The Gazette 1983

GAZETTE

APRIL 1983

satisfactory and the way in which it is being enforced has

attracted favourable attention from trade and consumer

organisations in this country and overseas.

The symposium, which was "chaired" by Mrs Mo y a

Quinlan and John F. Buckley, closed after a useful

discussion session with a tribute to the Society from Peter

Owe n s, chairman and governing director of Peter Owe ns

Ltd, for its public spirit in organising symposia of this type.

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Practice Note

Exempted Development

The Joint Commi t t ee of Building Societies' Solicitors

and the Law Society has issued the following Practice

No t e, which is intended to replace in its entirety the note

which

appeared

as Practice

No te

(2)

the

Re c omme nd a t i o ns of the Joint Commi t t ee issued as a

s upp l ement with the January-February Gazette, 1982.

By virtue of Regulations made in 1 9 64 under the Local

Government Planning & De v e l opme nt A c t 1 9 6 3, an

extension (of up to 1 20 square feet in the case of a single-

storey, or of up to 1 80 square feet in the case of a two-

storey) added to the rere of a dwellinghouse which

complied with the other criteria was "exempted develop-

ment".

Und er

the

Local

Government

(Planning

De v e l opme n t) Regulations 1 9 77 (S.I. N o . 65 of 1 9 7 7 ),

which c ame into effect on 15th March 1 9 7 7, the exempt-

ed area of an extension was extended to 18 square metres

and the distinction in area between single and two-storey

extensions was removed.

The 1 9 77 Regulations also introduced as an exempted

development the conversion of a garage attached to the

rere or to the side of a dwellinghouse.

Und er

the

Local

Government

(Planning

De v e l opme n t) (Ame ndme n t s) Regulations 1 9 8 1, which

c ame into effect on 1st Ma y 1 9 8 1, the area of exemption

for an extension was extended to 2 3 square metres.

A great many conveyancing transactions involve

houses which have been extended or the garage converted

and it frequently arises that an extension would not have

been an exempted development under the Regulations

applicable at the time it was built (or, in the case of a

garage, at the time of conversion) but, in fact, would be

exempted development if carried out now.

The Committee has considered the position carefully

and particularly the fact that it is the intention of the

Minister for Environment that Planning Authorities

should not be concerned with matters relating to exten-

sions or conversions that c ome within the current guide-

lines. The Committee accordingly recommends that

solicitors for purchasers and mortgagees should not insist

upon application being made for permission to retain the

structure or conversion, provided that an appropriate

Certificate is furnished to verify that the extension would

be exempted development under current regulations.

It is almost inevitable in such a case that no Building

Bye Laws Approval would have been obtained (in areas

where they are applicable). It is important to note that

compliance with Building Bye Laws is a condition of the

entitlement to the exemption and this should be carefully

dealt with in any Architect's Certificate. •

Comme n t . .

• ( Co n t i n u ed f r om P. 5 5)

differ considerably from the "going rate" for a

"defendant's" judge.

This report in all its recommendations is thought

provoking, particularly for the c ommon law practitioner.

One hopes that its recommendations will gather less dust

than its sister O'Connor Report in 1 9 7 2. t

•Prices Advisory Committee (Motor Insurance) Report of Enquiry into

the cost and methods of providing Motor Insurance 1982 (PI 1323).

t Committee of Inquiry into the Insurance Industry — Interim Report on

Motor Insurance, 1972 (Prl 2843).

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