The Gazette 1977

GAZETTE

JULY

SOCIETY OF YOUNG SOLICITORS

THE LOCAL GOVERNMENT (PLANNING-

DEVELOPMENT) ACT 1976

Summary of a Lecture delivered by Richard

Woulfe, Solicitor, Limerick Corporation, to

the Society on 24th April 1977

In this age of jubilee, centennial and bicentennial

celebrations it is indeed noteworthy that Richard

Woulfe's lecture was the 100th lecture delivered to this

Society. In retrospect one might have expected the

Society's first colour script to have reared its head on

such an occasion; perhaps when the 200th lecture is

delivered the then committee might consider whether or

not the script should be accompanied by a full page pullout

colour picture of the lecturer! Further suggestions on this

particular point would be most gratefully received.

At Mr. Woulfe's suggestion the Society had made

available at the lecture copies of the Local Government

(Planning and Development) Regulations 1977 (Statutory

Instrument No. 65 of 1977). After a brief historical outline

of the planning laws in this Country, Mr. Woulfe

proceeded with an analysis of the 1976 Act and the 1977

Regulations.

The Local Government (Planning and Development)

Act 1963 required planning control on a nationwide basis

and all development as defined in Section 3 of the 1963

Act was forbidden in the absence of a permission by the

Local Planning Authority or, on appeal, by the Minister

for Local Government. A development carried out before

1st October 1964 (being the date on which the 1963 Act

came into force) was exempted development.

With the passage of time some inadequacies in the

1963 Act became apparent, certain Court decisions

interpreted the Act in such a way as to render its

administration difficult and the Appeal procedure to the

Minister provoked much adverse comment.

Consequently, the 1976 Act is primarily a remedial

measure and its greatest single feature is the establishment

of An Bord Pleanala to assume nearly all of the appellate

functions of the Minister.

Although the 1976 Act was passed on 5th July 1976 it

was brought in piecemeal by the following Statutory

Instruments each entitled "The Local Government

(Planning and Development) Act 1976 (Commencement)

Order

S.I. No. 166 of 1976

S.I. No. 227 of 1976

S.I. No. 308 of 1976

S.I. No. 56 of 1977.

Statutory Instrument No. 307 of 1976 appointed 1st

January 1977 as the establishment day for An Bord

Pleanala. Statutory Instrument No. 56 of 1977 brought

all the remaining sections of the 1976 Act into operation and

all the regulations are now gathered together in the Local

Government (Planning and Development) Regulations

1977. In view therefore of an element of codification the

practitioner will now mainly be concerned with the 1963

Act, the 1976 Act and the 1977 Regulations.

Planning Laws are now becoming an even more

important part of a solicitor's work. For some time

Planning was not treated by the practitioner as a matter of

title but in recent times and in particular since the

introduction of the Incorporated Law Society's new

Contract for Sale which provides by way of a general

condition that in the absence of a special condition to the

contrary the Vendor warrants that planning permission

has been obtained for any development (other than

exempted development) that has taken place on the

property in the five years immediately prior to the date of

sale, the practitioner is concerned with Planning as a

matter of title and should satisfy himself before issuing

Contracts for Sale as to whether or not there has been any

development or alteration to the premises within the

specified time.

The primary clauses of the 1976 Act with which the

practitioner need be concerned are as follows:—

Sections 1-24. These sections are primarily concerned

with the establishment of An Bord Pleanala, its structure

and administration.

Section 27. Where development is taking place without

the required planning permission, or where development

is being or has been carried out otherwise than in

compliance with a planning permission or where

unauthorised use is being made of land, the Planning

Authority or any person (whether or not that person has

an interest in the land) may apply to the High Court for

an Order prohibiting the continuance of the development

or unauthorised use or directing any person to comply

with the terms of the permission. The procedure for such

an application is laid down in the rules of the Superior

Courts (No. 1) 1976 (Statutory Instrument No. 286 of

1976).

Section 29. This Section introduces the concept of the

wasting planning permission and came into operation on

1st November 1976. Five years from that date any

planning permissions then existing will cease to have

effect and any permission granted since 1st November

1976 will automatically lapse five years from the date on

which it was granted. If the development has not been

commenced during the five year period it cannot be

commenced without a fresh application and permission or

an order extending the time while if it has been

commenced but not completed, the part uncompleted at

the end of the five year period stands denuded of its

permission. There is a saver in sub-section (2) to ensure

that developments which are substantially completed are

not left unfinished.

There is, in certain circumstances, provision for the

Planning Authority to extend the five year period for the

life of a permission.

Section 33. Requires members of An Bord Pleanala or

any persons whose services are used by the Bord to

disclose any interest which they may have in any planning

application. There are penalties for any infringement.

Sections 39-145. These sections are concerned with

amendments to the 1963 Act. Regrettably but inevitably

the amendments are done by references} but the

practitioner who annotates and interpolates the

amendments will be rewarded by having his copy of the

1963 Act up-to-date.

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