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 189 CHAPTER 12 SHOPFRONTS 12.5.2 Where there is an obvious need for enhanced security, the use of alternative methods of protection should be considered, including, where appropriate, the use of laminated glass, internal shutters mounted behind the shopfront display or external demountable grilles. 12.6 New Shopfronts 12.6.1 The design of a new shopfront for installation into a protected structure requires careful consideration and should not detract from the character of the rest of the building. This does not mean that the design of the new shopfront should be an imitation of past styles. A sympathetic well-designed modern intervention will usually be preferable to an illproportioned imitation of a traditional shopfront. 12.6.2 New shopfronts should generally not be permitted to extend into the floor above, thus concealing the first-floor windowsills and perhaps part of the openings, unless this was part of the original design of the building. Where a new shopfront is proposed as a replacement for an inappropriate one of little merit, the opportunity could be taken to ensure that elements of the new shopfront, such as the signboard and the display windows, are appropriately scaled in relation to the building as a whole. 12.6.3 Standard corporate frontages are rarely appropriate to historic buildings or streetscapes, nor are large plate glass frontages that require the partial demolition of a ground-floor façade. Large, illuminated fascia or projecting signs can potentially damage the character of a historic building or street and proposals to install these should be carefully scrutinised. 12.6.4 Where the shop or premises now occupies more than one original building, a new, single shopfront should not be allowed to straddle originally distinct elevations. 12.6.5 Commercial usage does not necessarily require the insertion of new shopfronts or display windows. Where the existing ground floor of a protected structure retains its original openings and intact wall fabric, the planning authority should not generally permit proposals to alter these original features to provide a shopfront or display windows. Often new, so-called ‘traditional-style’ timber shopfronts have little in common in their proportioning and detailed design with the true traditional shopfront, sometimes using glass-reinforced plastic imitation brackets and plywood pilasters. A well-designed contemporary shopfront, such as this example, which reflects the design values of its own time while respecting its historic location, can be a more honest and pleasing solution Some protected structures, in which every element of the façade is carefully orchestrated, cannot readily take the alterations required by a change of use without affecting the strong character of the original design. In this illustration, a successful transition has been made from a bank to a shop with discreet signage located inside the shop window
- Curtilage and Attendant Grounds CHAPTER 13
- Architectural Heritage Protection Guidelines for Planning Authorities 191 CHAPTER 13 CURTILAGE AND ATTENDANT GROUNDS 13.1 Determining the Curtilage of a Protected Structure 13.1.1 By definition, a protected structure includes the land lying within the curtilage of the protected structure and other structures within that curtilage and their interiors. The notion of curtilage is not defined by legislation, but for the purposes of these guidelines it can be taken to be the parcel of land immediately associated with that structure and which is (or was) in use for the purposes of the structure. It should be noted that the meaning of ‘curtilage’ is influenced by other legal considerations besides protection of the architectural heritage and may be revised in accordance with emerging case law. 13.1.2 In many cases the curtilage of a protected structure will coincide with the land owned together with it but this is not necessarily so. For example, in the case of a town house, the main house, the area and railings in front of it, cellars below the footpath, the rear garden and mews house may be considered to fall within its curtilage even where the mews house is now in a separate ownership. The planning authority should ensure, in such cases, that all relevant owners and occupiers are notified of the protected status of their structures. In the case of a large country house, the stable buildings, coachhouses, walled gardens, lawns, ha-has and the like may all be considered to form part of the curtilage of the building unless they are located at a distance from the main building. 13.1.3 It should be noted that the definition of curtilage does not work in reverse – a stable building may be within the curtilage of the main house which it was built to serve but the main house cannot be described as being within the curtilage of the stable building. It should also be noted where a protected structure is an element of a structure, it may, or may not, have a curtilage depending on the degree to which is could in its own right be considered to be a structure. For example, a re-used doorway affixed to a later structure could not be said to have a curtilage. 13.1.4 The extent of the curtilage will need to be determined on a case-by-case basis and should ideally be identified by the planning authority prior to inclusion of the structure in the RPS, although The formal layout of this small country house, with its outbuildings set on axis, is a good illustration of the physical, aesthetic and use-related connections existing between the principal and ancillary structures that help define the boundaries of the curtilage and the extent of the protected structure
- CHAPTER 13 CURTILAGE AND ATTENDANT GROUNDS Architectural Heritage Protection Guidelines for Planning Authorities 192 this is not always necessary. Where the curtilage has not previously been identified, a planning authority should take the opportunity to identify its extent at the time of making a declaration in respect of the protected structure. Where parts of the curtilage are in different ownership, the planning authority should ensure that separate notification is issued to each owner and/or occupier. 13.1.5 In making a decision as to the extent of the curtilage of a protected structure and the other structures within the curtilage, the planning authority should consider: a) Is, or was, there a functional connection between the structures? For example, was the structure within the curtilage constructed to service the main building, such as a coach-house, stores and the like? b) Was there a historical relationship between the main structure and the structure(s) within the curtilage which may no longer be obvious? In many cases, the planning authority will need to consult historic maps and other documents to ascertain this; c) Are the structures in the same ownership? Were they previously in the same ownership, for example, at the time of construction of one or other of the structures? 13.2 Determining the Attendant Grounds of a Protected Structure 13.2.1 The attendant grounds of a structure are lands outside the curtilage of the structure but which are associated with the structure and are intrinsic to its function, setting and/or appreciation. In many cases, the attendant grounds will incorporate a designed landscape deliberately laid out to complement the design of the building or to assist in its function. For example, the attendant grounds to a mill building will include, where these survive, the mill-race, millpond, the tail-race, flumes, sluice-gates, and any related weirs and dams. Flax-mills may have had drying greens. The attendant grounds of a country house could include the entire demesne, or pleasure grounds, and any structures or features within it such as follies, plantations, earthworks, lakes and the like. 13.2.2 Where the curtilage of a protected structure has altered since the time of its construction, there may be important features of the original, or of a previous, curtilage which would not automatically be protected within the definition of the protected structure. 13.2.3 A planning authority has the power to protect all features of importance which lie within the attendant grounds of a protected structure. However, such features must be specified in the RPS and the owners and occupiers notified in order for the features to be protected. 13.2.4 When identifying features for protection within the attendant grounds of a protected structure, it is important that the planning authority has knowledge of the historical development of the site and the interrelationship of the elements. This may require research into old maps, documents or drawings to determine the extent of any attendant grounds and to identify surviving features such as gate-lodges, designed vistas, avenues, gardens, earthworks, woodlands and other landscape features, boundary walls and any other structures associated with the protected structure. There may also be a need to consider the existence of any buried features such as the foundations of demolished ancillary buildings, filled-in mill-ponds, overgrown or grassed-over garden features and the like. An inspection of the site will be required to locate the existence of important features of the attendant grounds and assess their contribution to the character of the protected structure. 13.2.5 The planning authority should be clear about what land, structures or features it wants to protect and should use other legislative powers available to it to protect these rather than try to stretch the definition of curtilage beyond its true meaning. For example, where there is doubt as to whether or not distant features such as boundary walls, dovecotes, icehouses or gate-lodges are within the curtilage of a protected structure, the planning authority can ensure their protection by specifying them within the RPS as features for protection within the Changes in the ownership and subdivision of property can affect the extent of a curtilage. The structures illustrated here, including a dovecote, glasshouses and outbuildings have, for some time, no longer been associated with the principal house although originally within its curtilage. In order to be protected as items within the attendant grounds they must be specified in the RPS. Alternatively, they could be included in the RPS in their own right
- Architectural Heritage Protection Guidelines for Planning Authorities 193 CHAPTER 13 CURTILAGE AND ATTENDANT GROUNDS attendant grounds of the protected structure and notifying all owners and occupiers. Alternatively, the planning authority has the power to establish an ACA to include the land, structures or features it wishes to protect. The designation of an ACA could be used to protect a former country house demesne and the structures and features within it or a churchyard containing the church itself and a disparate group of fine monuments. 13.2.6 Where the present curtilage of the protected structure has not been established at the time of inclusion in the RPS, the planning authority should ensure that all important features are either: a) specified as being in the attendant grounds of the protected structure or b) are themselves entered in the RPS and c) the owners and occupiers notified of the protection. 13.3 General Principles 13.3.1 Features within the curtilage and attendant grounds of a protected structure can make a significant contribution to the character of that structure. The designed landscape associated with a protected structure was often an intrinsic part of the original design concept and, as such, inseparable from the building. Where proposals are made for alterations to a designed landscape, ancillary buildings, structures or features within the curtilage or attendant grounds of a protected structure, a site inspection should be carried out by the planning authority in order properly to understand the potential effects of the proposed development. 13.3.2 When assessing the contribution of structures or features within the curtilage or attendant grounds to the character of a protected structure, and when considering any proposals to alter such features, the following should be considered: a) What items of interest are there within the present curtilage of the structure? b) Was this the original curtilage of the structure or are there likely to be other items of interest that are, or once were, associated with this structure and which now lie beyond its curtilage but within its attendant grounds? c) Are there any other items of interest which, while not original, are later additions of merit? d) Do any items within the curtilage or attendant grounds affect the character of the main structure and help to define its special interest? e) Do any items within the curtilage or attendant grounds affect the character of other structures? For example, boundary walls, railings, gates and gardens can contribute to the character of other protected structures or to the character of an ACA; f ) How are the boundaries of the site enclosed or demarcated? Are there walls, railings, fences, ditches or ha-has, gates or gate piers? g) Are there other buildings within the curtilage or attendant grounds? Were these other structures connected with the previous use or enjoyment of the protected structure? For example, with a country house there may be such structures as outbuildings, coach-houses, stables, icehouses, dovecotes, follies, gate-lodges and others; h) Are there features of interest within the curtilage or attendant grounds connected with the use or enjoyment of the protected structure? For example, a mill may have associated features such as a mill-race, a mill-pond, a tail-race, sluicegates, weirs, dams, and drying greens; i) Are there designed landscape features within the curtilage or attendant grounds connected with the protected structure or its ancillary buildings? These may include ornamental planting, earth works, avenues, gardens, ponds, woodlands or other plantations; j) Are there any items or structures within the curtilage which detract from the character of the protected structure? These might include, for example, later structures or planting which mar views of the structure or its relationship with other, more important, structures within the curtilage or attendant grounds. Does the opportunity exist to reverse any adverse impacts? Where a demesne survives without its principal house but with many of its features intact – entrance gates and lodges, follies, bridges, service buildings and the like – these structures can be individually protected within the RPS. The demesne could also be designated as an ACA in order that these structures, and the designed landscape as a whole, may be considered as a group
- CHAPTER 13 CURTILAGE AND ATTENDANT GROUNDS Architectural Heritage Protection Guidelines for Planning Authorities 194 13.4 Features within the Curtilage of a Protected Structure or its Attendant Grounds Boundary Features IDENTIFYING SPECIAL FEATURES FOR PROTECTION 13.4.1 The features used to define the boundaries of a protected structure can often make an important contribution to the quality and character of the building and the surrounding streetscape or landscape. Such structures may include rubble, brick or rendered boundary walls, metal or timber railings on stone or brick-plinth walls, gate piers of iron, brick, ashlar or rubble and gates of iron or timber. There may be other ironwork details in addition to railings, such as gates, gate-posts and corner-posts, finials, bell-pulls, lamp-holders, lamp standards, overthrows, fencing, and the like. 13.4.2 The present curtilage of the protected structure may not be its original curtilage. Later structures may have been built within the original curtilage and the earlier site subdivided. In such cases, the planning authority should take care to identify, using old maps or other documentation, any surviving boundary walls and other details which originally pertained to the protected structure and now lie within its attendant grounds and which merit protection. CONSIDERATION OF PROPOSALS AFFECTING BOUNDARY FEATURES Alterations to boundary features 13.4.3 Proposals to remove or alter boundary features could adversely affect the character of the protected structure and the designed landscape around it. Widening an entrance or altering flanking walls or railings will alter the scale and visual impact of the gate and gate piers. Relocating a gateway may destroy a carefully designed relationship between the entrance and the main building. Proposals to lower or raise the height of boundary walls should also be given careful consideration as such alterations can have a detrimental effect on the character of a protected structure and on the character of an ACA. 13.4.4 While some minor changes may be granted planning permission, the cumulative effect on the character of the street or area of a series of incremental changes may not be acceptable. 13.4.5 Many boundary features are in shared ownership with adjoining properties. Where this is likely to have implications for the adjoining owner or occupier, notification of the entry into the RPS The style and materials of structures used to demarcate the boundaries of a protected structure, its curtilage and attendant grounds can add significantly to its character and that of the surrounding area. This rubble stone wall and fine stone gate piers line the approach to an important complex of stables and farm buildings Boundary features such as gates were often designed and located to enhance the approach to a building, as seen with this example of an arched lamp bracket sited to light the gateway and path to the front door. Relocating or removing such features would not only make them liable to damage during the works but may also adversely alter the relationship between the structure and the features of its curtilage Shared ownership of a protected structure most obviously occurs with boundary walls in urban locations; however historic items such as wall-mounted post-boxes, in separate ownership, can add interest to rural or urban boundary walls
- Architectural Heritage Protection Guidelines for Planning Authorities 195 CHAPTER 13 CURTILAGE AND ATTENDANT GROUNDS should be issued to the joint owner/occupier of the feature in addition to the owner/occupier of the protected structure. Repair of ironwork 13.4.6 Where the repair of historic ironwork associated with the curtilage is proposed, it should be made a condition of any planning permission that as much of the existing material as possible is retained rather than renewed. Additional material could be permitted where necessary to reinforce or to support the existing material. In situ repairs cause less damage to ironwork than dismantling and reerecting. The embedding of the bases of iron railing balusters in concrete haunching should not be permitted. Not only is this aesthetically unacceptable, it is likely to encourage further fractures and deterioration of the ironwork. 13.4.7 Where paint-stripping of historic ironwork is proposed, and where there is likely to be evidence of original or interesting subsequent paint history, a small area of ironwork could be left unstripped or a proper paint analysis carried out before the work takes place. The method of paint-stripping should be appropriate to the type of ironwork. 13.4.8 Where recent inappropriate alterations have taken place, such as the replacement of part of the railings or an element such as a gate, the opportunity could be taken to restore or replicate the missing element. Any such restoration should be based upon firm evidence of the original element using old photographs, drawings, or other reliable information such as the features of identical adjoining buildings. Basement Areas and Cellars IDENTIFYING SPECIAL FEATURES FOR PROTECTION 13.4.9 A feature of many buildings with a basement is a basement area. This is commonly a yard located below street or ground level usually, but not always, accessed by stairs from above giving access to kitchens and other service areas of a house located in the basement. Basement areas have in the past been subject to extensive alteration as it was felt that, being only partly visible, such alterations did not impact on the quality of the overall building. As a result many have been changed beyond recognition and the resulting loss of historic fabric has greatly diminished, not only the character of the entire building, but also the quality of the streetscape. It is possible, using surviving details from other parts of a protected structure, or from suitable adjacent examples on other buildings, to accurately repair damaged ironwork and replace lost elements, as has been carried out in this project Embedding the base of iron railings in concrete haunching can cause irreversible damage. While this set of railings had probably begun to deteriorate before the application of the concrete, it will now be impossible to successfully remove the concrete without damaging the delicate surviving ironwork The extension of a basement into the original area may have far-reaching impacts on the building. The need to provide natural light and ventilation to the extended basement accommodation, the loss of elements such as stairs and alterations to the façade, boundary walls and railings can result in a substantial change to the appearance of the structure at street level
- CHAPTER 13 CURTILAGE AND ATTENDANT GROUNDS Architectural Heritage Protection Guidelines for Planning Authorities 196 13.4.10 Elements which are becoming increasingly rare and which should be identified for protection include the railings and plinths surrounding basement areas, wicket-gates, cisterns, ice-boxes, stone stairs, iron handrails and uprights, stone paving and drainage channels. CONSIDERATION OF PROPOSALS AFFECTING BASEMENT AREAS 13.4.11 Many buildings with basements, particularly Georgian houses, also contain cellars that extend below the public pavement or occasionally the roadway. Where engineering works are proposed, these should be protected. Where coal holes with iron covers or interesting grilles and gratings exist, whether set into the pavement or the entrance landing, these should also be protected. 13.4.12 Proposals to allow separate use of the basement from the main building require careful consideration as this can lead to the development of the basement area separately from the main building, thus changing the entire character of the structure. It can also lead to pressure to replace the existing steep stone steps and iron handrails and to alter openings in the façade of the protected structure. 13.4.13 Proposals to infill a basement area below the entrance steps should not normally be permitted where this would damage the character of a protected structure. The erection of storage tanks within the basement area should not be encouraged. 13.4.14 Where previous inappropriate alterations have occurred causing damp problems in basement areas and cellars, consideration should be given to reopening original ventilation openings to cellars and basements, and other appropriate works. Such openings could include former window or door openings or flues and vents through existing walls. Hard landscaping IDENTIFYING SPECIAL FEATURES FOR PROTECTION 13.4.15 Elements of hard landscaping which are original or early make a significant contribution to the character of the building and its designed landscape and are important to the quality of an ACA. These may include elements such as stone paving, stone steps, cobbles or setts, tiling, gravelled or paved avenues, planting boxes, kerbs and the like. Their presence, form and detailing should be identified, protected and properly conserved. This elaborate access gate to the basement area is fabricated of plate and cast iron to match the adjacent stone balustrade. Surviving high-quality eighteenthcentury iron balustrading such as this is rare and significant While coal holes are often considered part of the public domain, they may in fact be part of a protected structure whose cellars extend below the pavement, in this case one paved with fine flagstones. There are regional and local variations to the design and shape of coal hole covers, many impressed with their manufacturers’ names The wear caused by traffic over many generations across cobbles, setts, flagstones or brick paviours gives them a patina which often makes a significant contribution to the character of a protected structure or of an ACA
- Architectural Heritage Protection Guidelines for Planning Authorities 197 CHAPTER 13 CURTILAGE AND ATTENDANT GROUNDS CONSIDERATION OF PROPOSALS AFFECTING HARD LANDSCAPING 13.4.16 A proposal to remove, re-lay in a different way or resurface in a different material any element of hard landscaping within the curtilage of a protected structure or within its designed landscape may detract from its character and should be scrutinised with care by the planning authority. 13.4.17 Where there are worn or damaged stone steps or paving, these should preferably not be built up in cement screed or similar artificial compounds as this would alter their appearance. Where necessary, and if the surface poses a danger, the existing stone should be redressed by a skilled mason or indented with matching stone. It should be a condition of these works that the original stonework is conserved and protected. 13.4.18 The colour and texture of any new hard-landscape features and their effect on the protected structure should be carefully considered. Gardens IDENTIFYING SPECIAL FEATURES FOR PROTECTION 13.4.19 Some protected structures are set within their own enclosed gardens or pleasure grounds. Gardens can range from the smaller front or rear gardens of an urban dwelling to larger, more complex gardens surrounding a country house or institutional building containing many ancillary structures and walled gardens. Ancillary structures might be ornamental such as statuary, follies, grottoes, terraces, steps, sundials, fountains and many more. There may also be functional structures such as greenhouses, melon-pits or wells. Special attention should be paid to formally designed gardens, particularly where they lie within the curtilage of a protected structure. The existence and location of original or early elements of garden design such as built features, paths, and planting beds should be identified. These recent stone bollards, of a plain and robust design, complement, in their solidity and materials, this important courthouse and discourage car-parking against the building and so reduce the potential for damage Gardens are generally a combination of built features and planting. Regardless of its size, a garden can make an important contribution to the character and setting of a protected structure, whether a minute formal garden, as illustrated here, or one extending over a large area with several distinct compartments
- CHAPTER 13 CURTILAGE AND ATTENDANT GROUNDS Architectural Heritage Protection Guidelines for Planning Authorities 198 CONSIDERATION OF PROPOSALS AFFECTING GARDENS 13.4.20 Gardens are generally a combination of built features and planting. Unlike works to structures, gardening does not require development consent. 13.4.21 Designed gardens associated with, and in the curtilage of, protected structures can be an integral part of the setting of the building. Such gardens can be seen as an extension to the house and, in some cases, planning permission will be necessary for major works such as significant landscaping or the removal or alteration of important design features. Careful consideration should be given to these proposals to ensure that they do not adversely affect the character of the protected structure or its curtilage. Planted features 13.4.22 Within the curtilage and/or attendant grounds of a protected structure there may be planted features which are important to the character and special interest of the structure and which contribute to its setting. These could include tree-lined avenues, decorative tree-clumps, woodlands, species plants or plant collections. 13.4.23 Many planted features, although they may form part of a designed planting scheme forming the setting of a building, cannot be described as built features and may not be protected as part of the protected structure. Where planted features contribute to the setting of a protected structure or an ACA, they should be protected by means of tree preservation orders or by the designation of a landscape conservation area, as appropriate. Unlike the conservation of structures, the conservation of gardens involves cycles of renewal. Planted elements within a garden are not static and may require continual replanting while built features and long-lived plants, such as the trees and box hedging in this illustration, are likely to survive In order that the specimen trees and woodlands decorating the attendant grounds of a structure are protected, specific objectives should be included in the development plan. In this case the estate is designated an Area of High Amenity, with detailed policies including the preservation of all the existing woodlands, including individual trees, groups of trees and avenues
Source Department of Arts, Heritage and the Gaeltacht: Architectural Heritage Protection: Guidelines for Planning Authorities (2011) · Licence the publisher's termsText read from the publisher’s PDF; tables, maps and drawings do not survive as text, and page numbers are the PDF’s (its first page is 1). Check the original before relying on a passage.