The Gazette 1967/71

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