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GAZETTE
SEPTEMBER 1988
Book Reviews
A GUIDE TO PLANNING
LEGISLATION IN THE
REPUBLIC OF IRELAND.
By Kevin Ingram Nowlan
B.Sc.B.E., Barrister-at-Law.
Pub l i s hed by t he I n c o r p o r a t ed
L aw So c i e ty of Ireland.
Price £ 2 7 . 5 0
This book, t hough not specifically
so described, is for all practical
purposes a second edition of Mr.
Nolan's
A Guide to the Planning
Acts,
wh i ch was published in 1978
and is well k nown to the legal
profession here and which, I have
no doubt, is found useful also in
other disciplines connected w i th
property and planning. Ever since
1978 the original volume has been
a convenient, accurate and sensible
guide to most planning matters.
The new book includes the texts
of all the Acts and all the important
Regulations so it is sufficiently
comprehensive to cover ordinary
requirements. It will provide the
answer to many everyday ques-
tions about planing and develop-
ment law and will give useful
guidance towards further research
in more difficult matters.
The Local Government (Planning
and Development) Acts 1963-1983
now comprise four distinct Acts
( 1 9 6 3 - 1 9 6 7 - 1 9 8 2 - 1 9 8 3 ). The
principal s t a t u t o ry Regulations
were made in 1977 but there are at
least eight sets of amending and
subsidiary Regulations extending
up to S.I. No. 130 of 1985. There
has also been in the ten years since
the original
Guide
was published a
fair number of important decided
c a s es dea l i ng w i t h p l a n n i ng
matters. Perhaps one could be
forgiven for thinking that the case
law has complicated rather than
clarified some of the issues.
Mr. Nowlan's book takes the
f o rm of a series of annotated
statutes and statutory regulations.
The case law is briefly referred to
in these notes. This treatment is
convenient in practice and the
a n n o t a t i o ns are h e l p f ul and
accurate and about right in terms
of length and degree of detail —
even if the print is a shade too small
for comf o rt at times. The constant
reference to the very wo r ds of the
Statute and the exposition of the
material in the framework and
format of the Act helps to familiar-
ise the reader w i th the outlines and
mutual relations of the various
elements in what is a fairly tightly
organised statutory code and I
wou ld see this as an advantage as
it involves constant contact w i t h
and exposure to the actual opera-
tive words. Familiarity w i th and
respect for the enacted words is,
surely, an important step towards
the understanding and effective
operation of legislation of this kind.
The
Guide
of 1978 was a book
of about 2 20 pages. The present
volume (in a slightly different
format) runs to almost 4 0 0 pages.
The principal differences are the
inclusion of the post-1978 Planning
Acts and the printing of the full text
of the significant Regulations. The
explanatory notes, the most impor-
tant part of the book, have been
revised to take account of the
extensive case law in the last ten
years, as well as the statutory
changes. There were 24 Irish cases
cited in 1978, now there are 75 and
the number of reported cases is
growing all the time. The latest
case mentioned in the Addenda in
this book is
The State (F.P.H.
Properties
S.A.) -v- An
Bord
Pleánala
decided by the Supreme
Court in December, 1987, so I
wou ld think that the book can be
relied upon as stating the law at the
end of 1987.
This is essentially a practical
work of reference rather than a
learned and critical dissertation on
planning law. Mr Nowlan usually
indicates only the existence and
general relevance of the cases cited
and t hose citations f r equen t ly
indicate the necessity for and
direction of further enquiries. In
matters of any complexity it will be
necessary to refer to the actual
judgments and beyond. Mr. Nowlan
does not claim to be more than a
guide, a resource of first instance,
but in its own terms his book is
judicious, helpful and up-to-date.
The modest, business-like manner
of the 1978 book was attractive
and the same good qualities are to
be found in the current volume.
There is no doubt that the judge-
made law has been growing in
vo l ume and i mpo r t an ce since
1978. Cases like
Grange Develop-
ments
Ltd. -v- Dublin
County
Council, Dublin County Council
-V-
Shortt,
and
the State
(Abenglen
Properties
Ltd.)
-v-
Dublin
Corporation
raise fairly complex
ques t i ons wh i ch do not lend
themselves to summary treatment.
All things considered however Mr.
Nowlan's approach is valid and
useful and as a readily accessible
source of information and guidance
in the planning field his book is
highly satisfactory.
The recent recession took some
pressure off planning law and
practice, but current indications are
that pressure is building up again.
Significant changes are expected in
the matter of planning compen-
sation and perhaps also in relation
t o t he p r ese r va t i on of listed
buildings and the burden of paying
for such preservation. There could
well be an interesting encounter
between planning law and the
Constitution and some of the
issues that were canvassed in the
Central
Dublin
Development
Association
case
of 1969 may
come to life again. Mr. Nowlan's
book does not address these issues
but it p r ov i des a c on v en i ent
introduction to what may well
becom an urgent and difficult
complex of problems.
William Dundon
EQUITY AND THE LAW OF
TRUSTS IN IRELAND
By the Hon Mr Justice Ronan
Keane.
Pub l i s hed by B u t t e r w o r t h s,
Price £ 3 2 . 5 0
When your reviewer retired f r om
practice he gave his precious copy
of Kiely,
Principles of Equity,
to his
solicitor son, who no doubt regard-
ed it as a family heirloom rather
than a useful professional tool.
Over f i f ty years have passed since
the late T.O'Neill Kiely published his
work. In almost t wo generations
t he principles of equ i ty have
developed on a broad front to meet
the changing times. A new book
was well overdue. Practitioners and
students are most fortunate that an
author of Judge Ronan Keane's
distinction and erudition should
have f i l l ed t he l a c una. Bo th
branches of the profession are
already indebted to the learned
Judge for sharing w i t h us his vast
knowledge of Local Government,
Planning and Company Law. Most
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