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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- The Development Plan Record of Protected Structures CHAPTER 2
- Architectural Heritage Protection Guidelines for Planning Authorities 21 CHAPTER 2 THE DEVELOPMENT PLAN Record of Protected Structures 2.1 The Record of Protected Structures 2.1.1 Each development plan must include policy objectives to protect structures or parts of structures of special interest and to preserve the character of architectural conservation areas within its functional area.1 The primary means of achieving the former objective is for the planning authority to compile and maintain a record of protected structures for its functional area to be included in the development plan. A planning authority is obliged to include in the RPS every structure which, in its opinion, is of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest. This responsibility will involve the planning authority in reviewing its RPS from time to time (normally during the review of the development plan) with a view to making additions or deletions. 2.1.2 Protecting the architectural heritage is an important function of the planning authority. Care should be taken when compiling the RPS that all reasonable research has taken place and that all structures included merit protection. The superficial condition of a structure should not rule out its inclusion in the RPS. The eligibility of any structure may be reassessed at a later time if further relevant information becomes available. 2.2 Protected Structures and Proposed Protected Structures Protected structures 2.2.1 A ‘protected structure’ is defined as any structure or specified part of a structure, which is included in the RPS. 2.2.2 A structure is defined by the Act as ‘any building, structure, excavation, or other thing constructed or made on, in or under any land, or any part of a structure’. In relation to a protected structure or proposed protected structure, the meaning of the term ‘structure’ is expanded to include: a) the interior of the structure; b) the land lying within the curtilage of the structure; c) any other structures lying within that curtilage and their interiors, and d) all fixtures and features which form part of the interior or exterior of the above structures.2 2.2.3 Where indicated in the RPS, protection may also include any specified feature within the attendant grounds of the structure which would not otherwise be included.3 2.2.4 There are no categories or grades of protected structures under the Act. A structure is either a protected structure or it is not. Details of the nature and extent of protection for each individual structure can be ascertained by issuing a declaration under Section 57 of the Act. 1 Section 10, 2000 Act 2 Section 2, 2000 Act 3 Section 2, 2000 Act Structures located within the curtilage of a protected structure are also protected along with their interiors, fixtures and features Protection can extend to features within the attendant grounds of a protected structure provided they are specified in the RPS. Alternatively they can have a separate listing in their own right
- CHAPTER 2 THE DEVELOPMENT PLAN Record of Protected Structures Architectural Heritage Protection Guidelines for Planning Authorities 22 Proposed protected structures 2.2.5 A ‘proposed protected structure’ is a structure whose owner or occupier has received notification of the intention of the planning authority to include it in the RPS. Most of the protective mechanisms under the Act apply equally to protected structures and proposed protected structures. However, an owner or occupier of a proposed protected structure cannot apply for a declaration under Section 57. A planning authority cannot serve a notice to require works to be carried out in relation to the endangerment of a proposed protected structure, nor can a notice requiring restoration of character be served in relation to a proposed protected structure. A planning authority cannot acquire a proposed protected structure under Section 71. 2.2.6 Once a planning authority notifies an owner or occupier of the proposal to add a particular structure to the RPS, protection applies to that proposed protected structure during the consultation period, pending the final decision of the planning authority. 2.3 Compiling the Record of Protected Structures 2.3.1 A planning authority may add or delete a structure from its RPS by the following procedures as appropriate: a) in accordance with a review or variation of its development plan as set out in Section 12 of the Act or b) at any other time by following different prescribed procedures laid out under Section 55. 2.3.2 The making of an addition to, or deletion from, the RPS is a function that is a matter for the elected representatives.4 2.3.3 Most planning authorities will have an RPS that came into existence on 1 January 2000 in accordance with the provisions of the Local Government (Planning and Development) Act 1999. All structures ‘listed’ for either preservation or protection in a development plan at that date became ‘protected structures’. The task of deciding which further structures should be included in the RPS may be done on a case-by-case basis in three stages: a) identification; b) assessment and c) notification. 2.4 Stage 1: Identification There are a number of means by which a planning authority can identify structures of special interest within its functional area. Planning authority ‘lists’ 2.4.1 Under earlier legislation, planning authorities will generally have already compiled, through their development plans, a list of structures which they wished to ‘preserve’ or ‘consider for preservation’. While some structures may have been altered since they were listed, it is recommended that all of those on the existing lists, particularly those only listed for ‘protection’ (rather than ‘preservation’), be reassessed. National Inventory of Architectural Heritage 2.4.2 The National Inventory of Architectural Heritage (NIAH) is a unit within the Department of Environment, Heritage and Local Government engaged in compiling an evaluated record of the architectural heritage of Ireland. Where an NIAH survey of a particular area has been published, relevant planning authorities will be provided with information on structures within the area of that survey. The planning authority can assess the content of, and the evaluations in, an NIAH survey with a view to the inclusion of structures in the RPS according to the criteria outlined in these guidelines. Ministerial recommendations 2.4.3 The Minister may make recommendations to a planning authority under Section 53 (1) of the Act concerning the inclusion in the RPS of a structure, specific parts of any structure or specific features within the attendant ground of a structure. A planning authority must have regard to any recommendation made to it by the Minister. Should a planning authority, following consideration, decide not to comply with a ministerial recommendation, it is obliged to inform him in writing of the reason for this decision.5 2.4.4 The Minister may make recommendations regarding individual structures at any time. In addition, where an NIAH survey has been carried out, those 4 Section 54 (2), 2000 Act 5 Section 53 (3), 2000 Act
- Architectural Heritage Protection Guidelines for Planning Authorities 23 CHAPTER 2 THE DEVELOPMENT PLAN Record of Protected Structures structures which have been attributed a rating value of international, national or regional importance in the inventory will be recommended by the Minister to the planning authority for inclusion. Inventories carried out by planning authorities 2.4.5 Where an NIAH survey has not been undertaken or completed, and officials or consultants with the requisite skills are available, planning authorities are advised to generate their own inventory data. It is recommended that planning authorities, when carrying out or commissioning their own inventory, follow the recording and evaluation procedures developed by the NIAH. In some cases, it may be possible to carry out such surveys in partnership with the NIAH so that the results of the survey can be formally added to the national inventory. The Record of Monuments and Places 2.4.6 The Archaeological Survey of Ireland (a unit within the Department of Environment, Heritage and Local Government) has carried out a document-based survey of sites of archaeological potential. This information has been used as the basis for inclusion in the Record of Monuments and Places (RMP), established under the National Monuments (Amendment) Act 1994, which gives statutory protection to those sites.6 2.4.7 Generally, it is only appropriate to give protection through the RPS to RMP sites which also constitute part of the architectural heritage. For example, this could include upstanding remains such as buildings, standing walls, vaults, enclosed spaces and the like, which may be subject to re-use. Earthworks, for example, would be unlikely to be re-used. Similarly RMP sites described as ‘site of’, where there are no visible remains above ground, would not generally be appropriate for inclusion in the RPS nor would an archaeological artefact (such as a graveslab), as these do not come under the definition of a ‘structure’ within the meaning of the Act. 2.4.8 Once a recorded monument satisfies any of the criteria of special interest for inclusion in the RPS, the planning authority should use the protective mechanisms offered by planning legislation. While there is an overlap, inclusion in the RPS usefully supplements and expands the protection afforded under the National Monuments Acts. Pre-1700 churches in use, especially, should be protected under planning legislation, as these are excluded from the provisions of the National Monuments Acts. Other sources 2.4.9 Available research sources will vary from one area to another. Potential protected structures may be identified by using one or more of the following sources: a) earlier architectural surveys including An Foras Forbartha reports; b) a range of repositories listed in Appendix A below; c) historic maps which show the topography of an area and how it evolved; d) textbooks and academic theses in the areas of architecture, history, historical geography, history of art or social history; e) books and other publications such as historic guidebooks, local histories, pamphlets or street directories; f ) consultation with special interest or local interest groups; g) public consultation. 2.5 Stage 2: Assessment Using Part 2 of these guidelines 2.5.1 A planning authority must decide whether a structure is worthy of inclusion in the RPS by identifying the characteristics of special interest which would merit its inclusion. Part 2 of these guidelines indicates features which may contribute to the character and special interest of a structure, under the heading ‘Identifying special features for protection’. The criteria given below should be applied when selecting proposed protected structures for inclusion in the RPS. Illustrative examples are also provided. Although there is no statutory requirement to do so, it is recommended that reference to the relevant category, or categories, of special interest be included in the file of the RPS. 6 Section 12 (1), National Monuments (Amendment) Act 1994 Upstanding structures protected under the National Monuments Acts can be considered for inclusion in the RPS such as this building which contains a substantial amount of mediaeval fabric
- CHAPTER 2 THE DEVELOPMENT PLAN Record of Protected Structures Architectural Heritage Protection Guidelines for Planning Authorities 24 Protecting part of a structure 2.5.2 Although it is possible to give protection to part only of a structure, the initial assessment should include the whole of the structure including the interior and rear of the structure, the land within its curtilage and any structures in the curtilage before it is established that only a specified part of the structure is worthy of protection. Where only a part of a structure is currently listed for protection, consideration should be given to extending protection to the entire structure. For example, where the protected structure is a plaque, a shopfront or a façade, the entire structure of which the element is part may also be of interest and worthy of protection. The protection of a façade alone should generally only be considered where there is no surviving interior of any interest, for example where the building has previously been gutted and the façade is the only remaining feature of the original historic building. Generally a façade relates integrally to its building, which may retain interior detail of note including, for example, the original spatial plan, shop-fittings or decorative elements such as chimneypieces, staircases, window shutters or cornices. Elements of the external envelope and/or within the curtilage may also be of intrinsic interest and worthy of protection; these might include the roof, the rear elevation, outbuildings or other site features. Assessing structures of local interest 2.5.3 It is the responsibility of the planning authorities to make their own assessment of the most appropriate way to protect structures that have not been inspected by the NIAH or those given a rating of ‘local importance’ by the inventory. In light of the authority’s own assessment of the special interest of a structure, it may decide whether it is more appropriate to protect the structure by inclusion in the RPS or within an ACA. Protection by inclusion within an ACA may be more appropriate where a group of structures is of value because of its contribution to the streetscape or other area and where the interiors and curtilages do not merit the level of protection afforded by the RPS. Categories of special interest 2.5.4 The Act requires that a protected structure be of special interest under one or more of the following categories.7 a) Architectural; b) Historical; c) Archaeological; d) Artistic; e) Cultural; f ) Scientific; g) Technical; h) Social. 2.5.5 These categories are not mutually exclusive, for example, a structure may be of historical, as well as architectural, interest. The RPS should represent the diversity of the architectural heritage within a planning authority’s functional area and include structures with various special interests. The strength of an RPS depends on the clarity of the assessment procedures, which should be impartial and objective. 2.5.6 The purpose of protection – the control and management of future changes to a structure – should be borne in mind when evaluating those special interest categories which may not relate directly to the physical fabric, such as historical, social and cultural interests. This would occur where, for example, a building is of interest because of its connection with a historic figure although the structure may have been largely altered since that figure lived there. 7 Section 51 (1), 2000 Act In some cases only part of a structure should be protected as with this church gable wall behind which lies a modern structure
- Architectural Heritage Protection Guidelines for Planning Authorities 25 CHAPTER 2 THE DEVELOPMENT PLAN Record of Protected Structures Architectural interest 2.5.7 The characteristics of architectural interest may be attributed to a structure or part of a structure with such qualities as the following: a) a generally agreed exemplar of good quality architectural design; b) the work of a known and distinguished architect, engineer, designer or craftsman; c) an exemplar of a building type, plan-form, style or styles of any period but also the harmonious interrelationship of differing styles within one structure; d) a structure which makes a positive contribution to its setting, such as a streetscape or a group of structures in an urban area, or the landscape in a rural area; e) a structure with an interior that is well designed, rich in decoration, complex or spatially pleasing. Historical interest 2.5.8 The notion of historical interest underpins a general belief that it is worthwhile to preserve and conserve structures, sites and information from past centuries. The level of importance of the historical connection and its relationship to the existing fabric of the structure should be assessed. The historical interest relating to a structure or parts of a structure may be identified in various ways. a) A structure may have historical interest as the location of an important event that occurred in, or is associated with it, or by its association with a historic personality. Some events or associations may be so important that the place retains its significance regardless of subsequent alteration. Where an otherwise unremarkable structure has historical associations, it may be more appropriate to commemorate the association with a wall-mounted plaque. Where the decision is difficult, it is helpful to discover whether other buildings connected with the personality or event still exist (and if they are protected) and to make an assessment that takes account of the value of such a group. b) A structure may have influenced, or been influenced by, an historic figure. Important people may have lived in the structure or have been otherwise associated with it – for example its patron, designer or builder. Places in which evidence of an association with a person survive, in situ, or in which the settings are substantially intact, are of greater significance than those which are much changed or in which much evidence does not survive. c) Historical interest can be attributed where light is thrown on the character of a past age by virtue of the structure’s design, plan, original use, materials or location. d) A structure may be a memorial to a past event; e) A structure itself may be an example of the effects of change over time. The design and fabric of the structure may contain evidence of its former use or symbolic meaning. This may be the case with former gaols or churches that have since changed and, in so doing, illustrate a historic development. f ) Some fixtures and features may survive, for example in consistory courts and courts of law, that are important evidence of former liturgical or legal practice and may have special historical interest for that reason. Innovative design of any period can be of special architectural interest, whether the architect is renowned or anonymous. Also of special architectural interest can be the harmonious arrangement of architectural styles of different periods
- CHAPTER 2 THE DEVELOPMENT PLAN Record of Protected Structures Architectural Heritage Protection Guidelines for Planning Authorities 26 g) Some unusual structures may have historical or socio-historical interest, for example, early electricity substations, ‘Emergency’ era military pillboxes or sentry-boxes. Although not yet of popular heritage significance, such structures can nonetheless have special historical and social interest. h) Special historical interest may exist because of the rarity of a structure. Either few structures of an identifiable type were built at a particular time, or few have survived. In either case, the extant structure may be one of the few representative examples of its time that still exists in the national, regional or local area. The rarity of surviving examples of a building type can ensure that special historical interest accrues to them. A planning authority should give careful consideration to protecting any examples of rare structures in its area, bearing in mind the degree to which past interventions may have altered their character. Archaeological interest 2.5.9 Special archaeological interest is essentially defined by the degree to which material remains can contribute to our understanding of any period or set of social conditions in the past (usually, but not always, the study of past societies). The characteristic of archaeological interest in the context of the RPS must be related to a structure. Structures of special archaeological interest may also be protected under the National Monuments Acts. 2.5.10 Structures can have the characteristics of both archaeological and architectural interest as these are not mutually exclusive. For example, the party walls or basements of houses of later appearance may contain mediaeval fabric and reveal information of archaeological interest. The standing walls of a sixteenth-century towerhouse will have both characteristics of interest. Fragments of early fabric, including carved or worked stone, may have been re-used in later buildings giving these structures archaeological significance as the current context of historically significant material. A complex of industrial buildings may have archaeological interest because of its potential to reveal artefacts and information about the evolution of industry that may be useful to archaeologists, historians and the public. Some structures may be linked with a specific historic event or period in time such as the Treaty Stone (top) and the Emergency era pillbox (bottom), while the special interest of others may lie in the accumulation of historical evidence contained within their built fabric (middle) A structure of special archaeological interest will contribute to an understanding of the past whether through the information it can provide on past industrial processes (top), or its built form, having a corbelled upper floor (middle) or its reuse of fragments from an earlier building (bottom)
- Architectural Heritage Protection Guidelines for Planning Authorities 27 CHAPTER 2 THE DEVELOPMENT PLAN Record of Protected Structures Artistic interest 2.5.11 Special artistic interest may be attributed to a structure itself, or to a part of a structure, for its craftsmanship, design or decoration. Examples could include: a) examples of good craftsmanship; b) decoratively carved statuary or sculpture that is part of an architectural composition; c) decoratively-carved timber or ceramic-tiled shopfronts; d) ornate plasterwork ceilings; e) decorative wrought-iron gates; f ) religious art in a place of public worship such as the Stations of the Cross or stained-glass windows; g) fixtures and fittings such as carved fireplaces, staircases or light-fittings; h) funerary monuments within a graveyard; i) the relationship of materials to each other and to the totality of the building in which they are situated, if these have been designed as an ensemble. 2.5.12 For an artistic work to be given protection under the Act, its degree of annexation to the structure should be taken into account. If the work of art is effectively fixed to the structure, it can be considered a part of the structure and therefore protected. Elements of artistic interest can make a significant contribution to the character of a structure whether created by a renowned artist such as Harry Clarke (top) or by lesser known or anonymous craftsmen of any era (middle and bottom)
- CHAPTER 2 THE DEVELOPMENT PLAN Record of Protected Structures Architectural Heritage Protection Guidelines for Planning Authorities 28 Carnegie libraries (top) are physical reminders of the development of culture and learning in society, while buildings such as the Tyrone Guthrie Centre (bottom) foster present-day creative artists. These buildings may be deserving of protection for their special cultural interest in addition to any other special interest they may have Cultural interest 2.5.13 The characteristic of cultural interest permeates the architectural heritage and can, in the broadest terms, include aesthetic, historical, scientific, economic or social values of past and present generations. Special cultural interest apply to: a) those structures to which the Granada Convention refers as ‘more modest works of the past that have acquired cultural significance with the passing of time’; b) structures that have literary or cinematic associations, particularly those that have a strong recognition value; c) other structures that illustrate the development of society, such as early schoolhouses, library buildings, swimming baths or printworks. If these associations are not related to specific aspects of the physical fabric of a structure, consideration could be given to noting them by a tourism plaque or other such device. Scientific interest 2.5.14 The scientific interest, or research value, of a structure will depend on the importance of the data involved and on its rarity and/or quality. Its scientific interest should also be assessed as to how well it represents the area of research in question and the degree to which the structure may contribute further objective information. For example: a) the results of scientific research may be seen in the execution of the structure; b) the materials used in the structure may have the potential to contribute to scientific research, for example extinct pollen or plant species preserved in the base layers of ancient thatch roofs; c) the structure may be associated with scientific research that has left its mark on the place, such as early Ordnance Survey benchmarks carved into stonework. The use of a structure such as the Great Telescope at Birr Castle (top) can contribute to its special scientific interest. So too can physical evidence of scientific research on the built fabric such as Ordnance Survey benchmarks (middle) or the archaeobotanical evidence to be gleaned from historic underlayers of thatch or other organic materials (bottom)
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.