres v An Bord Pleanala; Urrinbridge v An Bord Pleanala [2013] IESC 61; [2014] 8 I.C.L.M.D. 98 

Acted for Applicant developer (Urrinbridge) in successful challenge to Board decision to decide an appeal notwithstanding that it had been withdrawn in days prior to publication of Board’s decision. Upheld in Supreme Court (led by John Gibbons SC).

[Various different matters, 2018 – 2020]

Acted for State Respondents in

• opposing challenges to alleged failures in transposition of various European environmental law directives (led by Ciarán Toland SC in several matters);
• advising different Ministerial departments on application of Habitats Directives to various Ministerial development consent procedures;
• acting for State in ongoing judicial review proceedings where Applicants are challenging quarry development consents and simultaneously challenging legislation giving effect to EIA and Habitats Directives;
• Advising State respondents on legality of responses to data subject requests made under FoI / AIE legislation.

• Doing Business in Ireland (Lexis Nexis) (Release 28, March 2017)

  Chapter 8A, Environmental and Planning Laws

  Mar 1, 2017  

  Contributed a chapter to this well established, multi-author, loose-leaf text which provides wide-ranging treatment of current legal environment in the Republic of Ireland. The chapter considers the key environmental law issues arising in the context of planning law in Ireland. It focuses on the Planning and Development Act 2000 (PDA), as amended, and covers such topics as the principal regulatory authorities in Ireland that come into contact with the planning and development system; the enforcement provisions of the PDA; judicial review of planning decisions; and possible implications of Brexit for planning and environmental law in Ireland.

  General Editor: Christian Campbell, Director, Center for International Legal Studies, Austria.

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  The Environmental Impact Assessment Directive amended: Signposts On The New Path To Development Consent

  Oct 15, 2014  Irish Planning and Environmental Law Journal (2014) I.P.E.L.J. 21(3) at pp.100-108

  The purpose of this article is identify and consider, at an outline level, the scope of potential impacts which may result from recent amendments to the Environmental Impact Assessment Directive 2011/92/EU , as amended by Directive 2014/52/EU . It will consider the date by which the said amendments are required to take effect, and in particular the steps which will trigger compliance with the terms of the amended directive, in the absence of further national legislation. Broad issues for consent authorities and developers alike are identified and flagged for further consideration upon the commencement of any national legislation to implement the changes into domestic law.

• Electronic Discovery: the Tension Between Proportionality and Perfect Justice

  Oct 18, 2011  Commercial Law Practitioner (2011) 18(9) CLP 202

  This article considers the background to electronic discovery; the application of Ord.31 r.12 of the Rules of the Superior Courts as substituted in 2009 to incorporate electronic discovery, in the context of the relevant case law to date; and finally, it draws conclusions from the foregoing and from developments in other common law jurisdictions, to argue the case for the introduction of a comprehensive practice direction or an amendment to the existing rules.

  Electronic Discovery: the Tension Between Proportionality and Perfect Justice

• Substitute Consent: The New Form Of Retention Permission For EIA Development

  Apr 7, 2011  Irish Planning and Environmental Law Journal (2011) 18(1) I.P.E.L.J.

  The Planning and Development (Amendment) Act 2010 introduced new provisions to facilitate the grant of substitute consent to existing developments subject to the Environmental Impact Assessment and Habitats Directives. This article outlines the procedures involved in the application process, discusses significant new mandatory powers of enforcement afforded to planning authorities and an Bord Pleanála to issue cessation and/or remediation orders, and finally examines weaknesses in the extensive new enforcement provisions.

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  The legal landscape of the Garth Brooks licensing debacle

  Jul 5, 2014  Irish Independent

  My opinion piece for Irish Independent on the licensing issues surrounding the Garth Brooks concerts, and why nothing more could be done once the licence had issued (please disregard the slightly misleading headline, subsequently added to the finished piece)

  The legal landscape of the Garth Brooks licensing debacle

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  Developments in European Environmental Law

  Mar 26, 2014  Irish Planning and Environmental Law Journal (2014) 21(1) I.P.E.L.J. 37

  This Spring 2014 update considers two significant decisions of the European courts, and outlines notable developments from the EC environment Council of Ministers. One decision of wide effect concerns “environmental harm” injunctions and property rights. In another perhaps surprising decision from the General Court, it held that an unincorporated eNGO had not legal personality to maintain proceedings before the court, notwithstanding the provisions of the Aarhus Convention and Public Participation Directive and where the court refused to consider a relevant, recent Irish Supreme Court decision.

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  Developments in European Environmental Law

  Nov 1, 2013  Irish Planning and Environmental Law Journal (2013) 20(3) I.P.E.L.J

  Matters considered in this update include the adoption by the EC of the 7th Environmental Action Programme, an amended ship recycling regulation, a revised directive on batteries and accumulators, and an amended a proposal to amend the Shipment of Waste Regulation. Judgments from the Court of Justice in C-260/11, Edwards v Environment Agency and Others, and C-258/11, Sweetman and Others v An Bord Pleanála are also considered.

  Developments in European Environmental Law

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  Developments in European Environmental Law

  Jul 18, 2012  Irish Planning and Environmental Law Journal (2012) 19 (2) IPELJ 94

  Ireland has again been referred to the European Court of Justice for alleged failure to properly transpose provisions of the EIA Directive, with significant lump sum and daily fines being sought by the European Commission. Elsewhere, despite pressure from the European Council and Parliament, a reluctant European Commission continues to drag its heels over the Council’s plans for a 7th Environmental Action Plan. In the meantime, the Council celebrates 20 years of natural habitat protection. In caselaw, Art 10 of the Landfill directive held directly effective, Strategic Environmenal Assessment Directive considered in context of Habitats directive. More within.

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  Developments in European Environmental Law

  Aug 1, 2011  Irish Planning and Environmental Law Journal (2011) 18(3) IPELJ 134

  Recent decisions of the ECJ are analysed, which matters include the scope of public access to environmental information, and a ruling on the access of Environmental NGOs to challenge a planning consent notwithstanding specific national laws precluding such challenges. The final assessment of the 6th Community Environmental Action Programme, an EU consultation on improving air quality, a new ban on the use of industrial creosote and wider restrictions on the use of hazardous substances in electrical and electronic equipment are also among the matters considered.

  Developments in European Environmental Law

• December 2023: Address to the ceremonial sitting of the new Planning and Environment Division of the High Court, as co-Chair of the Irish Environmental Law Association.
• March 2023: “Reflections on changes in Planning and Environmental Law”: lecture to Lawyer’s Against Homelessness conference (to benefit Capuchin Centre, Bow Street)
• February 2023: “Maritime Planning Law”: lecture to Advanced Diploma in Planning and Environmental Law (Kings Inns)
• June 2022: CPD lecture on “Offshore Development and the Maritime Area Planning Act 2021” to Planning, Environment and Local Government Bar Association
• October 2021: lecture to Irish Planning Institute’s Autumn law briefing on the “Maritime Area Planning Bill 2021”
• March 2021: “Planning Injunctions: Law & Practice”, lecture delivered to National Solicitors Alliance meeting
• Guest lecturer, Advanced Diploma in Planning and Environmental Law (Kings Inns)
• Former tutor/examiner of planning and environmental law elective module at the Kings Inns
• Former tutor/examiner of planning and environmental law elective module at the Law Society of Ireland.
• Frequent speaker at legal seminars and industry events

• Acted on a voluntary basis for indigent clients in need of legal advice and advocacy in court, appointed by request from the Voluntary Assistance Scheme of the Bar of Ireland
• Acted in successful challenge to a local authority for failure to rehouse council housing tenants forced to abandon their home on a delapidated housing estate, and simultaneously challenging State’s implementation of Limerick Regeneration (led by Michael Cush SC and Brian Kennedy SC) (proceedings compromised with successful outcome for applicants)
• Acted for secondary schoolchild in successfully overturning decision of Board of Management to expel child from school.

Please note: Available for pro bono work through the Bar of Ireland’s Voluntary Assistance Scheme only – I cannot accept intructions directly.

• 2023 Co-chair of the Irish Environmental Law Association (www.iela.ie)
• CEDR Accredited Mediator and Member
• Commercial Law Association of Ireland
• Planning, Environmental & Local Government Bar Association
• Irish Centre for European Law
• European Circuit
• Professional, Regulatory and Disciplinary Bar Association
• Arbitration Ireland
• Construction Bar Association
• British and Irish Commercial Bar Association (BICBA)