521 / 736
Section 55 of this Act shall not be payable
(a)
in
respect of the refusal of permission for any dveelopment
that consists of or includes the making of any material
change in the use of any structures or other land" but
the definition section by providing that "use in relation
to land does not include the use of the land by the
carrying out of any work
thereon"
limits
the wide
language of paragraph a. Compensation is not payable
if permission is refused because of a deficiency in water
supplies or sewerage nor is it payable in eight other
cases defined in the sub-section. This sub-section is a
good example of the complexity of modern legislation;
it consists of one sentence containing
(if one treats
numerals as words) 644 words so
that it is easy to
forget the beginning of it before one reaches the end.
Section 58 gives
the Minister power
to
allow
the
payment of
compensation when
sub-section
(1)
of
sections 56 or sections 57 would nrevent this if he is
satisfied that it would not be just and reasonable
to
refuse compensation because of
those provisions.
If
agreement cannot be
reached about
the amount of
compensation,
it
is
to be determined bv arbitration
under the Act of 1919 as if the claim arose in relation
to compulsory acquisition of land and the rules in that
Act
in
relation
to
assessment of compensation are
altered.
An apDlication to the Court for an extension of time
within which to make a claim for compensation under
Part VI of the Act, shall be commenced by the issue of
a Notice of Motion, which shall be in accordance with
Form 2 in the Schedule of TWms to this Order, or such
modification thereof as may be appropriate, and shall
be called an action. The applicant shall e the "laintiff
and the nlanning Authoritv shall be the resDondent.
The Notices of Motion under Part VI in accordance
with Form 2 shall be served before thev are filed. In
the Dublin Circuit onlv, every notice of motion, duly
signed by the solicitor shall state the date upon which
it is desired that the action shall be listed for hearing,
and shall be filed bv the oaintiff in the Circuit Court
Office at
least 21
davs before
the hearing;
in
the
country, the date of the commencement of the sittings
s'lall
be
inserted
instead. When
filed,
the County
Registrar shall enter the Notice of Motion for hearing.
Every notice of Motion shal be filed within seven davs
of service on the nlanning authority, who shall themselves
file a notice, if none is served on them any nlannine
authority wishes to dispute the ^laintiff's claim, he shall
within 10 davs of service, service on the Dlaintiff. a
Hffence in accordance with Form 7. Save bv snerial leave
of the Court, every action under this Act shall be heard
upon oral evidence.
Landlord and Tenant (Ground Rents) Act 1967
Section 22 of the Act provides that an anneal shall
lie to the Circuit Court against any award, order, or
other decision of a County Registrar! in an arbitration
under this Act. Instead of deciding the issue, the Court
may
remit the matter back
to
the original County
Registrar or to another Counv Registrar. An award or
order of the County Regitrar may be enforced as a
judgment, by leave of the Court.
All previous notices served or proceedings taken shall
be valid.
An appeal
to
the Circuit Court under section 22
shall be undertaken bv Notice, of Motion, whirk shall
be called an action, and shall broadlv be in
'anco
with Form 1 of the Schedule of Forms. The appellant
shall be the olaintiff, and the other party be the arbitra
tion shall be
the respondent. The appeal shall state
whether it is from the whole or oarf; of an award or
order.
The rules as to serving and filing are identical with
those under
the Local Government
(Planning and
Development) Act 1963. A copy certified bv the County
Registrar of any award or order appealed from shall be
produced to the Court by the nlaintiff upon the hearing
of the action.
TRANSPORT AND AGRICULTURAL LAW OF
THE EUROPEAN COMMUNITY
Senator Professor Mary Bourke and Mr. Gavan Duffy
represented Irish lawyers at a colloquium under the
auspices of the British Institute of International Law
and of the European Association of Jurists held in the
De Vere Hotel, Kensington, London, from 24th to 26th
March 1970.
Apart from talks in English by Lord Woolley, former
President of the British National Farmers Union, and
Mr. Maes, Research Fellow at the British Institute, all
other lectures were delivered in French by Maitre Louis
Pettiti. Secretary-General of the European Association
of Jurists, Professor Magioux of Paris, Maitre Malezieux,
Maitre Lagarde (Rouen), Maitre Dupuy (Secretary of
the French Agricultural Credit Movement), and Mon
sieur Megret. It was unfortunate that full texts of these
lectures were subsequently not available.
The following would appear to be amongst the most
important points stressed :
1. There will be a tendency to harmonise the law
in the countries of the Community as regards farm
improvements, rights of preference
to purchase
land for young farmers, and imposition of agri
cultural levies.
2. It is intended eventually that there should be a
common agricultural and transport policy in all
the countries of the European Community; it is
only in the realms of agriculture and of trans
port that the Treaty of Rome provides for this.
3. Much of
the future plans for agriculture and
transport in the Community have been stressed in
the Mansholt and Pisani Reports.
4. The countries that endeavour to gain advantages
in their exports in agriculture at the expense of
other countries in the Community will be liable
to heavy penalties imposed by the European Com
mission in Brussels.
5. There will be an inevitable rise in food prices in
most commodities, and
this increase will weigh
hard on the poorer section of the Community. If
market prices are higher, it is unlikely that the
farmers will be better off.
6. The present situation of European agriculture is
unfavourable, and the negotiation of international
commodity agreements would appear to be essen
tial.
7. There
is a surplus of 250,000 cows
in Europe
now, but it is suggested they could be used to feed
under-developed countries.
8. It will be necessary to provide emigrant agri
cultural workers with the same social security