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 39 CHAPTER 2 THE DEVELOPMENT PLAN Record of Protected Structures Table II An Outline of Record of Protected Structures Procedures 1. Identify possible additions to the RPS Possible sources include: > Previous development plans > NIAH survey, if available > Ministerial recommendations, if any > Planning authority’s own inventories > Appropriate structures protected under the National Monuments Acts > Local surveys, local knowledge or submissions from interested parties > Documentary sources See 2.5 See 2.4 See 2.6 2. Assess potential additions > Evaluate the special interest(s) of the structure > Establish the format of the record 3. Use appropriate procedure (Note: similar procedures are used for making both additions to, and deletions from, the RPS) > Section 12 when making the development plan > Section 55 at any time during the life of the development plan 3a. Section 12 > Notify owners and occupiers and invite submissions > Send notice to the Minister, the other prescribed bodies and those bodies specified in S.12(1)(a) > Advertise preparation of draft in the press > Display draft plan which includes proposed additions to, and/or deletions from, the RPS > Receive comments, prepare Manager’s Report and present to council members > Members accept or amend the plan which includes the proposed RPS > Advertise and display amendments if material alterations are to be made > Members make final decision > Notify owners and occupiers of decision as soon as possible > Inform Minister, in writing, of any decision not to comply with a recommendation made under S.53 of the Act 3b. Section 55 > Notify owners and occupiers and invite submissions > Send notice to the Minister and other prescribed bodies > Advertise proposals in the press > Consider any observations or comments received > If structure was recommended by Minister, forward submissions to him/her for observations > Have regard to any observations from the Minister > Members make decision on proposed addition or deletion > Inform owners and occupiers of decision within two weeks > Inform Minister, in writing, of any decision not to comply with a recommendation made under S.53 of the Act See 2.8 & Table I
- The Development Plan Architectural Conservation Areas CHAPTER 3
- Architectural Heritage Protection Guidelines for Planning Authorities 41 3.1 Introduction 3.1.1 An architectural conservation area (ACA) is a place, area, group of structures or townscape, taking account of building lines and heights, that is of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest or that contributes to the appreciation of a protected structure, and whose character it is an objective of a development plan to preserve.1 An area of special planning control (ASPC) is all, or part, of an ACA which a planning authority considers of special importance to, or as respects, the civic life or the architectural, historical, cultural or social character of a city or town in which it is situated.2 A planning authority recognises, by making provision in the development plan for the protection of these areas, that in many cases, the protection of the architectural heritage is best achieved by controlling and guiding change on a wider scale than the individual structure, in order to retain the overall architectural or historic character of an area. 3.1.2 ACA policies should be supported by, and be consistent with, other policies of the development plan especially those relating to development control. An objective to preserve the character of an ACA, once approved by the elected members of a council, carries through from development plan to development plan and remains an objective of the planning authority unless subsequently modified by the members. 3.1.3 The legislation relating to ACAs and ASPCs is contained in Chapter II of Part IV of the Planning and Development Act 2000. 3.2 Identifying Areas for Protection 3.2.1 Although many planning authorities may have designated non-statutory conservation areas prior to the commencement of the 2000 Act, the Act provides that all development plans must now include objectives for preserving the character of ACAs, if there are places, areas, groups of structures or townscape of special interest or which contribute to the appreciation of protected structures, situated within a planning authority’s functional area. 3.2.2 The character and special interest of many localities within the functional area of a planning authority will suggest themselves as candidate ACAs. These should be carefully assessed. Many planning authorities are already engaged in fruitful participatory processes with community groups and interested parties to devise planning policies for towns, villages and urban areas across the country. 3.2.3 ACA legislation may be used to protect the following: a) groups of structures of distinctiveness or visual richness or historical importance; CHAPTER 3 THE DEVELOPMENT PLAN Architectural Conservation Areas 1 Section 81, 2000 Act 2 Section 84 (1), 2000 Act Historic town or village cores are often appropriate to designation as ACAs
- Architectural Heritage Protection Guidelines for Planning Authorities 42 CHAPTER 3 THE DEVELOPMENT PLAN Architectural Conservation Areas b) the setting and exterior appearance of structures that are of special interest, but the interiors of which do not merit protection; c) the setting of a protected structure where this is more extensive than its curtilage; d) designed landscapes where these contain groups of structures as in, for example, urban parks, the former demesnes of country houses and groupings of archaeological or industrial remains; e) groups of structures which form dispersed but unified entities but which are not within the attendant grounds of a single dominant protected structure. 3.2.4 The physical expression of the significance of an area may consist of building lines and heights, patterns of materials, construction systems, or architectural elements that are repeated within the area and give it a sense of harmony, such as the use of timber sash windows in an eighteenth-century streetscape. Alternatively, an area can be an exemplar of a widely dispersed pattern of structures or spaces on a national or international scale, in which case the significance and the basis for its protection is based on the wider ensemble of which it may be a component. 3.2.5 The boundaries of a candidate ACA should make physical, visual and planning-control sense. It may be necessary to refer back to the core characteristics of the area in order to establish the most appropriate boundary lines. The choice of boundary may be influenced by considering the importance of the various views into and out of the area, but it is not necessary to include all territory encompassed by such views. The character of the edges of the area may gradually degenerate in some parts due to dereliction. Whether or not degraded parts should be included may be resolved by reference to the historical research to see if these areas once formed a coherent part of the overall place. 3.2.6 In preparing a draft development plan, a planning authority should evaluate all potential ACAs. These candidate areas should be inspected, and their distinctiveness, significance and special interest evaluated and documented. In some cases, in addition to the planning authority’s technical staff, it may be necessary to seek the advice of conservation consultants with a variety of skills, for example, architects, ecologists, landscape designers, engineers, archaeologists or architectural historians. 3.2.7 Historical research may be carried out where this is necessary to justify the designation of an ACA or to clarify specific preservation objectives. This might include documentary or archival research and the study of maps and old photographs. In recent years there has been an increase in the publication of local historical studies. Research of primary sources, however, should be undertaken with clearly defined aims in mind, as there is much material available. The survival of distinctive materials and local detailing can add to the character of an ACA including joinery patterns, paving materials and boundary railing styles The boundaries of an ACA should make physical and practical planning sense and may need to be defined with the help of historical research especially in urban areas
- Architectural Heritage Protection Guidelines for Planning Authorities 43 3.2.8 The Minister may assist in the identification of these areas when publishing National Inventory of Architectural Heritage (NIAH) surveys or when commenting on draft development plans. Where they have been published, the NIAH town surveys may be used to identify groups of structures that merit protection, in particular groups of buildings given ‘local importance’ or higher ratings because of their ‘streetscape or setting’ value. 3.2.9 A planning authority should, when reviewing its development plan, take the opportunity to review structures currently in the Record of Protected Structures and determine whether an ACA designation would be a more appropriate form of protection. The exterior appearance of structures can make a contribution to the character of an area. However it may be inappropriate to protect the interiors of some structures, which would happen if they were included in the RPS. On the other hand, an individual structure within a proposed ACA may itself be of special importance. The planning authority should then consider whether it merits inclusion in the RPS, in addition to being included within a designated ACA. 3.2.10 It is at the discretion of the planning authority to make the policies to protect these areas appropriate to the particular circumstances. Small areas containing only a few properties might require ACA policies in lieu of inclusion in the RPS. Detailed policies may also be appropriate to provide protection to the setting of a protected structure where there are properties outside its curtilage which have a particularly strong relationship with it. Larger, or more architecturally disparate, areas can be given more general forms of protection. These could include general policies aimed at protecting the integrity of original or traditional styles of windows, doors or roofing materials prevalent in the area, together with more specific policies for subareas. Where resources are scarce, policies can be developed, applied and implemented in phases, including ensuring that the character of the whole area is treated as an ensemble from the outset. It should be noted that there are obvious drawbacks to this approach. 3.3 Identifying the Character of the Area Categories of Special Interest 3.3.1 The categories of special interest in relation to individual structures have been set out in Chapter 2 above. Many of the recommendations and criteria in that chapter regarding the protection of individual structures will also be of relevance to ACAs. Architectural interest 3.3.2 Many buildings were consciously designed to contribute visually to the character of their setting, beyond the boundaries of the curtilage on which they were built. They respond to the street, road or landscape in which they are situated. Later rebuildings on a mediaeval curving street, visible perhaps in faceted façades and narrow plots, relate to the communal history of settlement in a town. Subtle repetitive patterns of chimneys, window or door-openings on a street, where traditional construction methods used a shared palette of materials, can give the area character and a sense of scale and harmony. The volume or massing, plot size, boundary alignments and street-frontage alignment of the built environment can be part of the heritage of an urban area. CHAPTER 3 THE DEVELOPMENT PLAN Architectural Conservation Areas Although one or more outstanding buildings may form the nucleus of an ACA, the design and layout of all structures within the area will be important to establishing its special architectural interest
- CHAPTER 3 THE DEVELOPMENT PLAN Architectural Conservation Areas Architectural Heritage Protection Guidelines for Planning Authorities 44 3.3.3 Urban design schemes initiated in the past by civic authorities or landlords, aimed to present a more fashionable or coherent appearance to towns or villages, often to stimulate economic growth. Often a street grid was laid out in advance of development. Occasionally leases stipulated building heights and other details, although construction may have taken at least a generation to complete. The result may be an architecturally impressive townscape in one or more styles or a picturesque ‘designed’ village, such as Dunmore East, Co. Waterford. Demesnes were also laid out or ‘improved’ with vistas, follies, eye-catchers and water features in the styles of the day. The nineteenthcentury urban cemeteries benefited from a designed approach, as each was laid out and landscaped with an eye to its visual impression, with avenues, stands of yews and vistas terminated by landmark chapels or monuments. Historical interest 3.3.4 The plan of plots, boundaries and streets in towns and cities contain a record of past urban life, frequently inscribed in structures that have endured through time. The historic urban townscape is vital to the setting of prominent civic structures such as courthouses, cathedrals, museums or railway stations. The survival above ground of urban defences (town and city walls), in whatever condition, can be one of the most important defining characteristics of a historic place. Urban design elements such as nodal or radial street patterns, squares, market places and surviving mediaeval burgage plots also contribute to the historical character of a town. 3.3.5 In a rural area the lack of change can constitute the historical interest of a place, as it may clearly show its particular character unmediated by subsequent alterations. Here too the historical layout and relationship of structures to each other may be of equal importance to the intrinsic architectural or social character of each, or may be vital to an appreciation of a protected structure which is central to the area. A large-scale purpose-built complex of structures, such as the ruins of Crinkill Barracks outside Birr, Co. Offaly, can be of sociohistorical interest. The historic urban plan form can be an important defining characteristic of a place. In both these examples, buildings have been built upon, or incorporate parts of, mediaeval town defences thus preserving the line of the earlier structures within the modern day street pattern Local authorities and private land owners often instigated urban improvement schemes such as the creation of streets, town parks or garden suburbs which can be of special architectural interest
- Architectural Heritage Protection Guidelines for Planning Authorities 45 Archaeological interest 3.3.6 The retention of archaeological deposits in situ, with targeted excavation and conservation projects, is recognised as an important strategy for securing more knowledge about the past. In urban areas, this consideration may inform a conservation strategy for the standing structures above. An ACA may coincide with a zone of archaeological potential or an archaeological area. In these cases, care should be taken to ensure that the conservation policies adopted successfully mediate between the different pressures and requirements of both the aboveground and below-ground structures. It often transpires that structures which have been substantially rebuilt above ground retain their mediaeval basements, as for example in the historic centre of Kilkenny. The recognition of such fabric, especially within an area which retains its burgage plots or defensive structures, may be vital to gaining an understanding of the archaeological character of the area. Artistic interest 3.3.7 The consistent use of crafted materials, such as paving or walling in local styles or materials, can contribute to the special artistic interest of an area, for example the use of Moher ‘slate’ roofs in Ennistymon. Styles of decoration such as moulded terracotta embellishments can be very characteristic of late nineteenth-century terraces. 3.3.8 Public sculpture, utilities or memorials, as well as being works of art in their own right, can be the artistic focus of a public space which has been formally designed to present them. A formally laid out landscape or townscape could also be of artistic interest. This may include the radial streets or avenues on the baroque model which set up vistas of important structures within an area such as in the layout of the village of Portlaw, Co. Waterford. Cultural interest 3.3.9 Public spaces may facilitate particular forms of behaviour. These include the spaces formed to facilitate markets, fairs, outdoor theatre or communal celebrations. Areas of towns and cities may, over time, have become a focus for culture, where CHAPTER 3 THE DEVELOPMENT PLAN Architectural Conservation Areas In rural areas, former settlements or groups of buildings can survive substantially intact thus adding to the special historical interest of the area An ACA may be designated for its special archaeological interest where upstanding archaeological remains survive and such an area may therefore overlap or coincide with statutory protection under the National Monuments Acts Conscious artistic input can bring special interest to otherwise ordinary structural elements such as slate-hanging, brickwork, chimneystacks or shopfronts within an area The formal garden at Heywood, Co. Laois is a work of art by an outstanding architect, Edwin Lutyens. Many well-designed memorials, gardens and public spaces are of artistic interest whether or not their designer is known
- Architectural Heritage Protection Guidelines for Planning Authorities 46 CHAPTER 3 THE DEVELOPMENT PLAN Architectural Conservation Areas adjacent parks, libraries, colleges and museums prompt a convergence of informal as well as formal cultural activities within and around the buildings and spaces, as at Trinity College Dublin. Scientific interest 3.3.10 Geophysical or astronomical alignments in a landscape may be the intentional work of past designers. The curtilage or attendant grounds of a structure within an ACA may comprise living elements that form a habitat or an ecosystem that creates a spatial enclosure and a habitable or pleasing environment, as at Garinish Island, Co. Cork. Botanical gardens, whether in private or public ownership, are also examples of places where structures and landscaping form habitats for exotic plant species. Technical interest 3.3.11 An industrial-heritage landscape related to mine-working, chemical extraction or milling can be of special technical interest. The industrial landscape of the Bridge End of Ramelton, Co. Donegal was host to a linen-works, flour-mill and iodine plant and could be said to be of technical interest for that reason. 3.3.12 At Portlaw, Co. Waterford, a town designed around the production of cotton, the landscape of the vicinity of the industrial site was moulded by its processes. There are weirs, mill-races, a tailings pond and a canal. In contrast, the industrial heritage of Monivea, Co. Galway is now evident mainly from the wide village green, which was created as a flaxdrying green in the late eighteenth century, laid out on axis with the castle entrance. Cultural activities based in or around architecturally significant buildings or spaces such market squares can contribute to the special interest of an area The special scientific interest of an area may arise from the presence of important natural habitats or geographical features (top), from its connection with scientific research or as the location of a collection of scientific interest such as a botanical garden (bottom) The special technical interest of an area may derive from its association with industrial heritage areas or landscapes such as harbours, ports, railways and canals
- Architectural Heritage Protection Guidelines for Planning Authorities 47 Social interest 3.3.13 Special social interest may be found in town parks and communal greens laid out with trees, benches and water fountains, and often sited especially to improve the surroundings of urban dwellers. A ‘new town’ suburb, such as New Tipperary, may be of social interest due to its origins for housing workers of a particular industry or as a slum resettlement programme. Rural ‘clachan’ settlements may be of social interest. These settlements are usually characterised by irregularly juxtaposed dwellings and outbuildings, often without formal streets or alleys between, and with an integral link to the land historically farmed in rundale strips. CHAPTER 3 THE DEVELOPMENT PLAN Architectural Conservation Areas These mill buildings at Slane Bridge are of outstanding importance as an example of an early purpose-built industrial complex dating from the start of the Industrial Revolution Special social interest in an area may be attributed to sites of religious significance and places of pilgrimage such as holy wells or holy trees (top). Public spaces of social interest may be centred around surviving historic features such as horse troughs (bottom)
- Architectural Heritage Protection Guidelines for Planning Authorities 48 CHAPTER 3 THE DEVELOPMENT PLAN Architectural Conservation Areas 3.4 Setting and Architectural Conservation Areas 3.4.1 The influence of the setting of groups of structures on the character of the group or the wider area should be considered when identifying this character. The topography of an area, natural features such as woodlands and aesthetically important vistas to and from the area, can all be aspects of the setting. 3.4.2 The contribution of setting to the character of the architectural heritage should not be underestimated. A building in a rural setting may have a different, but equally noteworthy, relationship with its surroundings from that of a building in an urban place. The location of a structure may have been designed to relate to a particular landscape feature, as, for example, in the way that Powerscourt House relates to the Sugarloaf Mountain. Follies, eyecatchers, gazebos and towers were all usually positioned and designed to enhance their setting or the designed landscape in which they are situated. The attendant grounds around a country house were often moulded into a coherent landscaped entity in accordance with current aesthetic and economic ideas. 3.4.3 In addition, or as an alternative to protecting such groups of structures as an ACA, the planning authority could consider employing other types of protection such as including objectives in the development plan to preserve a view or prospect. This would be recommended where it is necessary to preserve a long-distance designed vista between structures or features such as at the Conolly Folly at Maynooth, which was designed to be visible from Castletown House although located several kilometres apart. 3.5 Public Consultation 3.5.1 There is no requirement under the Act to notify individual owners or occupiers of lands in an ACA of the designation of the area. However, the success of the planning authority’s objectives to preserve the character of these areas will often depend to a large extent on public knowledge and broad acceptance of those objectives. The planning authority should consider involving interested parties in drawing up these objectives and should publicise any special requirements or policies it intends to implement in order for development control policies to be effective. Such an approach is particularly important as the owners and occupiers of property in an ACA are not entitled to a declaration under Section 57 of the Act (unless, of course, the structure is a protected structure in addition to being located within the ACA). 3.5.2 It is recommended that a planning authority consult with the owners and occupiers on the proposed designation at an early stage, and consider (i) holding public meetings and workshops, (ii) publishing newspaper notices of its intentions, and (iii) distributing leaflets to all properties in the area. The setting of an area, together with views in and out of it, can contribute greatly to its overall character and should always be considered when assessing its importance Protecting views to and from important structures within an ACA should be considered when drawing up objectives for the area
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.