The Gazette 1991

NOVEMBER 1991

GAZETTE

Irish Planning Law and Practice. O'Sullivan and Shepherd. Butterworths (Ireland) £95.00 Looseleaf Current Irish planning law, given birth to by the 1963 Act, grew slowly in its initial stages. With the passing years it developed with increasing momentum until, fuelled by the seemingly endless legislation and judicial interpretation of recent years, it now represents something akin to a raging torrent to which no brakes can be applied. While this complex web, which continues to grow, creates enormous compliance diffi- culties it must nevertheless be wel- come as it does no more than reflect the wishes and aspirations of a developing, forward-thinking society which is conscious of its environ- ment and the need to protect it. One wonders how the late, fondly remembered and sadly missed, Mr. Justice Eamonn Walsh, author of the first text book on Irish Planning Law in 1979*, and probably the first person to explore the 1963 Act in depth, would react to the current state of affairs. Welcome as this increasing body of law may be, it must, if it is to be effective, be presented in a lucid and comprehensive manner which is accessible to all. The authors of Irish Planning Law & Practice have not alone achieved this but have provided, in the loose leaf format of the text, a facility for keeping it constantly up to date. Indeed, the text had to be updated with the addition of the recent controversial Radio Tara Supreme Court decision in the interval between being sent to the printers and publication. Wt h the benefit of past experience this facility will be availed of on a regular basis. Divided into ten cons t i t uent sections Irish Planning Law & Practice not only brings the authors' previous publications up to date but extends them to include for the first time comprehensive sections dealing with the growing areas of Environmental and Euro- pean Community law. The law relating to pollution, toxic waste and environmental impact assess- 328

ments amongst others, products of a growing awareness, is fully set out. The addition of a Practice Guide and the Advice and Guidelines of the Department of the Environment to Planning Authorities are a most useful aid to all those who embark or adjudicate upon planning applications. It is regrettable however that the latest statistics provided are for 1981. The relevant case law is con- veniently added at the end of each section and makes for easy assimi- lation. The time involved in searching for authorities is consequently cut to a minimum. The advantage of all case law pertinent to a problem being available in one place cannot be over-stressed. One of the great benefits of the lay-out of this text is the ease with which one can find the appropriate reference for the question in issue. For the lawyer, the planner and for all others whether they have a detailed requirement or merely a passing interest, Irish Planning Law & Practice provides the entire frame- work within which Irish Planning Law currently operates. The authors are to be congratulated on the for- midable task they have undertaken and so successfully completed. Would that similar text in all other areas of Irish law were availabla *Planning & Development Law Stephen Mi/ey Judgments of the Court of Criminel Appeal 1984-1989. Edited by Eithne Casey, The Round Hall Press, 1991, 322pp. Hardback, IR£65. Democratic societies put their trust in a system of criminal laws to punish lawless conduct. In an effort to avoid personal feuds and violent vendettas, society is structured so that citizens are encouraged to expect that wrongs against them will be vindicated in the courts of the land. Justice Hugo L. Black in Bell-v- Maryland 378 US 226, 328 (1964) stated that the worst citizen

no less than the best is entitled to equal protection of the laws of his State. This book is a testament to the proposition that the worst citizen of the State is entitled, and in fact receives, the protection of the laws of Ireland. Judgments of the Court of Criminal Appeal 1984 - 1989 is the third volume in the series inaugurated by the late G.L. Frewen, a former Registrar of the High Court and of the Court of Criminal Appeal. The first volume contains a compilation of important judgments of the Court of Criminal Appeal during the period 1924 - 1978. In 1984 Mr. Frewen updated the earlier volume up to 1983. Both of these volumes, cited as 1 Frewen and 2 Frewen were published by, and are available from, the Incorporated Council of Law Reporting for Ireland, Four Courts, Dublin. This present volume, 3 Frewen, edited by Eithne Casey, barrister-at- law, brings up to 1989 the publi- cation of significant judgments of the Court of Criminal Appeal. The book is divided into three parts. Part I contains previously unreported judgments in the period 1984-1989. Part II contains ex tempore judgments for the same period and Part III contains headnotes of cases reported in the Irish Reports and the Irish Law Reports Monthly during the period 1984 to 1989. It has been said that the natural leaning of many judges is in favour of prisoners. Lord Kenyon, CJ in King -v- Suddis (1800) 1 East, 314 noted t hat there had been complaints that judges had given way too easily to mere formal objections on behalf of those charged with criminal offences. Lord Hale considered this extreme facility "as a great blemish, owing to which more offenders escaped than by the manifestation of their innocence." (2 Hale 193). This third volume in the Frewen series is an essential reference work for anyone involved in Criminal Law. Eamonn G. Hall