Planning and Development Act 2024

Chapter 2

Costs Relating to Certain Proceedings

Interpretation

291. In this Chapter—

“Aarhus Convention proceedings” means—

(a) Part 9 judicial review proceedings, and

(b) proceedings, other than Part 9 judicial review proceedings, in which an applicant challenges an act or omission by any person that contravenes a provision of this Act, or an enactment made under this Act, relating to the environment,

but does not include—

(i) a claim against any public body acting in a judicial or legislative capacity,

(ii) proceedings, or any part of proceedings, for which damages, arising from damage to persons or property, are sought, or

(iii) proceedings instituted by a body established by or under statute, a local authority within the meaning of the Local Government Act 2001 or a Minister of the Government;

“applicant” includes plaintiff;

“prescribed” means prescribed by regulations made by the Minister for the Environment, Climate and Communications, and “prescribe” shall be construed accordingly.