The Gazette 1980

JULY-AUGUST

1

GAZETTE

Conveyancing Notes

book "Planning and Development Law" at page 24 Mr. E. M. Walsh explains the position as follows: "Outline permission, permission and approval — These are the three forms of application which it is possible to make to a Planning Authority and the distinction between them should be clearly understood. Section 24 of the Planning Act 1963 forbids development (other than exempted development) without a permission. Section 25 entitles the Minister to make Regulations which provide for outline permissions for development subject to the subsequent approval of the Planning Authority. There are therefore two types of permission, namely, Outline Permission and (full) Permission. A Permission is complete in itself because the applicant submits to the Planning Authority the details necessary to enable it to consider his application in all its aspects. This may involve the presentation of detailed drawings at a cost of thousands of pounds. When Permission is granted the planning process is complete and the development can proceed. An Outline application is an application for permission in principle. The applicant wants to know whether or not the development which he contemplates is acceptable before he becomes involved in the considerable expense of preparing detailed drawings. It is rather like an application for a declaratory Order under Section 15 of the Intoxiating Liquor Act 1960 where an applicant wants to avoid the expense of building a public house before applying for a licence for it. An outline application can be confined to a site plan and a request for permission to build a house on the site. If Outline Permission is granted then the applicant feels free to incur the expense of preparing detailed plans and when there are conditions attached to the Outline Permission he makes his plans conform to the conditions. Before any development is commenced there must be a permission. It can be an Outline Permission or a Permission. If it is an Outline Permission there must be a subsequent Approval. Outline Permission plus Approval equals Permission." It follows therefore that an applicant should understand what it is necessary to apply for. At the outset the first decision must be to apply for Outline Permission or Permission. If Outline Permission is applied for and obtained then the follow-through application should be for Approval. The printed form of application provided by most Planning Authorities sets out at its head the words "Outline Permission", "Permission" and "Approval" and the applicant is expected to strike out the words which are not appropriate. No branch of planning law has given rise to greater confusion and misunderstanding that the distinction between these three forms of planning application. Very often an Outline Permission is followed by an application for Permission which frees the Planning Authority from any restraints imposed by the existence of the Outline Permission. Sometimes an application for Approval is made which travels outside the limits of the Outline Permission and which can therefore be properly rejected. The distinctions are clear-cut and the importance of understanding them cannot be over-stated. Practitioners are advised to consider carefully the differences between permissions and approvals. A further point of concern under Section 29 is that, again with some minor exceptions, where development has been commenced but has not been completed at the expiry of the five year period the permission will cease to have effect as regards so much of the development as has not been completed.

HOUSES CONSTRUCTED BY DIRECT LABOUR: PRACTICE OF THE IRISH PERMANENT BUILDING SOCIETY It will be of interest to members to know the requirements of the Irish Permanent Building Society where a house is constructed by direct labour. The Society requires that the erection of the premises be supervised by an Architect or Engineer, who, on completion of the premises, will complete a Declaration verifying: A. That the house was built in accordance with the plans and specifications. B. That he supervised the erection of the premises and verifies that same have been completed to his satisfaction. C. That the Building Conditions of the Planning Permission have been complied with in full. D. That the cost of erection of the premises, including the site cost of £X is not less than £Y. A Declaration in the above form, supported by the usual Architect's/Engineer's Declaration required for new houses would satisfy the Society's requirements. The Society will rely on the Declaration to verify the price (construction costs plus site cost), and will not require production of invoices from the Applicant or his Solicitor in respect of construction costs, cost of materials, etc. Supervision need not be continuous but a minimum of five inspections is felt essential so long as they include an inspection of foundations and, at completion, of roof timbering. It sometimes happens that potential Borrowers do not advise the Society that the premises will be erected by direct labout and consequently do not find out about the need for this supervision until too late. Members acting for clients purchasing or taking transfers of sites might consider warning clients about this requirement to avoid difficulty at a later state. LAPSE OF PLANNING PERMISSION The attention of the Conveyancing Committee has been drawn by Mr. Michael O'Connell of Tralee to the position which will arise under Section 29 of the Local Government (Planning and Development) Act 1976 on and after the 1st November 1981. Section 29 is the Section which provides that Planning Permission will lapse five years after the date of Section 29 coming into operation or the date of the granting of the permission, which ever is the later, subject to certain minor exceptions. Accordingly on the 1st day of November 1981 the fifth anniversary of the Section coming into operation a number of Planning Permissions will lapse. The point that Mr. O'Connell has brought to the attention of the Committee is that an outline permission granted prior to the 1st day of November 1976 will lapse on the 1st day of November 1981 even if there is a subsequent approval in existence or there is an application pending for an approval or for a full permission. In his

84