The objectives of the Convention were translated into Irish law through the provisions of Part IV Planning & Development Act 2000 superseding previous legislation.

This introduces an important new legal term into Irish law, namely that of a “protected structure” under Section 51.

This requires each local authority to create a ‘Record of Protected Structures’ “which form part of the architectural heritage and which are of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest”  in the development plan. The ‘Record of Protected Structures’ can be viewed in all local authority’s planning offices and on some of the county council’s websites.

Section 52 Planning & Development Act 2000 sets out provisions for Ministerial guidelines which have been circulated as the Architectural Heritage Protection Guidelines for Planning Authorities 2005 (see weblink). Section 53 Planning & Development Act 2000 provides that the Minister for the Environment, Heritage and Local Government may make recommendations to planning authorities for including structures in the record of protected structures. However, these recommendations are not mandatory since the planning authority has the discretion not to accept a Ministerial recommendation.

Sections 54 and 55 set out the mechanism by which a planning authority may add to or delete from its record of protected structures which includes the requirement to serve notice on the building owner and facilitate public advertisement.

Publication of National Inventory of Architectural Heritage

As part of Ireland’s Granada Convention obligations, the Department of Environment, Heritage and Local Government has been producing a national inventory of architectural heritage, comprising a photographic record and summary description of significant older building stock in each planning authority area. This is web accessible through http://www.buildingsofireland.ie/ with the following counties being available to date: Sligo, Leitrim, Roscommon, Westmeath, Offaly, Tipperary North, Kilkenny, Carlow, Wicklow, Kildare, Meath, Dublin, Fingal, Dublin Dun Laoghaire Rathdown, Dublin South County, Kerry and Waterford. This includes town council areas within each of the county areas. A separate section of the National Inventory of Architectural Heritage contains a national “survey” of historic gardens and designed landscapes with historic map and aerial photograph data for the majority of sites in the country.

While the Minister for the Environment, Heritage & Local Government may under Section 53, Planning & Development Act, 2000, make recommendations to planning authorities concerning specific structures that they be scheduled as Protected Structures, the discretion is on the local authority whether or not to alter its Record of Protected Structures. 

The procedures for additions and deletions in the Record of Protected Structures are contained in Sections 54 and 55, Planning & Development Act, 2000.  It should also be noted that once a structure is subject to the appropriate legal advertisement as a Proposed Protected Structure, that it is subject to the same level of protection until its status is fully resolved, wither being confirmed into the Record of Protected Structures.  However, if the proposal is not accepted, then the site loses all Protected Structure status. 

How May I Seek Scheduling of a Building or Site as a Protected Structure?

If a building or site of apparent architectural, historical, technical or other significance is not included in a current ‘Record of Protected Structures’, then the appropriate procedure for seeking its inclusion is as follows:

1  Obtain a good quality photograph and basic information about the building or structure, such as its date or associated features

2   Make a formal request that the building or structure be scheduled in the Record of Protected Structures to

a)   the County Manager, or in an urban area, a City or Town Manager, of the relevant local authority in which the structure is situated, requesting that the site be added to the ‘Record of Protected Structures’ under Sections 54 and 55 of the Planning & Development Act, 2000.

b)   the Minister for Environment, Heritage & Local Government, requesting that a recommendation be made to the relevant local authority under Section 53, Planning & Development Act, 2000.

As the ultimate discretion as to whether the building or site will be scheduled in the Record of Protected Structures, the information should be circulated to the Councillors for the electoral area or any other Councillors in the local authority area with an interest in architectural heritage for them to lodge a formal motion with the Council that the site be scheduled in the Record of Protected Structures and for their information in considering any vote or deliberation on a recommendation received either from the Minister or from the Manager.

If the site is an area covered under the National Inventory of Architectural Heritage, the information contained in the Inventory should be forwarded to the Director of Services for Planning of the relevant planning authority with a request for scheduling of the site as a protected structure. Where the National Inventory of Architectural Heritage identifies the site as being of national or regional importance, this provides an overwhelming prima facie case for its scheduling. Submissions should also be made to the Minister for the Environment, Heritage and Local Government to make a recommendation to the relevant local planning authority for the scheduling of a particular structure under Section 53 Planning & Development Act 2000.

Where the building or site is not in a county included in the National Inventory of Architectural Heritage survey of the counties published, information should be provided to justify scheduling comprising a photograph of the main elevation or aspect and a short description and date identification of the building, site or structure.

What Action May Be Taken If A Protected Structure is Neglected or Suffering from Dereliction?

Section 58, Planning & Development Act, 2000 requires a ‘duty of owners and occupiers to protect structures for endangerment’.

If there is neglect or endangerment, a written request should be sent to the local authority requiring under Section 59, Planning & Development Act, 2000, the issue of ‘Notice to require works to be carried out in relation to endangerment of Protected Structures.’  If damage has been done to the building through neglect or the removal of features, specific Section 60, Planning & Development Act, 2000 should be specifically be requested to be applied requested, being ‘Notice to restore character of Protected Structures’ and other places.

Planning Applications for Protected Structures

There are specific legal requirements for planning applications affecting Protected Structures on top of those applying to planning applications generally.  Section 23(2), Planning & Development Regulations, 2001, requires that in addition to the normal documentation which should accompany any planning application, that where a development affects a Protected Structure, Proposed Protected Structure or within an Architectural Conservation Area or Proposed Architectural Conservation Area, that the application ‘be accompanied by such photographs, plans and other particulars as are necessary to show how the development would affect the character of the structure.’ 

The Department of the Environment, Heritage & Local Government has published  comprehensive guidelines, ‘Architectural Heritage Protection Guidelines for Planning Authorities’, which set out the considerations which should apply for planning applications both directly affecting as well as affecting the setting of Protected Structures and of Architectural Conservation Areas.  (weblink)

Commenting on any planning application at local authority stage, or appealing any local authority Decision to An Bord Pleanala specific reference should be made to the provisions of the Architectural heritage Protection Guidelines relevant to the site or the circumstances of the application. 

Architectural Conservation Areas

Section 81, Planning & Development Act, 2000, provides for local authorities to designate areas with groups of buildings and structures of particular interest, as ‘Architectural Conservation Areas.’  Section 82, sets out the provision regulating development in Architectural Conservation Areas, setting aside the general exemptions to alterations to buildings.  This means that in Architectural Conservation Areas, alterations to windows and other features, particularly on street frontages, would require planning permission.

Area of Special Control

Section 84, Planning & Development Act, 2000, allows local authorities to designate an area for additional protection to be scheduled as an ‘Area of Special Control’.  To date this has been used in the O’Connell Street area in Dublin to allow the City Council to control shop and other uses as well as design.