The Gazette 1977

GAZETTE

JULY

SOCIETY OF YOUNG SOLICITORS

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. I l l

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 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 S.I. No. 166 of 1976 S.I. No. 227 of 1976 S.I. No. 308 of 1976 S.I. No. 56 of 1977.