The Gazette 1983

APRIL 1983

GAZETTE

Practice Notes Planning Acts — Appeals

Annual General Meeting of the Solicitors Benevolent Association The 119th Report of The Solicitors' Benevolent Association for the 1982 was held by kind permission at The Law Society, Blackhall Place on 25th March 1983. In proposing the adoption of the Receipts and Payments Account the Chairman Mr Eunan McCarron mentioned that a sum of £ 1 3 , 5 9 4 . 00 yearly subscription kindly collected for the Association by The Law Society had been received shortly after the close of the year under review and consequently the true figure for yearly subscriptions was in fact £ 2 6 , 8 9 4 . 00 as against £ 2 1 , 3 1 8 . 00 for the previous year. This was a satisfactory increase. The Chairman in thanking Bar Associations, The Society of Young Solicitors and The Law Society for their Donations drew attention to the fact that 17 Bar Associations had not contributed and he appealed to them to assist if possible. There were 53 Grantees/Annuitants most being in receipt of monthly remittances. Of these 10 were Solicitors, 19 were Wi dows or Deserted Wives and 3 were students. The average age of those helped was 65 years. The Chairman drew particular attention to the fact that the Association embraced the 32 Counties, that requests for assistance were dealt with as of immediate urgency and that complete confidentiality was observed by the Directors. The proposal was Seconded by Mr Michael Houlihan, President of The Incorporated Law Society who congratulated the Chairman, Deputy Chairman, Secretary and Directors on the excellent work done by the Association and considered it a Charity well worthy of support. He stated that it was his intention to seek to further its cause at every opportunity. The Metropolitan and Provincial Directors were re- elected as was the Auditor Mr Joseph Taaffe. Mr Colm Price was elected a Metropolitan Director and Mr Robert Flynn of Cork, a Provincial Director. The Annual Congress of AI JA - Young Lawyers International Association — will be held in Helsinki from 29th August to 2nd September 1983. The topics chosen for the Congress are the following: 1. Divorce — Recognition of Foreign decrees. 2. The Rights of the Employee. 3. Ea s t /We st Trade. , 4. The Legal Profession and Tomorrow's Client. Further details of the Congress can be obtained from: Michael W. Carrigan, Eugene F. Collins & Son, Solicitors, 61 Fitzwllliam Square, Dublin 2. Association Internationale des Jeunes Avocats

The attention of the Editorial Board has been drawn by a Solicitor to the editorial note which appeared in Correspondence on page 19 of the January/February 1983 issue, in which it was stated that persons who make representations to a Planning Authority in relation to an application under Section 26 or 27 of the 1963 Planning Act while the Planning Authority was considering such application had no formal status under the Act and are not "notice parties". Our correspondent drew attention to the provisions of paragraph 32 (2) of the Local Government (Planning & Development) Regulations 1977, which provide that where any person or body has made objections in writing to the Planning Authority in relation to a Planning Aplication, the Planning Authority shall, within 7 days of making a decision, notify such person. There must be considerable doubt whether this purported provision is valid. There is no provision in either the 1963 or 1976 Planning Acts which obliges a Planning Authority to notify a person who merely makes representations to them in respect of a Planning Application during the course of its consideration by the Planning Authority. The attempt in paragraph 32 (2) of the 1977 Regulations to impose this obligation on a Planning Authority may well be open to challenge on the grounds that it is ultra vires. The Editorial Board, while regretting that the note which appeared in the January/February issue was inaccurate in overlooking this particular provision, would be reluctant to encourage persons making representations to a Planning Authority to rely on the apparent duty of the Authority to notify them of decisions. • Notwithstanding a previous recommendation published in the July/August 1979 Edition of the Gazette, it has come to the attention of the Conveyancing Committee that it is still the practice of some Auctioneers to procure contracts from Solicitors with a view to obtaining the signature of a prospective Purchaser to a Contract without the Purchaser's Solicitors first having an opportunity of considering its terms and advising the Purchaser on same. The Committee feels that this is a most undesirable practice and also understands that it is contrary to the directions of the I. A.V.I., to its Members. Such a practice may not be in the best interest of the Vendor, as it is questionable whether such Contracts could be specifically performed. The Committee considers that a Party to a sale should have an opportunity of having the Contract vetted by a Solicitor before executing same and recommends that in Private Treaty Sales the practice (where it exists) of sending out copies of Contracts to Auctioneers be discontinued. • 75 Issue of Contracts to Auctioneers in Private Treaty Sales