Planning & Environment Court
Table of contents
- Introduction
- About the Planning & Environment Court
- Frequently asked questions
- Practice directions
- Requirements of the List
- A brief history of the Planning & Environment Court
- Contact details
Introduction
The Planning & Environment Court is a specialist High Court list that hears planning and environmental matters. This page brings together an overview of the Court, requirements for cases in the List, frequently asked questions, a short history, and how to contact the List Registrar.
About the Planning & Environment Court
The Planning & Environment Court is a division of the High Court established by Practice Direction signed by President Barniville with effect from 11 December 2023. The current Practice Direction is HC126. Parties and practitioners should familiarise themselves with this Practice Direction. The judge in charge of the Court is Judge Humphreys, and the other Judges assigned to the List as of November 2024 are Judges Holland and Farrell.
The purpose of the Court is to provide as efficient a processing as is consistent with justice of such planning and environmental cases, and related cases as specified above, as are assigned or admitted to the Planning and Environment List.
Specific goals of the List
- Provide a specialised mechanism to process cases across a comprehensive definition of the planning and environment field, compliant with the Aarhus Convention, the EU law right to an effective remedy and other applicable domestic, European and international standards.
- Provide effective and paperless access to justice for cases within the List and ensure efficient, fair and equitable disposition.
- Where requested by any party, provide such certainty as can be achieved as to costs rules prior to the incurring of inter partes costs.
- Maximise use of resources and minimise costs through case management; minimise multiple interlocutory/interim applications and adjourned substantive hearings so matters proceed expeditiously to hearing and are determined promptly.
- So far as resources permit, provide hearing dates to all cases eligible for a List to Fix Dates (LFD) for a particular term, within the term to which the LFD relates.
- Promote the objective that issues as to the validity of laws or measures of general application are normally dealt with only if other domestic or EU law points are not determinative.
- Balance demands on assigned judges so the court can deliver judgments in a timely manner and, insofar as possible, within a two-month period during term from the date on which judgment is reserved.
Categories of cases within the List
EU law and instruments
Proceedings related to decisions or other acts and omissions involving any of the following EU legislation or their replacements/amendments, including proceedings related to adequacy of transposition:
- Urban Waste Water Treatment Directive, 91/271/EEC
- Nitrates Directive, 91/676/EEC
- Habitats Directive, 92/43/EEC
- Aarhus Convention 1998 as an element of EU law
- Water Framework Directive, 2000/60/EC
- SEA Directive, 2001/42/EC
- National Emissions Ceiling Directive, 2016/2284
- Environmental Noise Directive, 2002/49/EC
- Directive on access to information on the environment (AIE), 2003/4/EC
- Environmental Liability Directive, 2004/35/EC
- Bathing Water Directive, 2006/7/EC
- Groundwater Directive, 2006/118/EC
- Clean Air for Europe Directive, 2008/50/EC
- Marine Strategy Framework Directive, 2008/56/EC
- Waste Framework Directive, 2008/98/EC
- Birds Directive, 2009/147/EC
- Industrial Emissions Directive, 2010/75/EU
- Environmental Impact Assessment (EIA) Directive, 2011/92/EU as amended by 2014/52/EU
- Maritime Spatial Planning Directive, 2014/89/EU
- Drinking Water Directive, (EU) 2020/2184
- Any other EU instrument relating to land use, the marine environment, environmental aspects of agriculture and fisheries, water, species, habitats, climate, air, atmosphere, soil, landscape, genetically modified organisms, archaeological, historic and cultural heritage, or otherwise relating to the environment.
Domestic and other legislation
Proceedings related to decisions or other acts and omissions under the following Irish legislation or their replacements/amendments, including validity challenges or adequacy of transposition of EU law:
- Foreshore Act 1933
- Local Government (Water Pollution) Act 1977
- Environmental Protection Agency Act 1992
- Roads Act 1993
- Waste Management Act 1996
- Planning and Development Act 2000
- European Communities (Access to Information on the Environment) Regulations 2007 (S.I. No. 133 of 2007)
- European Communities (Birds and Natural Habitats) Regulations 2011
- Forestry Act 2014
- Climate Action and Low Carbon Development Act 2015
- Minerals Development Act 2017
- Maritime Area Planning Act 2021
- Statutory provisions referred to in section 4(4) of the Environment (Miscellaneous Provisions) Act 2011, or other legislation providing for development consent or environmental licensing, including infrastructure projects
- Legislation regarding air pollution, dumping at sea, environmental aspects of fisheries, gas, national oil reserves, petroleum, sea pollution or wildlife
- Any other legislation relating to land use, the marine environment, environmental aspects of agriculture and fisheries, water, species, habitats, climate, air, atmosphere, soil, landscape, genetically modified organisms, archaeological, historic and cultural heritage, or otherwise relating to the environment
- Any other legislation giving effect to the above directives or relevant international instruments
Frequently asked questions
Date: May 2025
On this page
- Contacting the court
- Commencing proceedings
- Getting the matter listed
- Adjourning a listing date
- Getting a hearing date
- Lodging papers
- Getting access to ShareFile
- Knowing about your case
- Getting a copy of orders made in court
- Remote attendance
- Fixing mistakes in legal diary / orders / judgments
- The location of the Court
- Other queries
Some terms used
- Monday List (“the List”)
- Schedule of short matters held on Mondays; the main list is currently every other Monday within term.
- Legal Diary
- Online publication of the court’s list. Headings include:
- Leave / ex parte applications
- Call Over of proximate hearings
- Application for date expedited procedure (or other under 1 day)
- At the request of the court
- Motions – first return date or for hearing
- At the request of the parties
- ShareFile
- Online platform for exchanging and sharing documents. Each case has its own folder; participants can apply for access.
- Filing
- Lodging papers in the Central Office of the High Court.
- Motion
- Formal written application to the court filed in the Central Office.
- Affidavit
- Sworn/affirmed statement of facts. A grounding affidavit is used to commence a court application.
- Statement of grounds
- Filed statement setting out the basis for a judicial review application (relief sought, grounds, facts).
- Judicial review
- Procedure mainly used to challenge administrative decisions. Usually involves filing a statement of grounds and a grounding affidavit.
- Applicant / Respondent / Notice party
- Applicant: brings the proceedings; Respondent: party against whom relief is sought; Notice party: party with a significant interest but not the respondent.
- Opposing parties
- Respondent(s) and notice party/parties collectively.
- Document management party
- Party responsible for ensuring papers are in order on ShareFile (normally the applicant).
- List Registrar
- Court official responsible for administration of the List.
- Return date / Adjourned date
- Return date: first date a motion appears in the schedule; Adjourned date: any second or later listing.
- List to Fix Dates
- Specific Monday List where applications can be made (by pre-lodged form) to obtain a hearing date.
- Judicial assistants
- Staff assisting judges; queries should generally go to the List Registrar, not judicial assistants.
- Perfected order
- Order formally drawn up in writing by the Registrar. Not all directions result in perfected orders.
1. Contacting the court
How do I contact the court?
Email [email protected]. The court can assist with procedural matters only and cannot give legal advice. Correspond in a non-contentious manner, do not copy judicial assistants unless requested, and copy the other parties. Any contentious issues should be raised in court.
2. Commencing proceedings
How do I commence proceedings?
Most proceedings are by judicial review. File a statement of grounds and grounding affidavit in the Central Office of the High Court in Dublin. If leave is granted, file a notice of motion. Other case types have specific document requirements in the rules of court.
When you file the required documents, you will be given a record number; include this on all future filings. There is no procedure to institute proceedings save by filing papers in the Central Office and paying stamp duty. Urgent applications may be made in an Intended Action on the undertaking to complete filing and payment subsequently.
More about the Central Office (including a map): Central Office of the High Court.
3. Getting the matter listed
How do I get the matter listed before a judge?
Email the List Registrar at [email protected]. If issued, include the record number, statement of grounds or other initiating document and grounding affidavit. You will be given a listing date.
When are matters normally listed?
The main list takes place every other Monday in term. Check the Legal Diary in advance:
Open the Legal Diary (opens in a new tab) (select “Planning and Environment” and press “Search”).
There is a registrar’s call over at 09:30. The court normally sits not before 10:30. Judge-specific sitting times are set out in the Legal Diary.
The registrar can process consent adjournments/directions/amendments to directions and may direct parties to an appropriate judge if the matter is not dealt with in the main list. Apply the same decorum before the registrar as before the court.
What if my issue is urgent?
For urgent matters (e.g., stays, injunctions, management of an imminent hearing), email [email protected]. If time permits, notify other parties and seek consent. With consent, directions may be given on the papers. Absent consent, the court may propose a pragmatic interim approach pending listing.
My matter is listed in the future, but I need to mention it sooner—what do I do?
Contact the List Registrar, who can usually list the matter or give an earlier date to allow the Central Office to accept your motion.
I obtained leave for JR but missed the deadline to issue the substantive notice of motion—what now?
Ask the List Registrar if the court will direct a new return date on the papers (without prejudice to opposing parties’ positions).
4. Adjourning a listing date
How do I adjourn a listing date?
For Monday matters, if all parties consent, email [email protected] by 2pm on the preceding Thursday. If received by 2pm, the matter will be adjourned. If received after 2pm, the matter will remain on the published list and will be called, but the judge will be informed of the consent so attendance is not required.
If there is no consent, you must attend court on the day to seek an adjournment.
5. Getting a hearing date
How do I get a hearing date?
Complete the checklist on the court webpage, consult other parties, then submit the form to [email protected] requesting a listing. Download the form at the foot of: Planning & Environment List.
If the hearing estimate is one day or less (e.g., expedited procedure), you may request listing on the next or any Monday List to fix a date—you do not need to wait for the next List to Fix Dates.
If the estimate exceeds one day, the matter will (save exceptional urgency) be listed at the next List to Fix Dates, held roughly every one to three months. Submit the form at least seven days in advance.
The Court will list matters in a “virtual” sitting unless and until the completed checklist is received at least one week in advance. The virtual sitting (scheduled for the Friday prior) is administrative only; no court sits that day. Matters without a checklist are moved to a future virtual sitting.
6. Lodging papers
What is ShareFile? It is the secure online platform used for uploading and managing case papers.
Do I need to upload papers? Unless directed otherwise, each party must upload its own papers. The document management party (normally the applicant) must ensure order and completeness. Files should be searchable PDFs; filenames must comply with PD126 (§37, §43). Guidance: papers & ShareFile guidance.
Who is responsible overall? The applicant is the default document management party unless the parties agree or the court orders otherwise.
Another party hasn’t uploaded or used the right format—what now? Raise it with them first. If the document management party can rectify, it should. If not, raise with the court.
Do I provide hard copies? No, unless directed. If a judge needs hard copy, they will inform the parties.
I’m self-represented and struggling with ShareFile. Check access with the registrars. If unresolved, ask another party to upload; if they decline, request listing for directions. The court may direct another party to take on the role.
I represent an interested party but cannot file because my client isn’t in the title. Contact the List Registrar for a direction permitting filing (often granted on the papers, without prejudice). To be joined formally as a notice party, inform other parties and seek consent.
7. Getting access to ShareFile
I’m instructed in a case—how do I get ShareFile access? Email [email protected].
8. Knowing about your case
How do I know when proceedings are next before the court? Use the High Court Search to view listing dates, filings, orders and judgments: High Court Search (opens in a new tab).
If no future date is shown and the matter remains live, email [email protected] to obtain a date. If the Search or Legal Diary entries appear inaccurate, inform the List Registrar.
9. Getting a copy of orders made in court
How do I get a copy of an order? For perfected orders, request a plain copy by emailing [email protected]. More information: After Court – High Court. Not all directions result in perfected orders (e.g., case-management directions are normally recorded rather than embodied in a formal order).
10. Remote attendance
Can I or my client observe proceedings remotely?
- For remote court connection for practitioners, consult: Bar of Ireland – Connect (opens in a new tab) and Law Society – Remote hearings (opens in a new tab).
- Listings are, insofar as possible, hybrid. Speaking-role participants may attend physically or online.
- Observation-only access (no speaking role) to the main P&E list and any ADV matter before Mr Justice Humphreys: Remote observation link (opens in a new tab).
- Observation for other judges will be facilitated where technically convenient—contact registrars.
Note: Recording of court sittings is strictly prohibited.
11. Fixing mistakes in legal diary / orders / judgments
There’s a mistake in the Legal Diary—what do I do? Contact the List Registrar. If listed before the wrong judge, raise it in advance. For administrative matters (e.g., fixing a date) a case may be listed before any judge.
There’s an error in an order or judgment—how do I fix it? First, propose corrected wording to other parties. If agreed, inform the List Registrar—correction may issue on the papers (e.g., under the slip rule). If not agreed, request Monday listing before the relevant judge.
12. The location of the Court
How do I find a particular court in the Four Courts? See: Maps – Four Courts. Note: Courts 24, 25 and 26 are accessed via the Chancery Place entrance.
13. Other queries
I’m a regular user and want notices/updates. Email the List Registrar to be added to the circulation list.
I have another query. Contact the List Registrar.
Requirements of the List
Review Practice Direction HC126. From time to time, guidance notes or bulletins may be issued by the Judge in charge of the List and will appear here or be incorporated into HC126.
Requests for access to a remote hearing (other than links supplied to parties/legal representatives) should be sent to [email protected].
To join the circulation list, email [email protected].
For judicial assistant contact details, see the Legal Diary (opens in a new tab).
A brief history of the Planning & Environment Court
- June 2020: Programme for Government envisaged a Planning & Environment Court.
- Oct 2020: Commercial Planning and Strategic Infrastructure Development (SID) List established (Judge Humphreys). PD HC96 introduced core grounds.
- Jan 2021: PD HC103 introduced default leave terms.
- Apr 2021: Core book of pleadings required.
- Jun 2021: PD HC107 required electronic lodgement via ShareFile; formalised core book.
- Oct 2021: Judge Holland assigned.
- Apr 2022: Large-scale residential development added by addendum.
- Sep 2022: PD HC114 transferred admission of cases to the List itself.
- Nov 2022: Government supported establishing the P&E Court.
- Apr 2023: PD HC119 restructured the list; broadened environmental coverage; streamlined authorities.
- Oct 2023: Judge Farrell assigned.
- 11 Dec 2023: P&E Court formally established by PD HC124 (removed commerciality; costs-protection management; default directions schedule).
- Apr 2024: PD HC124 recast—certain matters on the papers; automatic LFD listing post-pleadings.
- Jun 2024: PD HC126 adopted—default document-management by applicant; standard (2–3 day) and expedited (3.5-hour) procedures.
- Nov 2024: Standard list of authorities published on the P&E Court webpage.
- Dec 2024: Users’ Group (17 members) established.
- Mar 2025: Live online observation channel established for the main list.
- Apr 2025: Court webpage redesigned; user feedback exercise launched.
Contact details
List Registrar: [email protected]
Please do not copy judicial assistants unless requested to do so. For judicial assistant contact details see the Legal Diary (opens in a new tab).
