143 / 424
GAZETTE
MAY/JUNE
1995
Pictured at the launch of "Environmental
and Planning Law" are from left to right: Dr.
Yvonne Scannell,
author;
Gerard
Bohan, Arthur Cox Solicitors
and Brendan
Howlin,
Minister for the
Environment.
which they seek to achieve are not
already a part of our domestic
legislation.
Dr. Scannell is not slow to point out
that the State has been less than even
handed in the manner in which it has
sought to implement directives which
have negative financial and other
consequences for itself. In this
context, she deals as best she can,
with Ireland's approach to
environmental management and the
remedies available for environmental
protection. She draws attention to
earlier mistakes, many of which have
not been fully corrected. She cites
instances such as the encouragement
of open grates in Dublin during the
oil crisis, intensification of farming
and silage making without adequate
pollution control, programmes for
arterial drainage without a
thought for wildlife and wet lands
and the Money Point development
carried out by the E.S.B. without any
requirement for controlling polluting
emissions. The remedies available for
environmental protection are, to
some extent, to be found in the
Constitution, but to a greater extent in
the Law of Torts and in Statute Law
and Statutory Instruments which are
comprehensively dealt with later on
in the book.
Dr. Scannell's work deals with
environmental issues but as the title
suggests, there is also a significant
and scholarly review of Planning
Law. The chapters on Land Use
Plans and on Development Control
will be familiar to many with
special interest in Planning Law, but
the emphasis here is on the
relationship between Planning and
Environmental Law and the work
takes a fresh and helpful look at this
relationship.
A separate chapter has been devoted
to "Special Controls" and this makes
fascinating reading. The book is full
of interesting information and it is
certainly significant to realise that
there are between 150,000 and
200,000 pre-1700 archaeological sites
and monuments in Ireland. Be on the
alert if you are acting in the purchase
of building land! The National
Monuments Act of 1930-1934 offers
considerable protection for these sites.
Reference is also made to the Derelict
Sites Act 1990, the Forestry Acts
1948 to 1988, the Foreshore Act of
1933 and to many other Statutory
Controls which are briefly but most
usefully summarised.
Environmental Impact Assessment is
well covered. The aim here is to
prevent pollution to the source within
the EU and to make the polluter pay.
This form of Planning Control tries to
ensure that the environmental
implications of the proposed
development are considered at the
earliest possible stage in the planning
process. The circumstances in which
Environmental Impact Assessment is
required is explained in this book and
the wide ranging implications of this
relatively new piece of legislation
may not be appreciated by all
practitioners.
Dr. Scannell has undertaken a
comprehensive review of water
pollution and has devoted almost 86
pages of her work to this important
subject. Atmospheric pollution, waste
disposal and noise pollution are dealt
with also.
Environmental and Planning Law by
Dr. Yvonne Scannell is a volume
which should find it way into every
Solicitor's Office. It is extremely
readable and unlike some volumes in
the planning field, this book is "user
friendly". The headings, the index, the
Case Law references and the Statute
Law References are easy to follow
and well set out.
This text book arrives at a time when
environmental issues are becoming
increasingly important and relevant to
the practice of Law. It is equally
valuable to the sole practitioner
working in a peaceful country
town as it is to the library shelves of
the larger city firms. It covers
environmental issues which affect
many diverse interests such as
farmers, developers, residents
associations, multi-national
companies and major operations
carried out by the State. Dr.
Scannell's work will be of invaluable
assistance to our profession.
John
Gore-Grimes
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