The planning problems which have plagued the organisers of U2's homecoming concerts should come as no surprise to anyone familiar with the history of staging such events in Ireland. A series of disputes, stretching back to the Feile rock festival in 1995, has created confusion about planning permission requirements.
The first major blow to concert venues came in June 1995 when the High Court ruled that the staging of the Feile festival at Mondello Park, Co Kildare, would constitute "development" and required planning permission.
The following year, the High Court ruled that all future music events at Slane Castle in Meath, which had held outdoor concerts since 1981, also needed planning permission.
These rulings led to the demise of Slane Castle and Mondello Park as concert venues and cast doubt over all stadiums used for such events.
Already this year, one planned concert, the Big Day Out at Castlebar sports grounds in Galway, fell at the planning hurdle as did the proposed U2 concert in Phoenix Park.
Until yesterday's ruling, the understanding was that planning permission for concerts depended on separate agreements with the relevant local authorities.
At Croke Park, up to three non-sporting events can be held each year by the GAA, according to the terms of a Dublin Corporation planning agreement relating to the construction of the new Cusack Stand.
According to the GAA, planning permission is not required for any of these events. But before any concert can go ahead, the GAA must satisfy Dublin Corporation that operational matters relating to crowd control, litter and the use of floodlights are in order.
A GAA spokesman said it had given no consideration to seeking an increase in the number of concerts permitted at Croke Park each year. Given that local residents would be expected to object strongly to further concerts, he said, it was "highly unlikely" the GAA would request a loosening of the regulations.
The RDS has a similar agreement with the corporation, which was confirmed after last year's judgment on Slane Castle.
Earlier this year the corporation told the Dublin venue that the use of the RDS arena for up to three concerts was accepted as part of its ordinary use. Like Croke Park, the RDS liaises with the corporation before a concert takes place.
Mr Shane Cleary, the RDS chief executive, said a complete logistical plan would be discussed and agreed between the corporation, the RDS and concert promoters months beforehand.
He added: "In theory the corporation under many headings could stop something going ahead, whether that's on safety or environmental grounds. They reserve that power."
One possible solution to the planning confusion, he said, would be the introduction of a licensing scheme, operated by local authorities, for concerts. "It's in everybody's interests that this matter is cleared up once and for all," he said.
Pairc Ui Chaoimh in Cork has until now operated under different planning regulations. Earlier this year Cork Corporation referred the planning permission question to An Bord Pleanala.
In its reply, the board said planning permission was not required for one-day concerts at the park but was for events lasting more than one day. The decision came after the Oasis concerts which were held over two days last August in the stadium.
Mr Frank Murphy, secretary of the GAA Cork County board, said yesterday's judgment provided further proof that "the law is not adequately explicit on the situation". As a result, he said "venues don't know where they stand".
"The fact that the High Court ruling has been overturned by the Supreme Court shows that the law is not as comprehensive and explicit as it should be. Legislation is urgently needed to ensure these ambiguities don't continue."
He added: "It's not giving the country a good name when this sort of confusion arises with every decision to hold a concert."
In recent years the only governmental initiatives on pop concerts have related to safety. In January 1996 the Department of Education introduced a voluntary and self-regulatory Code of Practice for Safety at Outdoor Pop Concerts and Other Musical Events.
Last May a draft code on safety was issued on indoor concerts following the death last year of Bernadette O'Brien, a student, who was crushed at a Smashing Pumpkins concert at Dublin's Point Depot.