The Gazette 1993

APRIL . 1993

GAZETTE

Compensation Under the Planning Acts (Continued from page 104) statutory formula before it can be assumed, as a question of fact, that it satisfies the requirement of being understood by members of the public. The Supreme Court in 85 Developments failed to attempt any working definition of traffic hazard or to determine the general principles to be applied in construing non-compensatable reasons. Indeed the judgment only served to exacerbate the situation by relieving the planning authorities from the strict duty to follow the statutory formula. A court must prescribe the legal definition of a non compensatable reason before attempting to resolve whether a particular reason stated is within that definition. The present formulation of the law muddies the waters by concentrating on the factual interpretation of the planning decision, to the detriment of the fundamental legal and constitutional issues involved. A more incisive approach is called for. Unreported judgment of the Supreme Court; 9 April, 1992; Finlay CJ, Hederman, McCarthy, O'Flaherty, Egan JJ. 1. Local Government (Planning & Development) Acts, 1963-1992. 2. Section 55 of LG (P&D) Act, 1963, since amended by the LG (P&D) Act, 1990. 3. [1987] ILRM 659. 4. [1987] ILRM 659 at 664. 5. Ibid 6. At page 5 of the transcript. 7. Per McCarthy J in In re Grange Developments [1987] ILRM 245 at 253 and restated in 85 Developments itself by Finlay CJ at page 12 of the transcript. 8. Central Dublin Properties -v- AG 109 ILTR 69 at 86. 9. Unreported, O'Hanlon J, 8 June, 1988. 10. 78 ILTR 47 at 48. 11. At page 9 of the transcript. 12. Present in the planning authorities decision. 13. At page 6 of the transcript. • Conclusion References

concluded contract between the parties, and the corresponding principle that no such note or memorandum which contains any term or expression such as "subject to contract" can be sufficient, even if it can be established by oral evidence that such a term or expression did not form part of the originally orally concluded agreement, achieves that certainty." Earlier decisions of the Supreme Court in Kelly -v- Park Hall School, [1979] IR 340 and Casey -v- Irish Intercontintental Bank [1979] IR 366 were not followed or their dicta were doubted. A considerable measure of certainty has been restored to this area of the law in so far as the use of the words 'subject to contract' is concerned. However, the difficult question of what the "essential" terms are which must be recited in the note or memorandum still survives. Competition is the life-blood of business; it is the oil which facilitates the wheels of enterprise. Competition entails a struggle, rivalry or contention for custom and business. It is one of the catchwords of our time. Competition law is a relatively new but important branch of the law in Ireland. "Competition is the life-blood of business; it is the oil which facilitates the wheels of enterprise. Competition entails a struggle, rivalry or contention for custom and business." Authority: A Guide to Irish Legislation on Competition has recently been published by the Stationery Office. The purpose of the Guide is to describe competition law in Ireland and the manner in which it is implemented. The rules for competition are described in chapter 2 which cover sections 4 and 5 of the Competition Act, 1991. There is a comparison of the A publication entitled Competition Publications on Competition Law

similarities and differences between Irish and EC competition law. Mention is also made of the Competition Authority which is an important body involved in the implementation of competition policy. Chapter 3 deals with notification and the procedures of the Competition Authority, and describes how an individual agreement may be notified and how the Authority examines a notified agreement and reaches its decision. Other chapters deal with the abuse of dominant position, mergers and takeovers. This Guide can be recommended to practitioners. Business, (1991), published by the Stationery Office, is also available. The Guide is intended to give a broad conspectus of competition policy in relation to undertakings in the EC. It is intended to serve as a guide for firms and trade associations in assessing their obligations and rights under the Treaty of Rome. Again, this is a booklet which can be recommended. These publications may be purchased directly from the Government Publications Sale Office, Sun Alliance House, Molesworth Street, Dublin 2. Details are as follows: Competition Authority: A Guide to Irish Legislation (PI 9199) Price: £4, postage: 72p extra. EC Policy on Competition: A Guide for Irish Business, 4th Edition, 1991, Stationery Office: (PI 8783) price £2.00, postage: 72p extra. • A companion volume, EC Policy and Competition, a Guide for Irish

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