Planning & Environment:
As the planning process becomes more complex, it is increasingly important to obtain legal advice at the earliest possible stage. We have extensive experience in guiding our clients as they participate in the environmental regulation (including waste) and planning process, both as applicants and also as objectors. We provide advice and assistance in preparing submissions and appeals within permitted time limits, attending at oral hearings both before An BordPleanala and the EPA, and advising in relation to possible legal challenges arising from decisions made.
Judicial Review is the only legal remedy to challenge a decision of An BordPleanala or the EPA. There are very strict time limits within which judicial review may be taken. We have the experience, skills and resources to ensure that the necessary pleadings are issued and served within the appropriate timeframe. As failure to do so will result in a case being statute barred.
Enforcement cases taken under Section 160 of the Planning and Development Act allow for an application to either the Circuit Court or High Court for a planning injunction, in circumstances whereby a person is concerned about a development which is being carried out without planning permission or where there is non-compliance with the conditions attached to a grant of planning permission. We have wide access to and work closely with planning consultants and specialist environmental engineer.
Wicklow County Council v Fortune;
Hunter v Nurendale
McCoy v Shillelagh Quarries
Compulsory Purchase Orders
A compulsory purchase order commences a legal process which allows land be acquired against the wishes of the landowner. There is considerable likelihood that your property will be compulsorily acquired and in order to ensure that there is minimum interference to remaining lands and that the minimum amount of land is acquired, it is necessary to seek legal advice at the earliest possible opportunity.
O’Connell & Clarke Solicitors have considerable experience in representing clients throughout the CPO process, from drafting the initial objections, engaging expert evidence and presenting their case at the An Bord Pleanala oral hearing. Furthermore, we will instruct an experienced valuer on your behalf who will prepare a claim for compensation in the event that the CPO is confirmed. We will represent you throughout any negotiations of a settlement and the arbitration. All necessary legal fees are paid by for the landowner as part of the CPO scheme and we act for all our clients in this process on the basis that we will recover the fees from the acquiring authority. It should not costs a landowner to have their land purchased against their will.
Nuisance
A private nuisance is an interference with a person’s enjoyment and use of his/her property. The law recognises that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation.
Examples of nuisances are foul odours, noxious gases, dust and noise disturbance.
We have successfully prosecuted environmental nuisance claims for individuals and community groups affected by various forms of disturbance. We have particular expertise in environmental nuisance claims caused by landfill sites and factories. In addition we have experience in dealing with health impacts of environmental hazards such as illness or injury caused by exposure to pollution, high magnetic fields and gas emissions.We have been able to help our clients by securing agreements to protect their homes against environmental damage and obtaining compensation for damage caused.
Trespass
An action in trespass can be taken in circumstances where there is an invasion or contamination of your property by a third party. Whether the third party physically invades your property or takes action that could be construed as contamination and invasion (such as rubbish dumping on your property) this would all come under the umbrella of trespass law.
Damages can include compensation for clearing the contamination, damages, decreased property values and personal injury
Although compensation may be awarded in cases of this nature the primary objective would be to have Court orders made to restore lands to their original condition in so far as this is possible.
Landowner Agreements with Windfarm Developers
We advise clients who own land in/ around proposed windfarm developments. We will advise you on- how the proposed development will affect your property and property rights, landowner consents/ agreements, as well as issues concerning easements, wayleaves and rights of way.
Rights of Way / Boundary Disputes
We have a proven track record in relation cases involving land disputes. This type of ligation can be very contentious and stressful as it can often involve neighbours. We will give you advice as to the strength of your case and if the matter cannot be resolved pre- litigation, we will engage an excellent team of expert witnesses, to include surveyors and cartographers, on your behalf.
Ann Madigan and James Madigan v Marion, Sean and Kathleen Maureen Reuter.
Walker v Lennach& Barry.
Land Law
Rights of Way / Boundary Disputes
We have a proven track record in relation cases involving land disputes. This type of ligation can be very contentious and stressful as it can often involve neighbours. We will give you advice as to the strength of your case and if the matter cannot be resolved pre- litigation, we will engage an excellent team of expert witnesses, to include surveyors and cartographers, on your behalf.
Ann Madigan and James Madigan v Marion, Sean and Kathleen Maureen Reuter.
Walker v Leonach& Barry
Landowner Agreements with Windfarm Developers
We advise clients who own land in/ around proposed windfarm developments. We will advise you on- how the proposed development will affect your property and property rights, landowner consents/ agreements, as well as issues concerning easements, wayleaves and rights of way.
General Practice:
• Conveyancing-
We act for clients in relation to the selling and buying of property. We will advise you at all stages of the conveyancing process. We will agree fees in advance, review title documents prior to Auction, draw down mortgages and perfect security.
• Personal Injury Litigation-
If you have been involved in an accident you have 2 years from the date of the accident to lodge a claim with the Injuries Board. We will engage with the proposed defendants and will liaise with the Injuries ur behalf so you do not have to. If your claim is not assessed by the Injuries Board or you are not happy with the assessment of damages we will advise you in relation to issuing proceedings in the Circuit or High Court.
• Debt Collection/ Enforcement/ Repossessions-
We act for private individuals, SME’s and Lenders in relation to debt collection and mortgage enforcement matters. We have been involved in a number of very satisfactory settlements being reached with a number of lending institutions on behalf of individuals facing repossession proceedings.