The Gazette 1988

GAZETTE

SEPTEMBER 1988

Book Reviews

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 Corporation

Ltd.)

-v-

Dublin

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

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

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