149 / 322
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
INTER
COMPANY
COMPARISONS
Company Office Searches
Document Registration
it
Miscellaneous Searches
it
Company Seals
*
Company Registers
it
Share Certificates
^
Copies of Statutory Documents
•
Contact us for all your Company Requirements
We are situated next to the Companies
Registration office and guarantee
a prompt, efficient and competitive
service.
y ^ ^ S ,
INTER
/ f C O M P A N Y
/ / i f T j f l l J j j
COMPARISONS
^ ^ ^^
^ / y
I.C.C. House,
17 Dame St.,
Dublin 2.
Tel: 716477
Telex: 24888 D.D.E. 165.
141