Architectural Heritage
Heritage Council
The main function of the Heritage Council is to propose policies and priorities for the identification, protection, preservation and enhancement of the National Heritage. This includes monuments, archaeological objects, heritage objects, architectural heritage, flora, fauna, wildlife habitats, landscapes, wrecks, seascapes, heritage gardens, parks, and waterways.
The Heritage Council has the power to consult with or advise a public authority in relation to the maintenance, preservation, restoration, upkeep or improvement of a heritage building.
The architectural heritage includes all structures, buildings traditional and designed, and groups of buildings, including streets scapes and urban vistas which are of historical, archaeological, artistic, engineering, scientific, social, or technical interest together with their settings, attendant grounds, fixtures and fittings.
A heritage building is one which is of significance because of its intrinsic architectural or artistic quality or its setting, or its association with the cultural, commercial, economic, industrial, political, social, or religious history of a place in which it is situated.
Notice Requirement
Prior notification must be given to the council by a public authority of any proposed demolition or alteration of the structure, decoration or finishes of a heritage building or of any alteration to significantly alter its character. This applies to buildings adjoining a heritage building. Notification is also required in relation to significant alteration of the character of any land adjoining a heritage building or of the disposal of a heritage building.
Where the Heritage Council refuse to approve the proposal and advises against it, the authority is prohibited from doing the relevant works unless the Minister agrees to the proposal or agrees to a modified version of the proposal.
The Minister is given powers to make orders on the advice of the Heritage Council to designate a building a heritage building to which this provision applies. The functions of the OPW in relation to the national heritage under various legislation is be performed subject to the supervision of the Minister and subject to such directions as may be given.
Architectural Conservation Areas
A local authority may (and in some cases must) designate an architectural conservation area if it is of the opinion that this is necessary to preserve the character of the place, area, group of structures or townscape. The area may be designated if the character of the place, area, group of structures or townscape is of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest or if it contributes to the appreciation of protected structures. This may be so, even if the individual structures do not have the requisite merit, provided the area as a whole has it.
The existence of the designation is a relevant consideration in applications for planning permission. The effect of designation is that the exempt development regulations, insofar as they refer to work on the protected parts, usually the exterior of the structure, are limited. Works may be exempted if they would not materially affect the character of the area.
There is no compensation for the refusal of planning permission or the imposition of a condition where it arises from its adverse effect on the architectural conservation area.
Acquisition
The planning authority may acquire property compulsorily or by agreement. The planning authority may compulsorily acquire property within an architectural conservation area, where
- it is of the opinion that it is necessary to do so in order to preserve the character of the area,
- the condition of land or its use detracts or is likely to detract from the character of the area or
- its acquisition is necessary for the development or renewal of the area or for the provision of amenities.
The power does not extend to a dwelling house lawfully occupied.
Areas of Special Planning Control
A special planning control area may be designated where a planning authority is of the opinion that all or part of an architectural conservation area is of special importance to the civic life or the architectural, historical, cultural or social character of a city or town, in which it is situated. It may relate to all or part of an Architectural Conservation Area. The schemes must be in accordance with the development plan or local area plan.
The scheme remains in force for a period, which may be renewed. The scheme must indicate the objectives which are to be implemented and their order of priority.
Where an area of special planning and control is designated, exempt development which breaches the special planning control scheme is not exempted. The designation is also a relevant consideration on an application for planning permission to the planning authority or Bord Pleanála.
Designation
The procedure for the designation of a special planning control area is broadly similar to that in respect of the adoption of the development plan. The planning authority is required to give notice of the proposed scheme to various parties and prescribed entities.
Notices must be published in newspapers and otherwise. Owners or occupiers affected must be notified where the scheme includes an objective relating to
- coordination, upgrading or changing specified shop frontages;
- control and layout of specified areas,
- density, building lines and heights of structures and the treatment of spaces around and between the specified structures;
- control of the design, colour and materials of specified structures;
- promotion of the maintenance, repair and cleaning of specified structures;
- control of the use of specified structures;
- the discontinuance of the use of a structure;
- development or redevelopment of specified derelict or vacant sites; or
- control of specified advertisements or exhibition of specified advertisements.
The notice should specify the measures which are required to be undertaken in relation to the structure in order to ensure compliance with the proposed objectives.
The scheme must be kept open for submissions and observations. The Manager (now the chief executive) is to prepare a report on submissions or observations, giving details of submissions, lists of observations, summaries and the response of the Manager/authority. The elected members, after considering the scheme and the report, may approve the scheme, with or without modification.
Measures Required
The planning authority may serve a notice on an owner or occupier requiring measures to be taken for the restoration, demolition, removal, alteration, replacement, maintenance, repair or cleaning of a structure. It may require discontinuance of use. An appeal may be made to Bord Pleanála against the notice.
The notice specifies the requirements and measures to be taken and invites observations within a period. It may invite the person addressed to enter discussions with the authority within a specified period.
It may specify the period within which, unless otherwise agreed, the measures are to be taken. It may state that the planning authority is to pay the expenses recently incurred in carrying out the steps, other than expenses relating to unauthorised development undertaken within the last seven years.
Confirmation and Enforcement
The planning authority, after considering representations and discussions, may confirm, amend or revoke the notice. There is a right of appeal to Bord Pleanála. This must be undertaken within eight weeks.
The notice may be enforced. Failure to comply is an offence. The planning authority may enter the premises and do the requisite work itself.
An application may be made to the High Court or Circuit Court for an order directing a person to comply with the notice, desist from work or do things in breach of it. Planning permission is not required in respect of development required by reason of the notice.