JUDICIAL REVIEW AND COMMERCIAL DEVELOPMENT IN IRELAND AND THE UK: TRENDS & LEGAL CHANGES
AUTHOR – TADGH QUILL-MANLEY, STUDENT AT KING’S INNS
BEST CITATION – TADGH QUILL-MANLEY, JUDICIAL REVIEW AND COMMERCIAL DEVELOPMENT IN IRELAND AND THE UK: TRENDS & LEGAL CHANGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 514-528, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract:
This article examines the evolving doctrine of legality in Irish planning law, with particular emphasis on commercial development, environmental assessment, and the increasing centrality of remittal in judicial review. Recent case law – including Crofton Buildings, Barford Holdings, Fitzpatrick & Daly and Malone & McEvoy – reveals a coherent judicial trend: courts are reinforcing strict compliance with statutory and EU-derived environmental obligations while simultaneously affirming the limits of judicial review through the statutory presumption of remittal. The analysis situates these developments within the broader context of the Planning and Development Act 2024 and the Planning and Development (Amendment) Act 2025, which together signal a significant reconfiguration of Ireland’s consent architecture while retaining core environmental responsibilities. The article also considers the persuasive influence of contemporary UK authorities such as Finch, Swire, Warley, Gerber and Fawcett Properties, highlighting points of convergence and divergence in approaches to environmental assessment, procedural fairness, and the certainty of planning conditions. Across these strands, a modernised doctrinal framework emerges – one grounded in legality, transparency, environmental integrity, and structured judicial oversight. This re-evaluation provides both a conceptual map and a practical guide for practitioners, policymakers and scholars navigating Ireland’s increasingly complex planning landscape.
Keywords: EU, Ireland, UK, Commercial Development, Case Law