Consultation on the regulation of costs payable in matters prescribed on foot of section 295 of the Planning and Development Act 2024 (Scale of Fees)

The introduction of a scale of fees for environmental judicial reviews is provided for in the Planning and Development Act 2024 (the Act).

A key aspect of the work completed to date is a report setting out proposals for the scale of fees.

The proposed scale of fees would be payable to successful applicants in certain environmental law judicial review cases on foot of section 294 of the Act. The section enables the relevant Minister with the consent of the Minister of Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, to set a scale fees for successful applicants in certain environmental law judicial review cases.

Interested stakeholders are invited to make submissions on the proposals contained in the consultant's report. A list of guiding questions has been provided to facilitate responses.

Part 9 of the Act sets out provisions in relation to judicial review and decision-making in cases to which the Part applies. Chapter 1 of the Part focuses on the judicial review process and the procedures, rules and means for commencing proceedings.

Chapter 2 of Part 9 deals with costs relating to proceedings. The Chapter applies to what are defined as "Aarhus Convention proceedings" (s291).

In terms of the costs arrangements that Chapter 2 puts in place, the starting point is that each party bears their own legal costs. However, this is immediately qualified to facilitate successful applicants recovering their costs from the respondent and/or notice party. In terms of legal costs, the key changes that the Act seeks to introduce are firstly a scale of costs for successful applicants.

The Department of Climate, Energy and the Environment commissioned the attached report to help develop a scale of fees that could be payable to successful applicants in certain environmental law judicial review cases on foot of section 294 of the Planning and Development Act 2024. The main elements of the report are as follows:

1. Separate scales of legal fees are proposed for standard, complex and very complex cases
2. It is proposed that the level of complexity will be considered in terms of legal complexity only
3. It is proposed that the presiding judge will determine the level of complexity of the court case
4. A proposed fees structure is based on a number of trigger points that would take place during the course of the hearing
5. A list of suggested trigger points has been proposed in the report
6. It is proposed that the parties will agree the achievement of the trigger points and the appropriate fee to be paid; in default of agreement between the parties the judge will be the final arbiter
7. Separate fees have been identified for solicitors, junior counsel and senior counsel

The closing date for submissions is 5.30pm on Thursday, 15 January 2026.

Submissions should be sent by email to aarhus@dcee.gov.ie or by post to:

Consultation on the regulation of costs payable in matters prescribed on foot of section 295 of the Planning and Development Act 2024 (Scale of Fees)

Aarhus Convention Team

Department of Climate, Energy and the Environment

Tom Johnson House

Haddington Road

Dublin 4

D04K7X4

Enquiries concerning this consultation can be made to aarhus@dcee.gov.ie

We are committed to engaging with stakeholders in a clear, open and transparent manner.

Any person or organisation can make a submission in relation to this consultation. We will consider all submissions and feedback before we publish the final versions of the consultation.

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• the Freedom of Information Act 2014 (FOI)
• the Access to Information on the Environment Regulations 2007-2018 (AIE)
• the Data Protection Act 2018

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