A Guide to Protected Structures
This is a simple guide to understanding the protection of structures of special interest under the Local Government (Planning and Development) Acts, 2000-2012. The guide is intended as a practical guide. It is not a definitive legal interpretation of planning law. For further information, please consult the Council's Conservation Officer.
1. What is the National Inventory of Architectural Heritage?
The National Inventory of Architectural Heritage (NIAH) is a state initiative under the administration of the Department of Arts, Heritage and the Gaeltacht. It was established on a statutory basis under the provisions of the Architectural Heritage (National Inventory) and Historic Monuments (Miscellaneous Provisions) Act 1999. Its purpose is to identify, record, and evaluate the post-1700 architectural heritage of Ireland, uniformly and consistently as an aid in the protection and conservation of the built heritage. It is intended that the NIAH will provide the basis for the recommendations of the Minister for Arts, Heritage and the Gaeltacht to the planning authorities around the country for the inclusion of particular structures in their Record of Protected Structures (RPS). The published surveys are a source of information on the selected structures for relevant planning authorities. The surveys are also a research and educational resource. It is hoped that the work of the NIAH will increase public awareness, understanding, and appreciation of the post-1700 architectural heritage in Ireland. Surveys are published on the NIAH website www.buildingsofireland.ie.
2. What laws are there in relation to the protection of historic buildings?
The Planning and Development Act 2000 requires each planning authority to compile and maintain a Record of Protected Structures. The RPS is a mechanism for the statutory protection of the architectural heritage and forms part of each planning authority's development plan. The Minister for the Arts, Heritage and the Gaeltacht may recommend structures to the planning authorities for inclusion on the RPS. Sites/structures/groups of structures (Structures) rated as being of Regional importance or above are included in the Minister’s recommendations
3. What is a Protected Structure?
A protected structure is a structure that a local authority includes in its Record of Protected Structures because of its special interest from an architectural, historical, archaeological, artistic, cultural, scientific, social or technical point of view. The Record of Protected Structures, is part of the Development Plan for the Local Authority’s functional area. Each owner and occupier of a protected structure is legally obliged to ensure that the structure is maintained and protected from endangerment.
4. What parts of a Protected Structure are affected?
All parts of the structure which contribute to its special character, including its interior, all land around it, and any other structures within its curtilage, are included in the protection. The obligation to maintain and prevent endangerment also applies to all fixtures and fittings forming part of the interior of a protected structure or of any structures within its curtilage.
5. How does a structure become a Protected Structure?
Under the Planning and Development Act 2000-2012 each Local Authority is obliged to consider buildings which are of architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest for inclusion in its Record of Protected Structures. In 2006 the National Inventory of Architectural Heritage (NIAH) published a survey of structures of special interest in County Kilkenny. Each structure was given a rating: National, Regional, Local or Record Only. All structures rated Regional or above were then recommended for inclusion in the Record of Protected Structures of Kilkenny County Council by the Minister for Arts, Heritage and the Gaeltacht. Structures recommended for inclusion in the RPS may be added either under Section 12 during the review of a Development Plan, or under Section 55 at any other time. The procedure involves notifying the owners and occupiers of the structure, the Minister for Arts, Heritage and the Gaeltacht and other bodies of the proposal. An owner or occupier is entitled to make comments on such a proposal to the Local Authority. These comments are taken into consideration before the Local Authority's elected members decide whether or not the structure should become a protected structure.
6. What obligations fall on owners and occupiers to ensure the protection of a Protected Structure?
Each owner and occupier must ensure that a protected structure or any element of a protected structure is not endangered through harm, decay or damage, whether over a short or long period, through neglect or through direct or indirect means.
7. Do special procedures apply to Protected Structures under the planning system?
Yes. Under the planning system, many minor works to structures do not normally require planning permission. These works are known as exempted development. However, for a protected structure, such works can be carried out without planning permission only if the works would not affect the character of the structure or any element of the structure that contributes to its special interest. Depending on the nature of the structure, planning permission could, for example, be required for changes to interior of a structure if this is deemed to contribute to the special character of the Protected Structure.
8. How does an owner or occupier know which works require planning permission?
An owner or occupier of a Protected Structure may request the Local Authority to issue a declaration under Section 57 indicating the type of works that could be carried out without affecting the character of the structure or any element of the structure which contributes to its special interest. These works would not require planning permission. A local authority will, in general, issue such a declaration within three months of receiving a request.
9. How does an owner or an occupier apply for planning permission to carry out works to a Protected Structure?
A planning application involving a protected structure is generally made in the same way as any other planning application. However, additional information must be submitted with the application and the relevant newspaper and site notices must indicate that the application relates to a protected structure. The local authority will consult other bodies, including the Minister for Arts, Heritage, and the Gaeltacht, the Heritage Council and An Taisce, before making a decision on the application.
10. Are there any measures in place to assist owners and occupier to protect a Protected Structure?
(a) Conservation Grant Scheme: The Local Authority Conservation Grant Scheme is currently on hold (as of 2011 until further notice).
(b) Structures at Risk Fund. In place of the Conservation Grant Scheme, the Department of Arts Heritage and the Gaeltacht has established the Structures at Risk Fund. This fund was established in 2011 to assist with works to safeguard structures protected under the Planning and Development Acts 2000-2012 where, in the opinion of the Department of Arts Heritage and the Gaeltacht, an urgent need for works to such structures has arisen and has been demonstrated. Details about the scheme can be had from the department’s website www.ahg.gov.ie or telephone the Built Heritage and Architectural Policy Section on 01 8882465 or email builtheritage@gove.ie.
(c) Development Contribution Scheme – Reduction for Protected Structures: Where a planning permission is issued relating to development on a protected structure, included in Kilkenny County Council’s Record of Protected Structures, then a reduction of 75% from the normal development charge applicable to the protected structure will apply. Further information on the Record of Protected Structures and Part IV of the Planning and Development Act is available in the publication Architectural Heritage Protection, Guidelines for Planning Authorities and is free to download from the website of the Department of Arts Heritage and the Gaeltacht.
