Sunday, 14 January 2007

Planning Law Issues in Conveyancing Transactions

This course is being run by the Law Society of Ireland on 24/01/2007, 3pm to 5pm at the Hodson Bay Hotel, Athlone and costs €110 (see: The topics to be covered are:

The object of this seminar is to consider the planning law issues which regularly impact on conveyancing transactions and to review recent developments. The overall emphasis will be on practicality and the seminar will address the problems and pitfalls likely to be encountered by practitioners. This seminar will also consider current and best conveyancing practice in this context.

The matters to be addressed at the seminar are as follows:

Judicial Review

“Substantial interest” and “substantial grounds”
Participation in the planning process
Will leave be granted if there is an alternative remedy?
Limitation on the right to appeal: a point of law of exceptional public importance
Judicial Review in respect of part only of a decision


Warning letters and enforcement notices
Is it necessary for a local authority to issue a warning letter before serving an enforcement notice?
Recent decisions relating to enforcement procedures:
Bill Lawlor v Dundalk Town Council and
Marshall v Arklow Town Council

Fast-track planning

Developments by local authorities and state authorities
Caution in relation to proposals for further fast-track planning

Development Contributions

How are they calculated?
Is the system as transparent as is claimed?

Default permissions

Time limits

Time limits in which a planning authority must make its decision
Time limits for lodging appeals with An Board Pleanala
Time limits in which an Board Pleanala must make its decision on appeal
Time limits in which each local authority must make a new development plan
Time limits for claims for compensation
Time limits affecting special contributions
Time limits for the duration or life of a planning permission

Enforcement of criminal proceedings

Is it a criminal offence not to comply with the conditions of a properly drawn Enforcement Notice?
What is a properly drawn Enforcement Notice?

Social and affordable housing

ontributions payable for permissions which would have withered under Planning and Development Act, 2000
What is Social Housing?
What is Affordable Housing?
Claw-back provisions

Practical points arising from common conditions in planning permissions

Importance of ensuring compliance with pre-development conditions before signing contract

Planning checklist for conveyancers

Refusals for past failures

Taking in charge of estates

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