Ministerial guidelines
Architectural Heritage Protection: Guidelines for Planning Authorities
Protected structures, architectural conservation areas, curtilage, and works to historic buildings.
Department of Arts, Heritage and the Gaeltacht · 2011 · 267 pages
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- Architectural Heritage Protection Guidelines for Planning Authorities 99 6.14 Retention Permission 6.14.1 Some protected structures have been previously altered in an unauthorised and unsatisfactory way. In some cases it will be desirable and possible to restore structures to their original character by identifying their previous design from careful inspection of the fabric and from historical evidence such as old photographs. In cases where some or many of the external features of the structure (such as original doors and windows) have been removed, or an unauthorised extension or new structure has been built within the curtilage of the structure, retention permission with mitigating conditions attached could be acceptable, depending on the individual circumstances. 6.14.2 Where an application for retention of unauthorised works to a protected structure is lodged, a planning authority should apply the same consideration to the works as for planning applications and should, if considering granting permission, seek to ensure that the works for which retention permission is granted have the minimum possible impact on the character of the structure. 6.14.3 Where in a particular case inappropriate works have been carried out, and in the opinion of the planning authority it is possible to restore its character by the carrying out of works, the authority could also consider refusing permission and using the enforcement provisions to require removal of the unauthorised works. Alternatively the planning authority could consider issuing a notice to require restoration of character.40 6.14.4 It should be noted that the planning legislation has been found to make no provision for applications to be made to ‘retain’ the demolition of a structure, that is, after an unauthorised demolition has taken place. Therefore, a planning authority that receives an application for the retention of the demolition of a protected structure should not consider that application. Consideration instead should be given as to whether enforcement action is appropriate. 6.15 Endangerment 6.15.1 ‘Endangered’ is defined by the Act as ‘exposed to harm, decay or damage, whether immediately or over a period of time, through neglect or through direct or indirect means’.41 Protected or proposed protected structures that appear to be endangered may come to the attention of the planning authority in the course of normal planning duties or if informed by a member of the public. The state of a structure may also be brought to notice of the planning office by the sanitary authority prior to the issue of a notice in relation to a dangerous structure under the Local Government (Sanitary Services) Act 1964. 6.15.2 A structure may be endangered by structural interventions such as the removal of internal floors and/or partition walls, breaking new openings in external walls, removal of or damage to roofs and chimney stacks, removal and boarding up of windows and doors, excavation of the ground in close proximity to the structure without adequate shoring up or other protection for the structure, or the demolition of parts of a structure without shoring or protecting it. Indirect endangerment could include allowing a building to fall into disrepair, leaving structures open to the elements and possible vandalism, or the removal of temporary safeguards which had secured a vacant structure, such as temporary roof-coverings, security fencing or blocked openings. CHAPTER 6 DEVELOPMENT CONTROL 40 Section 60, 2000 Act 41 Section 2, 2000 Act Derelict buildings can become targets of vandalism if not properly safeguarded
- Architectural Heritage Protection Guidelines for Planning Authorities 100 CHAPTER 6 DEVELOPMENT CONTROL 6.15.3 Immediate action should be taken to require the owner to stabilise or secure the structure, using either Section 59 (which may be a quicker option if the owner is amenable to carrying out the works) or the regular enforcement procedures in Part VIII of the Act. Either way, the planning authority should specify the works that are required to prevent continuing endangerment. The detailed guidance given in Part 2 of these guidelines or the Department of Environment Conservation Guidelines should, where necessary, be reinforced by advice from an engineer or architect with conservation expertise. 6.16 Restoration of Character 6.16.1 A Section 60 notice can be served on the owner or occupier of a protected structure to require the restoration of its character where unauthorised removal, alteration or replacement of particular elements has taken place and where the original character (or a documented previous state) can be restored without needing retention permission. This solution is limited to works that would not otherwise require planning permission as they would not materially affect the character of the structure. For example, unauthorised and inappropriate windows or doors could be replaced with correctly profiled windows or doors, the details based either on surviving fragments or examples measured from a directly comparable structure. The restoration of character is best achieved by the agreement of all parties on the details of the necessary works and a time-frame for compliance. 6.16.2 The restoration of character could also mean the straightforward removal of items that detract from the character of the structure, for example inappropriate shop signage, aerials or air-handling units. If the notice relates to the removal of items that have an economical or physical function in the structure, their replacement in some form may be necessary. An acceptable replacement item should be discussed among all parties and the details agreed in advance of a planning application, to facilitate a quick decision. Restoration of character can sometimes be achieved simply by the removal or relocation of inappropriate additions (bottom). However, where original elements such as windows have been lost (top) they can only be replaced in replica but this may be necessary to restore the character of the overall building or area
- Architectural Heritage Protection Guidelines for Planning Authorities 101 CHAPTER 6 DEVELOPMENT CONTROL Table VIII An Outline of Planning Application Procedures for Works to Protected Structures 1. Is the planning application valid? > The protected status of the structure should be correctly referred to on public notices > The required plans, drawings and maps should be included > The potential impact on the character of the architectural heritage should be adequately described by means of photographs, plans and other particulars > The application should be for full permission 1a. Return to applicant stating why it is invalid YES NO 4a. Request the applicant to provide further information Further information received within 6 months NO 5a. Can negative impacts be mitigated by conditions of permission? NO NO 2. Consultation and notification > Notify the prescribed bodies as soon as possible after validation > Place the details of the application on the public file in the planning office > Publish weekly list indicating where development relates to a protected structure or a proposed protected structure > Consult with the conservation officer, where one is available 3. Evaluate the proposed development and its potential impact > Consult the relevant information in the RPS file and any declaration issued regarding the protected structure > If a pre-planning meeting was held, consult the minutes of that meeting > Consider any submissions made within 5 weeks of validation > Consult Part 2 of these guidelines 4. Is the information contained in the application sufficient to allow an decision to be made on the proposed development? 4b. Process and evaluate the further information received > Notify the relevant people/bodies of the receipt of further information as required > Consider any submissions made on the further information > Evaluate the application as a whole 7. Decision: > If the decision is made to grant permission, draw up any conditions necessary to mitigate negative impacts or to ensure the works are properly completed > If the decision is made to refuse permission, draw up the reasons for the refusal > Send notice of the decision to the applicant > Send notice of the decision to those who made observations during the planning process 6a. Consider granting permission YES 5. Is the proposed development consistent with proper planning and development? YES YES 6b. Consider refusing permission
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- Architectural Heritage Protection Guidelines for Planning Authorities 105 CHAPTER 7 CONSERVATION PRINCIPLES 7.1 Purpose of the Detailed Guidance Notes 7.1.1 The purpose of the detailed guidance notes in Part 2 is to assist planning authorities in the identification of structures or parts of structures which are of special interest, in the writing of declarations and in the consideration of applications for planning permission involving works to protected structures and to buildings within ACAs. The aim is to achieve a consistency of approach to the conservation and protection of the architectural heritage and to set out the standards of architectural conservation supported by the Minister for the Environment, Heritage and Local Government. 7.1.2 The advice contained in these detailed guidance notes falls into two categories. Guidance included under the sub-headings ‘Identifying special features for protection’ is intended to assist a planning authority in identifying structures or parts of structures which are of special interest. It draws attention to features of a structure which may contribute to its character and/or the character of an ACA. Identification of such features will help in the selection of structures for inclusion in the RPS and in writing declarations. 7.1.3 The guidance sub-headed ‘Consideration of proposals’ is intended to assist a planning authority in meeting its development objectives of protecting the architectural heritage and preserving the character of ACAs. It will aid the assessment of the potential effects of development applications on the character of a protected structure and/or the character of an ACA. It is also intended to guide a planning authority in writing conditions which may be attached to a grant of permission. 7.2 Conservation Principles 7.2.1 Conservation is the process of caring for buildings and places and of managing change to them in such a way as to retain their character and special interest. Historic structures are a unique resource. Once lost, they cannot be replaced. If their special qualities are degraded, these can rarely be recaptured. Damage can be caused to the character of a historic structure as much by over-attention as by neglect. Over-restoration can harm the special qualities of a building with the loss of details, materials and craftsmanship which, while sometimes seeming of little significance in themselves, can contribute to the character of the building and make it special. For this reason, it is vitally important that proposals for works to protected structures, and within ACAs, be examined at a detailed level. It is intended these detailed guidance notes will draw attention to the importance of the seemingly minor details of a historic building that nonetheless play an important part in establishing its character. 7.2.2. Entry into the Record of Protected Structures does not mean that a structure is forever frozen in time. Good conservation practice allows a structure to evolve and adapt to meet changing needs while retaining its particular significance. The challenge facing owners, planning authorities and all others involved in architectural conservation is to identify how and where change can occur and to ensure that the heritage is not damaged by inappropriate intervention. Additions and other interventions should be sympathetic to the earlier structure and of quality in themselves and should not cause damage to the fabric of the structure, whether in the long or short term. Over-restoration or poorly specified replacement elements can be as much a threat to the character of historic structures as neglect or wilful damage. In this case, the datestone of 1736 is one of the few surviving original features on the exterior of this house
- Architectural Heritage Protection Guidelines for Planning Authorities 106 CHAPTER 7 CONSERVATION PRINCIPLES 7.3 Keeping a Building in Use 7.3.1 It is generally recognised that the best method of conserving a historic building is to keep it in active use. Where a structure is of great rarity or quality, every effort should be made to find a solution which will allow it to be adapted to a new use without unacceptable damage to its character and special interest. Usually the original use for which a structure was built will be the most appropriate, and to maintain that use will involve the least disruption to its character. While a degree of compromise will be required in adapting a protected structure to meet the requirements of modern living, it is important that the special interest of the structure is not unnecessarily affected. Where a change of use is approved, every effort should be made to minimise change to, and loss of, significant fabric and the special interest of the structure should not be compromised. 7.3.2 Where a protected structure is a ruin and does not have an active use, it may nonetheless be of special interest. It may be a local landmark or contribute to the character of an ACA. In such cases, it may be more appropriate to allow it to continue to stand in a ruined state and be repaired or consolidated where necessary. 7.4 Researching and Analysing 7.4.1 Before formulating proposals for works to a protected structure, the developer should research its historical development and understand thoroughly the present condition of the structure. The research should encompass not only the main structure and its interior but also its curtilage and attendant grounds, where relevant, and any structures or features within them which contribute to the special interest of the protected structure. The contribution of the setting of the structure to its special interest should also be assessed, as should any other relationships which add to the appreciation of it. 7.4.2 The research should include an analysis of the physical fabric of the site, and any available documentary or other evidence. The work should only be undertaken by those with the appropriate knowledge and skill. The results of the research should be analysed in order to understand the reasons for any decay and to inform future proposals. 7.5 Using Expert Conservation Advice 7.5.1 Building conservation is a specialised discipline and the method of work needs to be specified by experts with a knowledge and experience of historic buildings. Planning authorities, when discussing proposals with the owners or occupiers of protected structures, should encourage them to seek expert advice when considering undertaking works to their buildings. Where a protected structure is of particularly high quality or rarity, the use of conservation expertise by an applicant could be a condition of any grant of planning permission. 7.5.2 The input of expert advice should not be confined to the planning application process. In order to ensure that the works are competently and correctly completed, continued expert involvement may be necessary in the management and site supervision of the project, using experienced and skilled workers with proper and adequate supervision. Some protected structures such as bridges, follies and other iconic landmarks are strong, self-contained compositions that may be difficult to alter without affecting their character and special interest Buildings should be kept in active use, preferably the original use. Where this is not possible, permitted changes of use should aim to minimise the impact on the character of the structure, as with this former gaol observation tower, which is now in education-related office use
- Architectural Heritage Protection Guidelines for Planning Authorities 107 CHAPTER 7 CONSERVATION PRINCIPLES 7.5.3 Planning authorities should ensure that they themselves have access to appropriately qualified, competent specialist advice on any development likely to impact on a protected structure. This advice might come from in-house conservation staff or from independent consultants. 7.6 Protecting the Special Interest 7.6.1 The character and special interest of a protected structure can be damaged by inappropriate works. Most obviously, a structure can be demolished or partly demolished. It can also be stripped of its value and distinctiveness by neglect and decay, unsuitable alteration, uninformed repair or overrestoration. 7.6.2 The blanket application of standard solutions to historic buildings is not appropriate, nor can old buildings be expected to perform in the same way as modern buildings in terms of structural strength, durability of materials or thermal insulation. But old buildings have qualities which modern structures may not have. For example, handmade building materials are evidence of dedication and craftsmanship perhaps no longer achievable today. Other materials, such as a particular type of stone, may no longer be obtainable. Above all, historic buildings have a patina of age which is irreplaceable and cannot be replicated. 7.7 Promoting Minimum Intervention 7.7.1 The principle of promoting minimum intervention in a protected structure is best summed up by the maxim ‘do as much as necessary and as little as possible’. Dramatic interventions in a protected structure are rarely appropriate. The best work in conservation terms is often that which is low key, involves the least work and can be inexpensive. 7.7.2 In granting planning permission, a planning authority should be satisfied that works are necessary, whether these be repair works to the fabric of the building or adaptations to the structure to allow it to perform a new or enhanced function. Over-restoration of historic buildings can be detrimental to their character and value. Old buildings both charm and inform for the very reason that they are old. Bulging or leaning walls, unevenness and bowing are not necessarily imperfections to be ironed out but are evidence of the building’s antiquity. Such evidence of a patina of age is irreplaceable and should be preserved where possible with appropriate professional advice. Evidence of the quality of materials and craftsmanship can endure through years of neglect. Where they survive, every effort should be made to retain and repair features of importance to the character of a protected structure or an ACA Good conservation works should aim to do as much as necessary, yet as little as possible, to a protected structure. The advice of experienced conservation professionals is invaluable and minimal intervention may often prove less expensive than comprehensive refurbishment Uninformed works, even where carried out with care, can irreparably damage the character of a building as with the installation of these inappropriate modern timber windows. Here also the original render has been stripped from the building, a current fashion at odds with the original design intention which furthermore leaves the structure vulnerable to damp ingress
- Architectural Heritage Protection Guidelines for Planning Authorities 108 CHAPTER 7 CONSERVATION PRINCIPLES The demolition of all but the façade of a structure will inevitably result in a loss of character and should rarely be considered acceptable. In cases where the façade is the sole surviving feature of a building, any proposal to construct a new building behind that façade should respect the location, not only of existing openings, but also of the original floors and internal walls to avoid an adverse impact on the external appearance of the building This mid-eighteenth-century house had lost its original windows and the opening sizes had been altered (left). These works had damaged a carefully proportioned classical design. Detailed research, including an analysis of surviving original windows, led to restoration of the openings to their original proportions and the fabrication of historically accurate sashes and frames (above) 7.7.3 Conjectural restoration of a protected structure, or part of a structure, should generally only be permitted where there is sufficient physical or documentary evidence of the earlier state of the structure or element or where restoration is necessary to enhance the appreciation of other elements that contribute to the character of the structure. For example, if a Georgian house has in the past had its original roof replaced with a flat roof, the reinstatement of an appropriately designed pitched roof to the building will enhance the appearance of the façade and possibly of a whole terrace of buildings. Similarly, a case may sometimes be made to reinstate a symmetrical composition part of which has previously been lost. The practice of ‘restoring’ a building or structure to an appearance at some notional date in its history should generally not be permitted, nor should the practices of moving buildings or of reducing them to mere façades be permitted except in exceptional circumstances. 7.7.4 The replication of a lost feature may be appropriate in some circumstances where the essential form and detailing are still evident, so that the physical evidence can be used to reestablish the feature as an integral part of the works. For example, where a carved bracket is missing from a shopfront, the profile and material of the missing feature may be determined from a surviving bracket elsewhere on the same shopfront. A replacement feature should harmonise with its surroundings and it should be a condition that the incorporation of any replacement feature is not to the detriment of later work of quality or interest. Any reconstruction of details should be permitted on a selective rather than a systematic basis. 7.7.5 Another acceptable option to replace a lost element would be to incorporate, as a new feature, a design that is sympathetic with the remaining historical features of the building. Where this is permitted, it should be a condition that the new feature take into account the size, scale and material of the building itself, and care should be taken to avoid creating a false historical appearance. Where elements of a composition have been lost, new work should generally avoid creating a false historical appearance while respecting the scale and materials of the surviving fabric, as has happened here in the conversion of a shop to office use
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