The Gazette 1983

GAZETTE

APRIL 1983

Practice Note Exempted Development

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.

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) in 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).

THE NEW XEROX 2370 DESKTOP COPIER Reduces your Copies and Costs. Enlarges your Copies and Capabilities.

The New Xerox 2370 reduces everything; your copying costs, paper costs, postage and your filing costs-paired documents, letters and replies, orders and invoices can be copied onto one page-thus facilitating easier handling and filing systems. The New Xerox 2370 can make larger copies from small originals making texts, drawings and diagrams easier to read and understand.

5(1% k n i . a r ( ; k m k n t

O R I U N A I .

The New Xerox 2370 makes commercial sense, makes little of big jobs and a never a big job out of a little one. For more information contact: RANK XEROX Rank Xerox I Ireland) I.Id. Dublin Industrial folate, (ilasncvin. Dublin 11. lei: Klll .VMH.O.

The New Xerox 2370 copies direct onto transparencies,

71%

plain and coloured paper of varying weights and sizes, (including your own letterheadings!). It copies onto punched paper for standard binders, drawing film and self-adhesive labels. The New Xerox 2370 is backed by nationwide Xerox service.

Return this coupon today for free demonstration! I am interested in the Xerox 2.170. |

| PIcum .' send me more information

I

I Please arrange for a free, no obligation demonstration. (Please tick appropriate box)

Name. Position. Company . Address

Marketing Manager. Rank Xerox (Ireland) l td. Dublin Industrial Estate. Clasnevin. Dublin 11.

68