Protected Structures
Designation
Planning authorities must include a record of Protected Structures in their Development Plan. Specified features of the structures may be recorded and protected. Where a structure is designated as protected, the generally applicable exempt development regulations are severely limited or totally dis-applied.
There is no compensation for the refusal of planning permission nor for the imposition of conditions in planning permission for architectural, historical, archaeological, artistic, cultural, scientific, social or technical reasons. There are special provisions in relation to the acquisition of protected structures.
A structure may be a building, excavation or other thing constructed in, on or under land. A structure may, where the context requires, include the land under it, the interior of the structure and its curtilage and other structures lying within the curtilage. If may include the interior, exterior, fixtures and fittings.
In the case of a protected structure which is a Church or place of public worship, the liturgical requirements are to be respected. The structure or a specified part of it may be included in the Record of Protected Structures.
The Department of Arts, Heritage and the Gaeltacht may make recommendations to planning authorities regarding the inclusion of particular structures in the Record of Protected Structures. The Authority is to have regard to the recommendation. If it ignores the recommendation, it must give reasons to the Department.
The legislation provides for guidelines to be applied by local authorities when designating protected structures.
Entry on Record
The Development Plan is to include a record of protected structures. The record is to include details of the structure itself, its location, maps and other requisite information. Amendments to the Development Plan include additions to and deletions from the Record of Protected Structures.
The particulars of the addition or deletion of a Protected Structure from the Development Plan are to be publicised in accordance with the general procedures for making and amending the development plan. Submissions and observations may be made regarding the proposal, and these must be considered in the final decision.
The registration of a protected structure may be registered as a burden against land in the Land Registry.
The effect of entry on the Record of Protected Structure is that the carrying out of works on or to a protected structure or a proposed protected structure is exempted from the requirement for planning permission only in so far as they do not materially affect the character of the structure or the element of the structure which contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social, or technical interest. Accordingly, where the interior is protected, the general exemption for interior works would not apply to works affecting the protected elements.
Protected Structures
There is a procedure by which the planning authority may decide whether works proposed to a protected structure are exempt on the basis that they would not materially affect the character of the structure or any protected element as defined in the register. The planning authority is to have regard to guidelines and recommendations issued by the Department.
The Department has published architectural heritage protection guidelines to assist planning authorities in dealing with such declarations. There are detailed guidelines in relation to declarations in relation to churches and other places of public worship.
A statutory fee is paid on application. Details of the declarations are entered on the planning register. Further details may be available by inspection at the planning authority or Boards offices.
Declarations and Applications
The owner or occupier of a protected structure may make an application to the planning authority for declaration as to whether it considers that proposed works would materially affect the character of the protected structure or any element of it. The authority must give a decision within 12 weeks. It must have regard to guidelines prepared by the Department and recommendations made to the planning authority by the Department.
The planning authority may review a declaration, provided that it may not affect works done in reliance on it. There is a right to refer the decision on a declaration to Bord Pleanala. This must be done within four weeks of the declaration. The declaration procedure takes precedence over the more general procedure for referring work or a change of use for a declaration of exemption.
Effect
The existence of a protected structure is relevant to decisions on planning permissions affecting the structure or the structure of which it is part. Applications for permission may be refused or be subject to conditions which preserve the protected structure.
An owner or occupier is obliged to ensure that a protected structure is not endangered. Development consisting only of the type of works for which the declaration itself is made or works for which planning permission is granted are not deemed to be endangerment.
It is a defence to prove that
- the works are urgently required to secure the preservation of the structure,
- that they were undertaken in good faith for the purpose of temporarily safeguarding it and
- are unlikely to permanently alter the structure.
The sanitary authority in exercising its functions in relation to dangerous buildings and derelict sites, must consider the protected status of the structure and whether a restoration or endangerment notice might be more appropriate.
Enforcement
A notice may be served by the planning authority on the owner or the occupier where it considers it necessary to prevent the structure from becoming or continuing to be endangered. A restoration notice can be served, specifying the works required for restoration.
In the latter case, the planning authority may pay the expenses reasonably incurred in connection with carrying out the works, other than those relating to an unauthorised structure, which were undertaken within the previous seven years. The authority may provide assistance in relation to an endangerment notice. This may be financial, advisory or material.
Where a restoration or endangerment notice is issued, representations may be made to the authority before it becomes final. The authority must take account of the representations.
It is an offence not to comply with a notice. The planning authority may, in this case, enter and carry out the works itself. It may take such steps as are necessary to do or arrange to carry out the works. The cost of the works may be recovered as a contract debt from the owner and/or the occupier.
An owner who has been served with a notice may enter the premises, notwithstanding, for example, that a lease may be in place. An application can be made to the District Court, where a person served with a notice is unable, without consent to carry out the works required. The District Court may give the requisite consent.
Appeal Against Notice
There is a provision for appeal to the District Court. The District Court may confirm, vary or annul the notice.
The grounds of appeal include
- that the person is not the owner or occupier of the structure;
- that compliance would involve unreasonable expense and that the person has represented to the authority that he does not have the means to pay;
- that he has taken all reasonable steps to prevent the structure from becoming or continuing to be endangered;
- that he has taken steps to restore the character of the structure; or
- that the time for compliance is unreasonably short.
CPO
A Planning authority may acquire a protected structure compulsorily or by agreement. The procedures applicable are broadly similar to those in respect of other compulsory acquisition powers.
Notices are served, to which objection may be made. Where an objection is submitted, the planning authority must obtain the consent of Bord Pleanála, which may grant or refuse the consent.