Architectural Heritage Protection: Guidelines for Planning Authorities

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   Architectural Heritage Protection Guidelines for Planning Authorities 29 CHAPTER 2 THE DEVELOPMENT PLAN Record of Protected Structures Technical interest 2.5.15 Special technical interest in a structure relates to the art of the structural engineer in devising solutions to problems of spanning space and creating weatherproof enclosures. It may be found in structures which are important examples of virtuoso, innovative or unusual engineering design or use of materials. A structure may be of special technical interest for one or more of the following reasons: a) it displays structural or engineering innovation evidenced in its design or construction techniques such as the use of cast- or wroughtiron prefabrication or an early use of concrete; b) it is the work of a known and distinguished engineer; c) it is an exemplar of engineering design practice of its time. For example, a bridge may be a masonry arch, an iron suspension or a concrete span; d) it displays technically unusual or innovative construction or cladding materials, such as early examples of glazed curtain walling, prefabricated concrete plank cladding or Coade stone; e) contains innovative mechanical fixtures, machinery or plant or industrial heritage artefacts that describe the character of production processes. The specifically industrial aspect of some sites like mill buildings, millponds, tailings or derelict mines can often have a technical heritage value; f ) purely special technical interest can be ascribed to the innovative engineering qualities of a structure, as distinct from the building’s appropriateness for use, or its appearance or form. Special technical interest can be associated with civil engineering achievements such as the construction of bridges, canals and aqueducts and also with the early or innovative use of materials such as concrete or steel

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   CHAPTER 2 THE DEVELOPMENT PLAN Record of Protected Structures Architectural Heritage Protection Guidelines for Planning Authorities 30 Social interest 2.5.16 The characteristic of special social interest embraces those qualities for which a structure, a complex or an area has become a focus of spiritual, political, symbolic or other sentiment to any group of people. A community may have an attachment to a place because it is an essential reference point for that community’s identity, whether as a meeting place or a place of tradition, ritual or ceremony. The configuration, disposition or layout of a space or group of structures, where they facilitate behaviour that would otherwise be difficult or impossible, may be of social interest. This category of special interest may sometimes not be directly related to the physical fabric of a particular structure or structures and may survive physical alteration. Care should be taken to recognise the pattern or internal relations of the parts of the structure that constitute its special interest, in order to ensure that they be conserved. 2.5.17 The fixtures and features that testify to community involvement in the creation of a structure, or have a spatial form or layout indicating community involvement in the use of a structure, could include such elements as memorials, statues or stained-glass panels. 2.5.18 A structure may display vernacular traditions of construction and may be set in a group or area which illustrates the social organisation of the inhabitants. Most obviously this would include thatched cottages. In vernacular buildings, elements of the plan-form (for example, direct-entry, lobbyentry, doors opposite one another, bed outshots etc), as well as the roofing material of otherwise ordinary structures may be distinctive and have special social interest. 2.5.19 Types of decoration may have artistic as well as social interest, such as shell houses or the local manifestation of exuberant or astylar stucco decoration where it is particular to a town or region. 2.5.20 A social interest could also be attributed to structures illustrating the social philosophy of a past age, as in the case of philanthropic housing developments. Structures which illustrate a particular lifestyle or social condition, for example holy wells, are to be found in many parts of the country. Care must be taken to ensure that there is sufficient physical fabric to such places for them to be defined as ‘structures’. 2.6 Stage 3: Notification Procedures for notification 2.6.1 Valid notification of all owners and occupiers under the Act is necessary for a structure to become a proposed protected structure.8 The Act has two separate procedures by which a planning authority notifies owners and occupiers of proposed additions to, or deletions from, the RPS. a) The notification procedure under Section 12 (3) is used for alterations proposed as part of the making, or reviewing, of a development plan; b) The notification procedure described in Section 55 can be used at any other time. 8 Section 2, 2000 Act Special social interest may be attributed to buildings such as almshouses which provide evidence of the social structure of past communities (top). This special interest may also exist in buildings such as Ardnacrusha generating station (middle) which marked the commencement of rural electrification, fundamentally altering the lives of many. Structures which provided a focal point for a community’s religious or spiritual activity such as holy wells (bottom) may also be of special social interest

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   Architectural Heritage Protection Guidelines for Planning Authorities 31 CHAPTER 2 THE DEVELOPMENT PLAN Record of Protected Structures Content of the notice 2.6.2 Under each of the above procedures, notice of the proposal to include a structure in the RPS must be served on each person who is the owner and occupier. The notice must include the particulars of the proposal such as information identifying the structure and its location and stating why it is proposed to include the structure in the RPS. 2.6.3 The notice must state where and when particulars of the proposed addition or deletion may be inspected and the time period for making submissions with regard to the proposal. This time period is ten weeks under Section 12 (3) (b) and six weeks under Section 55 (2) (a). The notice must state if the structure has been recommended for inclusion by the Minister. Serving the notice 2.6.4 The planning authority must make reasonable efforts to ascertain the identity of the owners and occupiers of a proposed protected structure. Where the owner cannot be identified, and no occupier is available to receive the notice, it is acceptable to affix a notice in a conspicuous place on or near the land or premises. For the avoidance of any doubt, the planning authority should keep a dated photograph9 of the notice fixed to the structure for future reference, together with a record of who affixed it, in the event the service of the notice is challenged. 2.6.5 It is possible that a part of the curtilage, or a specified feature within the attendant grounds of the structure, may not in fact be in the ownership or control of the notified party. In such cases both the owner and occupier of the principal structure and the owner and occupier of the specified feature must be notified separately. 2.6.6 The planning authority should take the opportunity at this stage of informing owners and occupiers clearly and simply of their rights and obligations under the legislation. A copy of the leaflet PL12 - A Guide to Architectural Heritage10 could be included with the notification and may be helpful. Public display of proposed additions and deletions 2.6.7 In addition to the obligation to notify the owners and occupiers of each individual structure, there is a requirement for a public notice. This should take the form of a notice published in at least one newspaper circulating within the planning authority’s functional area. This notice should contain the same information as the notice to owners and occupiers. 9 The image taken should be of a form which would be acceptable as evidence to support enforcement action or prosecution, such as a conventional photograph on film or a digital photograph on formatted disc 10 Available from the Department’s offices, Custom House, Dublin 1 The attendant grounds of a protected structure may contain structures and other features of interest such as follies which should be identified and included in the protection. Sometimes these may be in different ownership to the main building and their owners will require separate notification

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   CHAPTER 2 THE DEVELOPMENT PLAN Record of Protected Structures Architectural Heritage Protection Guidelines for Planning Authorities 32 Consideration of submissions 2.6.8 The planning authority must consider all submissions and observations before making its decision as to whether the proposed addition or deletion should be made. Where the proposed addition has been recommended by the Minister, the planning authority is obliged to forward to the Minister for his observations copies of all submissions and observations received. The Minister’s subsequent observations, if any, must be taken into consideration in the planning authority’s decision. 2.6.9 Where submissions or observations are received following the procedures outlined in Section 12 (2) and (3), that is, during a making or the review of a development plan, the manager will compile the submissions or comments into his/her report, including, if available, the advice of the conservation officer, for the members’ consideration in advance of adoption of the plan.11 Notification of the decision 2.6.10 The planning authority must then make its decision as to whether or not to make the proposed addition or deletion. Under Section 12 (6) the decision will be made when the development plan is formally adopted. Under Section 55 (4), the decision must be made within twelve weeks of the end of the public consultation period. 2.6.11 The planning authority must then notify the owners and occupiers of the protected structure of its decision. This must be done as soon as may be under Section 12 (13) or within two weeks under Section 55 (5). Transfer of ownership of a protected structure 2.6.12 The RPS carries through from one development plan to the next. Once notification has been carried out, there is no requirement to re-notify owners or occupiers when a new development plan is being made, unless deletion is proposed. 2.6.13 All future occupiers or purchasers of a protected structure or proposed protected structure are subject to the same duty of care as applied to the owner or occupier originally notified of the inclusion of the structure in the RPS. A planning authority is not required to re-notify future owners or occupiers of the protected status or proposed protected status of a structure. 2.6.14 It should be noted that Section 56 of the Act states that, where a structure is included in the RPS, its inclusion may be registered under the Registration of Title Act 1964, in the appropriate register maintained under that Act, as a burden affecting registered land within the meaning of that Act. Transitional arrangements under the 1999 Act 2.6.15 The transitional arrangements following commencement of the Local Government (Planning and Development) Act 1999 created a temporary exception to the notification procedures. Under Section 38 of that Act, any reference to the protection or preservation of a structure, or part of a structure, in a development plan current on 1 January 2000, including under the heading ‘Consideration for preservation’, ‘List 1’ or ‘List 2’ and even ‘Streetscape’ automatically made it a protected structure within the meaning of the 1999 Act. Owners and occupiers of these structures were notified of the changed status of these structures and given an opportunity to comment in advance of a decision being made to include the structure formally within the RPS. If the transitional arrangements were not availed of, a planning authority should use the provisions under Section 55 of the 2000 Act. 2.7 Deleting Structures from the Record of Protected Structures 2.7.1 Structures are deleted from the RPS by similar procedures to those laid down for making additions. Deletions will take place where the planning authority considers that the protection of a structure, or part of a structure, is no longer warranted. This will generally take place only when the structure has entirely lost its special interest value through major accident or where new information has come to light which proves that the special interest value was mistakenly attributed. Deletion from the RPS may also come about where it has been decided that a more appropriate method of protecting a particular structure would be by including it within an ACA. However, in such cases, the planning authority should be confident that the interior of the building is not of special interest before deleting it from the RPS. 11 Section 12 (4), 2000 Act

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   Architectural Heritage Protection Guidelines for Planning Authorities 33 CHAPTER 2 THE DEVELOPMENT PLAN Record of Protected Structures 2.8 The Form of the Record of Protected Structures 2.8.1 The Minister has prescribed the form of the RPS under Article 51 of the Planning and Development Regulations 2001. 2.8.2 The RPS should be clear and comprehensible. All protected structures within the functional area of a planning authority should be referred to in a single numbered list, ordered alphabetically by postal address, with each structure given a reference number unique in that planning authority area. For the sake of clarity there should be no organisational subdivision of the RPS into separate lists, for example of industrial heritage, houses, bridges, or for different geographical areas, or by perceived importance like ‘national’, ‘regional’ or ‘local’ (even if these are indicated by the NIAH), as this could lead to misunderstandings. Such categorisations or typologies, may, of course, be referred to, but should not be used to organise the list. 2.8.3 Table I below shows how the information in an RPS could be laid out. This format will facilitate those: a) familiar with the county but who only know the names of towns; b) with access to detailed 6 inches:1 mile scale (or equivalent) Ordnance Survey maps; c) with access to ‘Discovery’ series 1:50,000 scale Ordnance Survey maps which have the National Grid lines superimposed, and d) checking the protection status of a particular building at a given address. Identifying number 2.8.4 Each individual structure, including the constituent buildings of a terrace or a village group, should be given a separate entry in the RPS and numbered with a unique identifying number for the RPS of that planning authority. Address 2.8.5 In rural areas, the townland is generally the most important component of an address. If a townland name is not unique in the county area then either the electoral ward or name of the nearest postal town should be given. Where two or more structures in the same townland are to be protected, the structure’s name or summary identification should be used to augment the townland name (for example, ‘Brian Boru’s well’) and should clearly identify each. However, this must be used in conjunction with other locational information, such as a mapped location for the building, Describing a building as, for example ‘Murphy’s farmhouse’, may lead to confusion should ownership of the building subsequently change. 2.8.6 In urban areas, some or all of the following should be used to identify structures: a) town name; b) townland or district name, if appropriate. Where available, postal district numbers should be used; c) street name; d) number on the street; e) name of building. 2.8.7 Table I indicates possible approaches to setting out information on locating a structure, which will be useful in different circumstances. In the case of a village, there may be no street names and the townland divisions are useful. By placing the townland after the town name in RPS, all the buildings in the town appear in sequence. In the case of a town where the whole town lies within a single townland, the town name again has the primary classification function, followed in this case by the street name, and by the house number, where available. Where a town contains several townlands, as well as street names, it will usually be more convenient to give prominence to the street name rather than the townland name. Townland names and town names can be intermingled in the RPS so long as this does not create ambiguity. 2.8.8 A structure may be located on a street corner or on a street that has two alternative names. Where a structure’s location is known by two names, or straddles two townlands (as is frequently the case with bridges), the structure may be included in the list under both names but retaining a single reference number. Description 2.8.9 This column should give a brief common-sense description of the function of the structure to be protected, such as ‘bridge’, ‘thatched house’, ‘country house’, ‘demesne features’ or ‘business premises’. If part only of a structure is to be protected, the specific part should be identified, for example, ‘gateway only’.

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   CHAPTER 2 THE DEVELOPMENT PLAN Record of Protected Structures Architectural Heritage Protection Guidelines for Planning Authorities 34 Location Map 2.8.10 A map (or maps) of suitable scale to show the location of an individual structure should be prepared and kept together as a set. The clearest way this can be done is by relating a point on the structure to the National Grid. The location of the structure should also be marked on as large a scale map as practicable. However, accurate postal addresses will allow most users of the RPS to access the information. The map location for each individual protected structure should be indexed to the RPS list. The number of the appropriate Ordnance Survey map on which the structure is represented should be stated within the RPS. National Grid co-ordinates 2.8.11 Supplying the National Grid co-ordinates for the location of the structure is the least ambiguous way of locating a protected structure. These can be read from the superimposed grid printed on the 1:50,000 scale ‘Discovery’ series map or from scales in the margins of 1:1,000 scale maps. Particular care should be taken to quote the correct grid reference number. A ten-digit grid reference is acceptable for buildings in rural areas. In urban areas, it will be necessary to quote twelve-digit numbers. Some planning authorities will have GIS systems that can give the grid reference for particular locations automatically. Notes and specified features in the attendant grounds 2.8.12 This column may be used to clarify the identity of the structure. If necessary, this could be by reference to a former use of the structure – for example, ‘furniture factory’ under the ‘Description’ column might be clarified in the ‘Notes’ column as ‘Former Royal School’. Identifying the religious denomination could help differentiate two churches in the same locality dedicated to the same saint. 2.8.13 This column may also be used to specify any features in the attendant grounds of a protected structure which contribute to its character. For example, reference to ‘all demesne features’ could be used, if appropriate, to extend protection to those structures with a historical relationship with a country house. 2.8.14 If it would assist to describe the overall character of the protected structure, this column may be used qualitatively to summarise its setting, for example ‘character enhanced by isolated cliff-top location’ or ‘located in a mature woodland setting’. Cross-referencing inventory reference numbers 2.8.15 Where a NIAH survey has been carried out, each structure recorded will have been assigned a unique registration number. Where it would not cause confusion, the NIAH registration number may be indexed to the RPS. 2.8.16 If the structure has been included in the Record of Monuments and Places (RMP) under the National Monuments Acts, this should be indicated in the RPS, by reference to the RMP twelve-digit letter and number code. This will serve to alert the owner of the structure, as well as the planning authority, to its additional statutory protection. 2.9 Planning Authority’s Protected Structures Files 2.9.1 When setting up a database for the RPS, the planning authority may consider providing extra fields to the internal file. These could include: a) the categories of special interest attributed to the structure; b) the names of all notified owners and occupiers of the protected structure, and the date when this information was ascertained; c) a tick-box indicating whether or not the extent of the curtilage has been determined; d) when protection was first extended to the structure, if this is known; e) whether the planning authority has a photographic record of the structure; f ) whether the planning authority has historical or bibliographic documentation of the structure on file; g) whether the structure is also the subject of protection under the National Monuments Acts; h) whether a conservation grant has been given for the structure and details thereof; i) whether other archives are known to hold information on the structure; j) whether a declaration has been issued; k) whether any endangerment notices have been issued and details thereof; l) reference numbers of planning applications relating to the site; m) any other relevant information.

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   Architectural Heritage Protection Guidelines for Planning Authorities 35 CHAPTER 2 THE DEVELOPMENT PLAN Record of Protected Structures 2.10 Availability of the Record of Protected Structures 2.10.1 The RPS forms part of the development plan. However, as structures can be added to, or deleted from, the RPS at any time, the planning authority must maintain a continually updated copy of the record. This may be kept with the planning register at the public counter of the planning offices as a hard copy, in electronic form on a website, or both. The primary function of the RPS should be the unambiguous identification of the structures concerned. Individual records of each protected structure should be kept at the planning authority’s offices. 2.10.2 When collecting information from the owners or occupiers of structures, officers of the planning authority should clarify that it will be held on an understanding of confidentiality, subject to the requirements of the Freedom of Information Acts 1997 - 2003 and other legal requirements. Care should be taken, especially in relation to internal fixtures, in the disclosure of this information as it may be personal or because the release of such information might result in unwarranted loss to the owner or occupier of a protected structure. 2.10.3 The RPS files may therefore be in two parts – one that is publicly accessible and one that is confidential in so far as it relates to the private aspects of the property. Individual files on each protected structure should be handled in a way that respects the owner’s confidentiality and the security needs of the structure and should be kept in a safe store at the offices of the planning authority. The file should be fully accessible to the owner or occupier of the structure who has given his/her assent for the collection of the information. 2.10.4 The public file should contain the basic identifying information as summarised above. The private file should contain copies of any descriptions, declarations, photographs, correspondence and maps.

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   CHAPTER 2 THE DEVELOPMENT PLAN Record of Protected Structures Architectural Heritage Protection Guidelines for Planning Authorities 36 2.11 Sample File Sheets for the Record of Protected Structures 2.11.1 Sample file sheet for the RPS No.1 Planning authority: Donegal Co. Council Unique identity number: 40900101 Address: Malin Tower, Ardmalin townland, near Malin Town, Inishowen Peninsula Description: Signal Tower Ordnance Survey Map: 6": 1 Mile scale, Sheet DG 001 National Grid co-ordinates: E023975 N459550 Special interest: Architectural, historical, scientific Site features: Includes adjacent c.1940 concrete-built look-out post Map indicating location of structure:

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   Architectural Heritage Protection Guidelines for Planning Authorities 37 2.11.2 Sample file sheet for the RPS No.2 Planning authority: Tralee Town Council, Co. Kerry Unique identity number: 101 Address: Courthouse, Ashe Street Description: Courthouse Ordnance Survey Map: 1:1,000 scale, 5587 - 5 National Grid co-ordinates: E083760 N114441 Special interest: Architectural, historical, artistic Site features: None Map indicating location of structure: CHAPTER 2 THE DEVELOPMENT PLAN Record of Protected Structures

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    CHAPTER 2 THE DEVELOPMENT PLAN Record of Protected Structures Architectural Heritage Protection Guidelines for Planning Authorities 38 Table I Sample Format for the Record of Protected Structures Ref. Building Townland Town Description O.S. 6" National Grid Notes no. Address map ref. Reference (including features of attendant grounds) 1 Ballymahon Courthouse Ballymahon Ballymahon Courthouse 27 21557.25715 2 Brianstown House Brianstown Longford Country house 13 20845.27711 3 Carrigglas Manor Carrickglass Demesne Longford Country house 14 21661.27747 Including outbuildings, gateways and gate lodges 4 Castlecor House Castlecore Ballymahon Country house 26 21371.25714 Formerly a convent 5 Castleforbes Castleforbes Demesne Newtown Forbes Country house 8 20977.28032 6 Castlewilder Castlewilder Colehill Country house 23 22395.26116 7 Cloncallow House Clooncallow Ballymahon Demesne feature 27 21752.25615 Entrance gates 8 Coolamber Manor Cloonshannagh Edgeworthstown Country house 15 23524.27320. Agricultural college 9 Colehill House Colehill Colehill Country house 23 22189.26050. 10 Cornollen House Cornollen Longford Country house 13 20840.27581 11 Doory House Doory Ballymahon Demesne feature 23 21670.26194 Entrance gates 12 Doory House Doory Ballymahon Demesne feature 23 21861.26029 Entrance gates 13 Foxhall Church (in ruins) Foxhall Legan or Lenamore Church 24 22545.26439 Including graveyard 14 Corn Mill Grillagh Killashee Mill 18 20681.26931 15 Ledwithstown House Ledwithstown Ballymahon Country house 22 21087.25945 16 Lismore House Lismore Newtown Forbes Country house 13 21125.27717 17 McGuinness Lyanmore Ardagh House 19 22000.26800 18 Mosstown Mosstown Keenagh Demesne feature 22 21163.26382 Dovecote 19 Newcastle House Newcastle Ballymahon Country house 27 21851.25695 Formerly a convent 20 Rathcline Castle Rathcline Lanesboro C17th house 17 20004.26687 21 St Mary's R.C. Church Smithfield Legan or Lenamore Church 24 22445.26361 Including graveyard 22 Cathedral of St Mel (in ruins) Ardagh, Ardagh Demesne Church 19 22039.26862 23 St Patrick's Church (C of I) Ardagh, Ardagh Demesne Church 19 22033.26863 24 McGroarty's Ardagh, Ardagh Demesne House 19 22000.26800 25 McGonagle's Ardagh, Banghill House 19 22000.26800 26 McGinley's Ardagh, Banghill House 19 22000.26800 27 McGarrigle's Ardagh, Banghill House 19 22000.26800

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.