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 79 5.1 Architectural Heritage Protection for Places of Public Worship1 5.1.1 Church buildings of various denominations constitute a substantial part of our architectural heritage and cultural patrimony. Places of public worship are often the finest and most prominent buildings in their locality and, because of their particular architectural, historical and social interest, proposals to alter such buildings will require careful consideration by the planning authority. 5.1.2 The heritage significance of church buildings, including their fixtures and features, lies in their central role in the community as places of public worship, usually over many generations. This patrimony is made up of works of architecture, painting and sculpture, as well as fittings and liturgical furnishings; features that have constituted the highest artistic expression of faith. The churches and their communities have, through their stewardship, kept and maintained these structures in good order, often through difficult times, so that they are now part of our architectural heritage. It is recognised that generally this continues to be done effectively and with great care. CHAPTER 5 PLACES OF PUBLIC WORSHIP 1 The guidance contained in this chapter was first published in a document entitled ‘Architectural Heritage Protection for Places of Public Worship - guidelines for planning authorities’, published by the Minister in November 2003 following consultation with representatives of the four main churches. Good stewardship, through appropriate maintenance and repair, has ensured the survival of thousands of historic places of public worship throughout the country
- Architectural Heritage Protection Guidelines for Planning Authorities 80 CHAPTER 5 PLACES OF PUBLIC WORSHIP The adaptation of places of public worship may be sought to reflect revisions in liturgical requirements 5.2 Respecting Liturgical Requirements 5.2.1 Church buildings are used for the public worship of their congregations which includes many forms such as traditional services according to established rites, freer forms of a charismatic and evangelical form, experimental, occasional and devotional expressions of worship, teaching and mission. Respecting liturgical requirements includes recognising that churches may wish to adapt places of public worship in the light of contemporary revisions of their worship and mission. Thus church authorities may, in their places of public worship, require flexibility in the provision and arrangement of seating, in the openness of space, for example, for a baptismal font area; for the enlargement of an existing sanctuary or chancel or for the relocation of the altar-table and lectern. A church authority may also seek flexibility in the associated use of buildings and spaces within the curtilage, such as for access to another space or building for processions, children’s liturgy and Sunday school. 5.2.2 The essential character of a church, expressed in its fabric and features, arises from its function as a place of public worship. When considering a declaration relating to a protected structure that is regularly used as a place of public worship or an application for planning permission for development to the interior of a protected structure that is regularly used as a place of public worship, the legislation provides that the planning authority shall respect liturgical requirements. 5.2.3 Careful consideration should be given to the scale and potential impact of the works on the specific character of the individual structure. This is a matter of judgement to be made by the individual planning authority following consultation with the relevant church authority (see paragraph 5.3.1 below). Places of public worship are often repositories of works of art such as painting and sculpture which continue to be added to by each generation as with this newly carved capital in Loughrea Cathedral In this example, the original decorative paint scheme is being recreated based on detailed evidence
- Architectural Heritage Protection Guidelines for Planning Authorities 81 5.2.4 Many factors should be considered by a planning authority before issuing a declaration as to the type of works it considers would or would not materially affect the character of a protected structure that is regularly used as a place of public worship. The basic considerations are the effects, if any, of proposed works on the special interest of the structure, including its interior, and whether proposed alterations are necessitated by the liturgical requirements of worship. Planning authorities should consider whether any substantial structural changes or alterations to the existing plan-form are required for the proposed alterations, for example, the subdivision of important existing spaces, as well as any consequential effects in other parts of the building. Any proposed removal or alteration/destruction of important fixtures and fittings, for example galleries, box pews or fixed seating will require careful consideration. The age, rarity and craftsmanship of the internal fixtures and fittings can contribute to the architectural coherence of the whole building and, even where not original to the building, the internal fixtures and fittings can be an important part of a later remodelling of the interior. Impact on decoration, for example any interesting decorative schemes such as stencilled decoration, tiling or panelling, should be taken into account. It would also be appropriate to consider any proposals to minimise the impact of proposed changes. Any proposals to store or salvage fixtures and fittings proposed for removal should also be assessed carefully. 5.2.5 Where the planning authority determines that proposed works to the interior of a protected structure that is regularly used as a place of public worship require planning permission, it shall respect liturgical requirements in reaching a decision on the application for permission. 5.2.6 In a changing environment, the use that will generally give the greatest protection to a church that is a protected structure is as a church serving the community. Where works are proposed that are not required by the liturgy, but would facilitate a religious use continuing in a place of worship, the planning authority should respect the architectural heritage of the structure. In addition, it should consider whether the proposed works are directed at accommodating other compatible activities within the building or in its curtilage. This may help to ensure its continued viability in community use, primarily as a place of public worship. Such alterations would require a grant of planning permission. CHAPTER 5 PLACES OF PUBLIC WORSHIP Internal fixtures such as box pews, confessional boxes and altar rails can be significant elements of the character of the place of public worship
- Architectural Heritage Protection Guidelines for Planning Authorities 82 CHAPTER 5 PLACES OF PUBLIC WORSHIP 5.3 Consultations with Churches and Religious Authorities 5.3.1 In order to ensure that the appropriate balance is struck between the protection of the architectural heritage, and the need for continued use of the protected structure as a place of public worship, early consultation between the planning authority and the relevant church authority is necessary. Through this consultation, the planning authorities will ascertain the liturgical requirements in each case. The religious authorities consulted by the Minister have agreed to establish the following bodies (which, as well as liturgy, will draw on relevant expertise in art/architectural heritage) for consultations: Roman Catholic Church 5.3.2 The consultations will be on a diocesan basis. Historic Churches Advisory Committees (or equivalent agencies) are to be established on a diocesan or inter-diocesan basis to advise the bishop on the heritage/historical factors in a place of worship for which a declaration is requested or a planning application is made. Each Committee will advise on the necessary documentation, including liturgical requirements, which will be forwarded to the planning authority. It will also be available for consultations with the planning authority. For churches vested in religious orders, the consultations will be with the provincial or regional superior (or in some monastic communities, the abbot or abbess). Church of Ireland 5.3.3 The Representative Body of the Church of Ireland, subject to the Constitution of the Church of Ireland and pursuant to the powers granted to it to hold properties for the uses of the Church by the Irish Church Act 1869, will establish an Historic Churches Advisory Committee to advise dioceses and parishes on all matters pertaining to either a request for a declaration or a planning application concerning any place of public worship that is a protected structure. Presbyterian Church in Ireland 5.3.4 The Presbyterian Church in Ireland will establish an Historic Churches Advisory Committee, appointed by the Board of Mission in Ireland, whose postal address is Church House, Fisherwick Place, Belfast, BT1 6DW. Methodist Church in Ireland 5.3.5 The Methodist Church in Ireland is governed by the Annual Conference. All matters relating to consultations and declarations will be advised through the Conference Office, which will be responsible for appointing relevant persons to act on behalf of the Methodist Church in Ireland, and will regulate the supply of the necessary documentation for planning authorities. 5.4 Consultations with Other Religious Denominations and Communities Other religious denominations 5.4.1 Consultations should be made through the local congregation with the appropriate religious authority, which will certify that the liturgical requirements stated in documentation to the planning authority are those of the particular religious denomination’s worship and are in conformity with their traditions and customs. Other religious communities 5.4.2 Consultations should be made through the local congregation with the appropriate leadership who will certify that the liturgical requirements stated in documentation to the local or planning authority are in conformity with their worship. 5.4.3 In order to ensure that these consultative mechanisms are as effective as possible, planning authorities and church authorities should begin the process as early as possible. Planning authorities may already have raised individual issues with the representative church bodies in their city or county area. Serious consideration should be given to establishing a continuing dialogue with those representative bodies, especially those with a number of protected structures, to devise a methodology that may be used in dealing with applications for declarations or planning permission. This should also allow the church bodies to give early indications where works are proposed to protected structures, and permit discussions on minimising the impact of proposed changes on the fabric of the protected structures in use for public worship.
- Architectural Heritage Protection Guidelines for Planning Authorities 83 5.5 Redundancy 5.5.1 The redundancy of a building as a place of public worship is a serious decision for a religious denomination. Several options can be considered including: a) The religious denomination may wish to retain the building but for another purpose consistent with its own mission. In this case, an application for permission for a change of use could be treated sympathetically by the planning authority. b) The protected structure may be loaned or sold to another religious denomination, assuring its continuance as a place of worship or building for use in accordance with the religious mission of the new occupant. If retained as a place of worship, incoming religious authorities may wish for alterations as required by its worship. In considering applications for declarations, or for permission to carry out internal works to make the structure suited to the new liturgical use, the planning authority shall respect liturgical requirements. 5.5.2 It may of course be decided to sell the protected structure. This may pose problems for the conservation of the building and its interior, especially where substantial works are proposed to accommodate the new use. In particular, consideration may have to be given to permitting the removal of some fixtures and fittings, which are of liturgical or devotional importance. These should be dealt with sensitively as set out in 5.5.3 below. 5.5.3 Changing liturgical requirements can have an impact on the spatial arrangements and the fixtures in a place of public worship. From a conservation viewpoint, liturgical fixtures that are no longer in liturgical use should not necessarily be removed. If it is necessary to remove them for liturgical reasons, it is important that they are removed with care so that they may be used or stored elsewhere, within the structure or otherwise, returned to the religious authority or donated to a museum. For example, the organ may be an important instrument that would merit efforts being made to find a new home for it. CHAPTER 5 PLACES OF PUBLIC WORSHIP The conversion of a redundant church to a socially-inclusive function is often a good way of retaining its central importance to the community as with this example of a former Presbyterian church which now houses a museum Some redundant churches are also recorded monuments, or are within the area of constraint around the monument: they may be on the site of, beside or in the midst of ecclesiastical remains. This former Board of First Fruits church was built partly within the walls of a mediaeval church that is now a National Monument in state guardianship
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- Architectural Heritage Protection Guidelines for Planning Authorities 85 6.1 Development Control Policies and Objectives 6.1.1 Each development plan must include policy objectives to protect the architectural heritage in its functional area.1 A primary policy should be to take the necessary steps to ensure the protection of the architectural heritage when exercising the development control function so that these structures retain their character and special interest and continue to contribute to the social and economic mix of the planning authority’s functional area. 6.1.2 Suggested general policies to aid development control may include the following: a) identification of potential structures for protection within the functional area as a whole or within specified parts of the area, particularly where the NIAH has not yet been completed. This may be particularly appropriate in known areas of accelerated change; b) identification and designation of ACAs or ASPCs where areas of special interest exist within the functional area or where it is appropriate to protect the setting of a protected structure or protected structures; c) promotion of the reuse of redundant protected structures for their own economic benefit as well as that of the area in which they are located; d) requirement for development proposals to take account of the impact on protected structures, even where these are located outside the development site. 6.1.3 Policies to assist owners of protected structures and proposed protected structures, or buildings within ACAs at pre- and post-planning stage could include: a) offering pre-planning advice to owners and prospective owners of protected structures and proposed protected structures to complement formal development control policies;2 b) promoting good standards of conservation in maintenance and development works including to protected structures in the planning authority’s ownership; c) collating a database of conservation practitioners and craftworkers who operate within the functional area of the authority, to be available to owners and occupiers of protected structures or of buildings within ACAs; d) setting out the type of repair works or works to restore character that would be prioritised by the planning authority in disbursing grant-aid for protected structures; e) anticipating and encouraging, with financial support, the repair or redevelopment of those protected structures which are not obviously economically viable; CHAPTER 6 DEVELOPMENT CONTROL 1 Section 10 (2) (f ) and (g), 2000 Act 2 Section 247, 2000 Act Development plan policies could be used to encourage the repair and reuse of protected structures or buildings in areas not otherwise economically attractive to private developers, through schemes such as Living over the Shop or LOTS Policies could require that the impact on any protected structures adjacent to a development site be taken into account in development proposals A best practice guide based on the experience gained in the restoration of these terraced buildings was subsequently published by the planning authority
- Architectural Heritage Protection Guidelines for Planning Authorities 86 CHAPTER 6 DEVELOPMENT CONTROL f ) setting out the appropriate use of modern design and materials in works to protected structures; g) establishing, when making an inventory or where queried, the extent of the curtilage of all protected structures and attendant grounds, if any, and mapping this information at an appropriate scale; h) building up a comprehensive database of information on protected structures and ACAs as an aid to development control. 6.2 Planning Applications Step by Step Pre-application consultations 6.2.1 Arrange these to provide general advice to developers regarding: a) the availability of conservation expertise; b) policy on, and standards for, conservation works for protected structures, proposed protected structures and the exteriors of buildings within ACAs and c) the standard of documentation required for planning applications. It would be useful to the planning authority to keep minutes of such meetings so that there is clarity on the matters discussed. Requirements for planning applications 6.2.2 Ensure planning applications for protected structures and proposed protected structures are valid. By definition, this includes development within the curtilage of a protected structure or proposed protected structure. Planning applications should refer to the protected status on the public notices and adequately describe the potential impact of the proposals on the character of the structure by way of plans, photographs and any other necessary particulars.3 Notification to prescribed bodies 6.2.3 Send notification to the relevant prescribed bodies4 as early as possible of applications that involve works to a protected structure, a proposed protected structure or a building in an ACA and also of applications for development which might detract from the appearance of any of these structures. Consideration of application 6.2.4 Consider all written submissions or observations received within 5 weeks of the date of receipt of the application.5 Take account of relevant information in RPS, declarations files and these guidelines. Consult with the conservation officer, where one is employed by the planning authority. Consideration of impact on architectural heritage 6.2.5 Consider the potential impact of the development on the character of the protected structure, proposed protected structure or ACA when determining the application. Where demolition is proposed, consider whether exceptional circumstances apply.6 Further information 6.2.6 Seek further information where necessary to determine application. Notification of decision 6.2.7 Issue the planning authority’s decision to the applicant and notify the decision to all who made valid submissions. Post-planning compliance 6.2.8 Assess submissions made in compliance with conditions of the permission. Refer to conservation officer for technical advice as necessary. 3 Article 23 (2), 2001 Regulations 4 Article 28 (1) (c), 2001 Regulations 5 Article 29 (1), 2001 Regulations 6 Section 57 (10) (b), 2000 Act Well-targeted financial assistance can mean the difference between the survival or gradual decay of vulnerable buildings
- Architectural Heritage Protection Guidelines for Planning Authorities 878 Article 23 (2), 2001 Regulations Enforcement 6.2.9 Inspect the development site to ensure that works are being carried out in accordance with the permission granted. Take appropriate action if unauthorised works or revisions have taken place that affect the character of the structure or endanger it. 6.3 Pre-Application Consultations 6.3.1 Planning authorities are encouraged to engage in pre-application consultation with owners and occupiers of protected structures and proposed protected structures in relation to proposed development.7 This will offer an opportunity to direct an applicant’s attention to the special requirements relating to the architectural heritage, including the type of information that must be submitted with the application and the resources that are in place to assist an applicant. 6.3.2 The conservation of historic buildings is a specialised discipline. An applicant should be advised that a level of specialised expertise may be necessary to guide on best practice in dealing with works to a protected structure. This will be increasingly important depending on the scale and complexity of works proposed to the structure or when considering the design and scale of new structures within the curtilage. 6.3.3. If the structure or site involved is also protected under the National Monuments Acts, it would be beneficial if both the planning authority and the applicant could apprise themselves of the fact at this stage. 6.4 Information to Accompany Planning Applications 6.4.1 The 2000 Act provides for greater control over development that would affect the character of protected structures, proposed protected structures and the exterior of buildings within ACAs. Even apparently minor alterations to the fabric of these structures can impact on their character and special interest. But it is recognised that, over the lifetime of a structure, it may be necessary to accommodate appropriate change or new uses for a variety of reasons. In order to ensure that these changes have the minimum adverse impact upon the architectural heritage, the legislation requires additional procedures and information as part of the planning process. 6.4.2 The following guidance may aid in assessing the acceptable standard of planning applications relating to the architectural heritage, depending on the complexity and degree of intervention proposed to the structure. Documentation to accompany an application 6.4.3 The level of documentation required to accompany a planning application works to a protected structure, a proposed protected structure or the exterior of a building within an ACA will depend on the scale, extent or complexity of the works involved. For example, works proposed to a confined area of a protected structure or works within the curtilage should not normally require extensive documentation regarding unaffected parts of the structure. 6.4.4 In the case of structures which have previously undergone inappropriate changes and which are now to be restored, emphasis should be put on describing the details of the proposed replacement elements and their interface with the historic fabric. 6.4.5 As indicated in the 2001 Regulations, a planning application for works to a protected structure or proposed protected structure must include (in addition to the normal requirements to supply maps and drawings) ‘such photographs, plans and other particulars as are necessary to show how the development would affect the character of the structure.8 The same requirements also apply to applications for permission for works to the exterior of a structure which is located within an ACA or an area it is proposed to designate as an ACA. CHAPTER 6 DEVELOPMENT CONTROL 7 Section 247, 2000 Act If a protected structure is also a recorded monument under the National Monuments Acts (which may not always be obvious from its outward appearance), there are separate notification requirements under those Acts regarding proposed works
- Architectural Heritage Protection Guidelines for Planning Authorities 88 CHAPTER 6 DEVELOPMENT CONTROL Public notices 6.4.6 Public notices for any planning application that relates to a protected structure or a proposed protected structure are required to indicate this fact on public notices.9 This includes both the required newspaper notice and the site notice. Drawings 6.4.7 Additional drawings to those required under Article 23 (1) of the 2001 Regulations may be necessary to describe proposed works to a protected structure, or proposed protected structure. These drawings should be clear, comprehensible and may need to be to a larger scale. Where possible, drawings should be based on actual measurement and not on preexisting plans. Except where the proposal involves little material alteration, separate annotated survey and proposal drawings can more clearly describe the changes. 6.4.8 The drawn information accompanying a planning application should concentrate on describing those parts or elements of the structure which will be impacted upon by the proposed development. The drawings should clearly indicate the location of works and the extent of alteration of the existing fabric. All works comprising proposed reconstruction, alteration or extension must be marked or coloured on the drawings to distinguish clearly between the existing structure and the proposed work.10 Where interior works are proposed, every room or space to be affected should be annotated for ease of reference. Where there are separate survey drawings and proposal drawings, these should be set out and labelled for easy comparison. 6.4.9 It is a general requirement of planning applications that drawings of elevations should show the main features of any contiguous buildings.11 The level of detail available may be dependent on access issues in specific cases. Ideally, in the case of a protected structure or a proposed structure, buildings and other features of interest within the curtilage should also be indicated on elevational drawings. 6.4.10 Planning authorities could consider requesting up to four additional copies of drawings to accompany an application relating to a protected structure or a building in an ACA; a total of ten sets of drawings for circulation to the prescribed bodies. Photographs 6.4.11 While some general photographs will be necessary to set the context for the proposals, the photographs accompanying a planning application should concentrate on describing those parts or elements of the structure which will be impacted upon by the proposed development rather than provide an exhaustive survey of the development site. 6.4.12 All photographs should have clear captions identifying what they depict and, if necessary, should be cross-referenced to floor plans. The location and direction of the camera when the image was taken should be indicated on the survey drawings. Again it may be appropriate to seek additional copies of the photographs from the applicant for circulation to the prescribed bodies. 9 Article 18 (1) (d) (iii), 2001 Regulations 10 Article 23 (1) (e), 2001 Regulations 11 Article 23 (1) (d), 2001 Regulations Photographs accompanying a planning application should show the areas or elements proposed for alteration and be clear, focussed and legibly printed
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.