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 69 CHAPTER 4 DECLARATIONS Table IV continued... Works which would materially affect the character of the protected structure and, as a result, require planning permission: Works which would not materially affect the character of the protected structure: Special remarks: Any further documentation attached (annotated maps or plans, photographs, sketches, notes, etc.)? Y/N Signed by Inspector: Signed by Planning Authority Officer: Date: Date:
- Architectural Heritage Protection Guidelines for Planning Authorities 70 CHAPTER 4 DECLARATIONS Table V Sample Declaration Example A Declaration Issued in accordance with Section 57 (2) of the Planning and Development Act 2000 Planning Authority: Ballyfoyle Town Council This declaration specifies what works would, or would not, in the opinion of the planning authority materially affect the character of the protected structure, or any element thereof, and, as a result, require planning permission. Under the Act, protection extends to the entire structure including its interior and the land lying within its curtilage. It also extends to any other structures lying within the curtilage of the protected structure, to their interiors and to all fixtures and features that form part of the interior or exterior of any of these structures. Where specified in the Record of Protected Structures, protection may also extend to any other feature within the attendant grounds of the protected structure. Nothing in this declaration exempts works that would not otherwise be exempt from a requirement for planning permission. Changes of use or intensification of the current use may require planning permission. If in doubt, the owner/occupier should consult the planning authority for further advice before commencing any works. Applicant Name: Dermot Kehoe Status (i.e. Owner or Occupier): Occupier Date of Request for Declaration: 20/7/03 Date of Inspection: 8/8/03 Date of Issue of Declaration: 11/9/03 Previous Declaration(s): None Address: Location: Name of Building: Central Hotel National Grid co-ordinates: E 123456 N 654321 Address 1: 25-27 O’Connell Street O.S. Map Type: 1:1000 scale Address 2: Ballyfoyle Map Sheet: 5432-10 Address 3: Co. Donegal Site Number: 876 Protection Status: Y/N Details: Under the Planning and Development Act 2000: Record of Protected Structures Yes Development Plan 2002; p.32; Ref No. 249 Architectural Conservation Area Yes Development Plan 2002; p.45 Under the National Monuments Acts 1930 - 2004: Record of Monuments and Places No - Zone of Archaeological Potential No - Preservation Order or Temporary P.O. No - NIAH Registration Number (if applicable): 40800424, 40800425, 40800426, 40800427 Brief description of the structure: Mid-terrace, eleven-bay, four-storey hotel comprising three former terraced houses constructed c.1830; having two and three-storey extensions to the rear constructed c. 1970; with outhouse and yard beyond mews lane.
- Architectural Heritage Protection Guidelines for Planning Authorities 71 CHAPTER 4 DECLARATIONS Table V Sample Declaration Example A, continued... Works which would materially affect the character of the protected structure and, as a result, require planning permission: Area I (coloured blue on attached sketches): i) changes to internal layout; ii) changes to exterior appearance; iii) changes to internal surfaces, finishes or linings; iv) installation or repair of services, and v) extensions. Works which would not materially affect the character of the protected structure: Area I (coloured blue on attached sketches): i) painting and decoration, and ii) routine maintenance. Area II (coloured orange on attached sketches): i) changes to internal layout; ii) changes to internal surfaces, finishes or linings; iii) installation or repair of internal services; iv) redecoration, and v) routine maintenance. Special remarks: Note, this property was recorded by the NIAH in four separate sections which correspond to the four separate areas above. Any further documentation attached (annotated maps or plans, photographs, sketches, notes, etc.)? Y/N Yes, annotated sketch plans and sections attached. Signed by Inspector: Signed by Planning Authority Officer: Date: Date: Area II (coloured orange on attached sketches): i) alterations to exterior appearance, and ii) extensions. Area III (outlined in orange on attached sketches): i) removal of cobblestones, and ii) demolition of stone boundary walls. Area IV (coloured yellow on attached sketches): i) extensions, and ii) any internal structural re-ordering in the proximity of Areas I and II above. Area III (outlined in orange on attached sketches): Area IV (coloured yellow on attached sketches): i) changes to external appearance; ii) changes to internal layout; iii) redecoration, and iv) routine maintenance.
- Architectural Heritage Protection Guidelines for Planning Authorities 72 CHAPTER 4 DECLARATIONS Table V Sample Declaration Example A - Map EXTENSION OUTHOUSE LANESTREET STREET 27 26 25 (25) HOTEL 181 182 184 183 GONE
- Architectural Heritage Protection Guidelines for Planning Authorities 73 CHAPTER 4 DECLARATIONS Table VI Sample Declaration Example B Declaration Issued in accordance with Section 57 (2) of the Planning and Development Act 2000 Planning Authority: Westmeath County Council This declaration specifies what works would, or would not, in the opinion of the planning authority materially affect the character of the protected structure, or any element thereof, and, as a result, require planning permission. Under the Act, protection extends to the entire structure including its interior and the land lying within its curtilage. It also extends to any other structures lying within the curtilage of the protected structure, to their interiors and to all fixtures and features that form part of the interior or exterior of any of these structures. Where specified in the Record of Protected Structures, protection may also extend to any other feature within the attendant grounds of the protected structure. Nothing in this declaration exempts works that would not otherwise be exempt from a requirement for planning permission. Changes of use or intensification of the current use may require planning permission. If in doubt, the owner/occupier should consult the planning authority for further advice before commencing any works. Applicant Name: Prudential Bank Ltd. Status (i.e. Owner or Occupier): Owner Date of Request for Declaration: 10 January 2004 Date of Inspection: 15 February 2004 Date of Issue of Declaration: 25 February 2004 Previous Declaration(s): Yes, issued 22 May 2001(see RPS file) Address: Location: Name of Building: Prudential Bank National Grid co-ordinates: E 123456 N 654321 Address 1: Main Street O.S. Map Type: 6 inch: 1 mile Ordnance Survey Address 2: Corballymore Map Sheet: 50 Address 3: Co. Westmeath Site Number: 004 Protection Status: Y/N Details: Under the Planning and Development Act 2000: Record of Protected Structures Y Development Plan 2000; p.27; Ref. E004 Architectural Conservation Area Y - Under the National Monuments Acts 1930 - 2004: Record of Monuments and Places N - Zone of Archaeological Potential Y RMP Ref. WM050-010 ‘Town’ Preservation Order or Temporary P.O. N - NIAH Registration Number (if applicable): N/A Brief description of the structure: Detached four-bay, two-storey over basement, late-Victorian redbrick bank, designed by William Caldbeck and constructed c.1880; having a fine carved stone doorcase and hood mouldings to façade with a shallow balcony at first floor level over the entrance. Interior remodelled c.1975 and outbuildings demolished.
- Architectural Heritage Protection Guidelines for Planning Authorities 74 CHAPTER 4 DECLARATIONS Table VI Sample Declaration Example B, continued: Works which would materially affect the character of the protected structure and, as a result, require planning permission: i) changes to external appearance, and ii) extensions. Works which would not materially affect the character of the protected structure: i) internal works, and v) routine maintenance. Special remarks: Building interior comprehensively altered c.1975 with no original internal detailing surviving. At the same time the outbuildings were demolished to make way for car-parking. However, the building retains a fine façade and continues to be an important element of the streetscape of the town. Any further documentation attached (annotated maps or plans, photographs, sketches, notes, etc.)? Y/N No Signed by Inspector: Signed by Planning Authority Officer: Date: Date:
- Architectural Heritage Protection Guidelines for Planning Authorities 75 CHAPTER 4 DECLARATIONS Table VI Sample Declaration Example B - Map
- Architectural Heritage Protection Guidelines for Planning Authorities 76 CHAPTER 4 DECLARATIONS Table VII An Outline of Declaration Procedures 1. When notifying owners and/or occupiers of protected structures: > Inform them of their right to request a declaration under S.57 of the Act > Inform them of the implications of development on a protected structure > Explain the declaration procedure and how it might best suit their purposes > Inform them of the type and detail of information they should provide when applying for a declaration See 4.1 *See 4.9 See 4.2 and 4.3 See 4.4 See 4.5 and 4.6 and sample Declaration Forms 2. On receiving a request for a declaration: > Establish the status of the person making the request (i.e. owner or occupier) > Confirm that clear information as been submitted as to the extent of the property in that person’s ownership or control > Consult the planning register for any previous declarations issued > Consult An Bord Pleanála’s record of determinations for any relevant precedents > Consult background material relating to the protected structure such as historic maps, photographs, NIAH survey and other documents 3. When inspecting the structure: > Organise an inspection of the protected structure by the conservation officer, other competent officer or a consultant with appropriate expertise > Establish with the applicant the extent of the property to which the declaration will relate > If the protected structure is in multiple occupancy, consider encouraging the other owners/occupiers to seek a declaration for the structure as a whole* > If appropriate, engage with the applicant in pointing out the character and special interest of the structure and its proper conservation > If possible, inspect adjacent structures which may originally have been associated with the protected structure > Photograph the protected structure, concentrating on those parts of it which contribute to its special interest 4. When writing the declaration: > Consult Part 2 of these guidelines > Consult with the relevant senior planner and conservation officer to agree the type of works that would or would not materially affect the character of the protected structure > Write a freestyle, summary description of the structure > Compile a list of works which would materially affect the character of the structure > Compile a list of works which would not materially affect its character > Include details of other relevant statutory protection which may apply > Ensure the relevant content of any previously-issued declarations is included 5. On issuing the declaration: > Issue the declaration as a Manager’s Order within 12 weeks of receipt of the request for the declaration > Attach the declaration to the planning register > Add to the public file photographs and any other information collected during the declaration process, retaining any sensitive material on a reserved part of the file in the interests of the privacy and security of the applicant See 4.6 and 4.7
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