LEGISLATIVE FRAMEWORK

The provisions relating to Architectural Heritage are contained in Part IV Planning & Development Act, 2000, running from Section 51 to 92; and the Department of the Environment, Heritage and Local Government Architectural Heritage Protection Guidelines for Planning Authorities, 2005. 

The provisions of the Planning & Development Act, 2000, are a continuation of the Local Government (Planning & Development) Act, 1999, which dealt solely with architectural heritage. This, along with the associated regulations, envisaged a smooth transition by which buildings and structures in Local Authority Development Plans would be transcribed into a ‘Record of Protected Structures’ (RPS). Article 51 of the Planning & Development Regulations 2001, sets out the information required to be provided for each Protected Structure Registry entry. 

Section 55 of the Planning & Development Act 2000, requires notice to be served on the owner.  However the legislation has been implemented unevenly and not at all in the case of some Planning Authorities. A significant and still undetermined number of Local Authorities have not put in place records of Protected Structures under the terms of the Act and Regulations.

New Entries into Record of Protected Structures

There is provision under Section 53 of the Act, for the Minister for the Environment, Heritage and Local Government to make recommendations to a Planning Authority on the scheduling of Protected Structures. The Minister for the Environment, Heritage and Local Government does not however frequently exercise this power in practice. The scheduling of buildings more often is left as a reserve function to Local Authorities – that is it is left up to County Councillors to recommend and vote on a recommendation for inclusion on the RPS. 

A request for scheduling of a structure as a Protected Structure should be formally presented to a Local Authority with the preliminary statement requesting that a defined building be scheduled as a Protected Structure under Section 54 of the Planning & Development Act 2000. In urban areas, a clear street address should be given and in rural areas, map information or reference, if possible, should be provided for clarity.

Requests for Protected Structure scheduling may be made at any time if an important building is identified and is not protected and may be under threat. Seeking and securing Protected Structure status for a building is the most effective means of securing its protection. An Taisce’s Local Associations can use a standard form which is available for making Protected Structure recommendations. An area or category approach could also be considered, e.g. putting forward recommendations for mill buildings or thatch houses in a particular county for inclusion. It is recommended that proposals should include photographs of the building in question and relevant historical information. Anyone wishing to put forward a recommendation for inclusion on the RPS should contact their Local Authority Heritage or Conservation Officer, or Planning Department in the first instance.