The Gazette 1984

GAZETTE

JULY/AUGIJST

19

BOOK REVIEW Planning and Development Law by The Hon. Mr. Justice Edward M. Walsh. Second Edition by The Hon. Mr. Justice Ronan Keane. The Incorporated Law Society of Ireland. Price £15.00. Law thrives on tension — up to a point anyway. For the past few years Local Authorities have been writhing in the grip of the Planning Acts, and the struggle has resulted in extensive and substantial changes in the law — so much so that a new edition of the late Judge Walsh's book is entirely justified. The first edition was published in 1979. Since then, the Planning Acts of 1982 and 1983 have been enacted. Offences against Section 24 of the original Act, which is the ordinary controlling provision directed against unauthorised development, have become indictable offences, and the penalties have been enormously increased. Section 27 of the 1976 Act, which was probably designed for infrequent use in special cases, has been widely and frequently employed and the High Court has shown no reluctance to enforce and develop the new procedure. This is fortunate in so far as it relieves Planning Authorities to a great extent from the problems associated with Enforcement Notices. There have been other important changes. Withering Planning Permissions have been introduced, significant changes have been made in the planning appeals procedure, planning fees have been imposed, An Bord Pleanala has been totally reconstituted and its powers extended. In addition, there have been a number of important judicial decisions as, for example; The State (Pine Valley Developments Ltd.) -v- Dublin Count v Council [1982] 2 ILRM 169, O'Neill -v- Clare County Council [1983] 3 ILRM 141, Byrne -v- Dublin County Council [1983] 3 ILRM 213, and many others, (some unreported, but fully noticed in the book under review). In the light of all this, the new edition is timely and welcome. As one would expect, there are no radical changes. The general format and presentation is similar. The pages are slightly smaller, but there are more of them and the text is clearly printed and well arranged. It is easier to find your way around the new edition. The book benefits greatly from the fact that both the late Author and the Editor share a gift for brief lucid exposition and sensible comment. One gathers that the affection and esteem in which the late Judge Walsh is held, played a part in the obvious care and attention to detail which make the new edition valuable and a worthy tribute to the distinguished and lamented author. Building Bye-laws and control under the Housing Act, 1969, are now dealt with more naturally in a separate chapter. There is a new section on the Local Government (Water Pollution) Act, 1977. There is a new Chapter entitled "Other methods of securing planning objec- tives" — which sounds a bit sinister, but lawful methods only are discussed. A Judge of the High Court in full career must sometimes feel inhibited in discussing current legal matters, and particularly matters which have come under the notice of the Supreme Court as well as of his brethren on the bench. The academic writer can give free expression to his views provided he propounds them with

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