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
Ask this document
Answers come only from the text of Architectural Heritage Protection: Guidelines for Planning Authorities, each claim linked to its page. They are not advice; check the page itself.
Free, with a daily limit.
- Architectural Heritage Protection Guidelines for Planning Authorities 89 Other particulars 6.4.13 Article 23 (2) requires planning applications to be accompanied by ‘other particulars as are necessary to show how the development would affect the character of the structure’. These other particulars are not specified but, depending on the circumstances and the nature of the proposed development, may include one or more of the following: Written statement 6.4.14 A brief written statement is a useful tool as part of a planning application to help explain the rationale for the proposed development. This written statement could take the form of a cover letter. The statement could summarise the principal impacts on the character and special interest of the structure or site and describe how it is proposed to minimise these impacts. It may also describe how the works have been designed or specified to have regard to the character of the architectural heritage. Architectural heritage impact assessment 6.4.15 For more extensive or complex works with a potential to have a major impact on the architectural heritage, a planning authority may require an applicant to submit a more detailed impact statement. This may be necessary to allow the planning authority to assess the full implications of the proposals and allow an informed decision to be made on the appropriateness of the development. An outline of the type of information that could be included in such an architectural heritage impact assessment is found in Appendix B of these guidelines. Method statement and specification 6.4.16 A method statement and specification could be required for all works to the protected structure and any features of interest within the curtilage of the site which could affect their character and special interest. Fire risk analysis 6.4.17 Works carried out in accordance with a fire safety certificate are not necessarily exempted development in the case of a protected structure or a proposed protected structure. Therefore careful consideration should be given in a planning application to any requirement for works to enhance fire safety. This could be done by way of a written summary describing the proposed works and setting out the way compliance with fire safety requirements could be achieved without adversely affecting the character of the structure, or how unavoidable impacts could be mitigated. In some cases, where the planning authority considers works proposed to enhance fire safety may necessitate an excessive amount of loss or disruption of historic fabric, the submission of a fire risk analysis could be required to accompany the application.12 6.5 Applications Required to be Accompanied by an EIS 6.5.1 Where a planning application is required to be accompanied by an Environmental Impact Statement, the EIS is required to include ‘a description of the aspects of the environment likely to be significantly affected by the proposed development, including… the architectural and archaeological heritage, and the cultural heritage’.13 The effect of this provision is to require that the architectural heritage, regardless of whether it has statutory protection or not, be taken into consideration when assessing the impact of these developments. 6.5.2 Guidelines on the Information to be Contained in Environmental Impact Statements were published by the Environmental Protection Agency in 2002. Those guidelines were followed by more detailed Advice Notes on Current Practice in the preparation of Environmental Impact Statements published in September 2003. The guidelines and advice notes are designed to assist developers in meeting the detailed requirements and to assist consent authorities in considering the adequacy of EISs submitted to them. 6.5.3 Note should also be taken of Guidance for Consent Authorities regarding Sub-Threshold Developments published by the Department of the Environment, Heritage and Local Government in August 2003. 6.5.4 The legislation relating to Environmental Impact Assessment is contained in Part X of the Planning and Development Act 2000. CHAPTER 6 DEVELOPMENT CONTROL 12 See also Chapter 16 below 13 Schedule 6, 2001 Regulations
- Architectural Heritage Protection Guidelines for Planning Authorities 90 15 Article 52, 2001 Regulations CHAPTER 6 DEVELOPMENT CONTROL 6.6 Notification of Prescribed Bodies 6.6.1 Planning authorities are required by regulation to send notification to certain prescribed bodies when they receive planning applications which the planning authority considers would: a) involve the carrying out of works to a protected structure or proposed protected structure, or to the exterior of a structure which is located within an ACA or a proposed ACA; b) detract from the appearance of such a structure.14 6.6.2 It may not always be obvious when considering if notice should be sent to the prescribed bodies that the development site might be located within the curtilage of a protected structure or a proposed protected structure. A proposal might also detract from the appearance of a protected structure even if the protected structure is outside the lands under the control of the applicant and therefore is not itself identified in the submitted documents. 6.6.3 Ideally, the notification to the prescribed bodies should include a copy of the planning application (including any EIS) together with submitted drawings, plans, photographs or other particulars. 6.6.4 The prescribed bodies for the purposes of Part IV of the Planning and Development Act 2000 are the Minister, the Heritage Council, An Taisce, the Arts Council and Bord Fáilte.15 6.7 Making Decisions on Planning Applications 6.7.1 A planning authority, or An Bord Pleanála on appeal, may impose any conditions relating to the protection of a protected structure or proposed protected structure without attracting compensation.16 Any development that would materially affect the character of a protected structure or a proposed protected structure may be refused without attracting compensation.17 Compensation is also excluded where a proposed development would adversely affect the character of an ACA.18 Framing conditions in a planning permission 6.7.2 A properly detailed planning application, as originally submitted or revised and/or clarified through submission of requested information, should obviate the need for the attachment of extensive planning conditions to a permission. However, where required, conditions could be attached with regard to: a) agreement in writing with the planning authority of particular specifications which would be required in order to carry out a development in accordance with good conservation practice; b) approval of samples of materials or workmanship prior to construction; c) repair and retention of existing fabric and surviving material that contribute to the character of the structure, regardless of their age or condition; d) recording or retention of concealed features or fabric exposed during works; e) site supervision and project management by personnel suitably qualified in conservation during the progress of the works; f ) architectural salvaging;.19 g) reinstatement of features in the curtilage after temporary works; h) protection of specified structures or features during the course of the works; i) recording of the condition of building prior to development20 (if not already requested as part of assessment process), or submission of an architectural heritage impact assessment to the planning authority for lodging with the Irish Architectural Archive; j) monitoring of the works by an architect with conservation expertise and certification on completion that the works have been carried out in accordance with good conservation 14 Article 28 (1) (c), 2001 Regulations 16 Fifth Schedule para. 34, 2000 Act 17 Third Schedule para. 3, 2000 Act 18 Fourth Schedule para. 13, 2000 Act 19 Section 34 (4) (p), 2000 Act and paragraphs 6.7.6 and 6.7.7 20 See paragraphs 6.7.3 - 6.7.5 Adjoining buildings that are protected structures may be impacted upon, either directly or visually, although not actually part of the development site. This will be particularly obvious in the case of terraced buildings as in this example which has an important surviving mediaeval chimney stack on a party wall
- Architectural Heritage Protection Guidelines for Planning Authorities 91 practice and in line with the conditions of the planning permission; k) reinstatement of previously removed features to restore the character of the structure (with accurate detailing to be agreed if not already resolved); l) phasing of work in a large-scale development so as to ensure that work to the protected structure is underway or will be completed in tandem with, or prior to, completion or occupation of new buildings. Recording as a condition of permission 6.7.3 The demolition of a protected structure, or of elements which contribute to its special interest, may only be permitted in exceptional circumstances.21 Where the dismantling or demolition of all or part of a protected structure is permitted, it may be a condition of permission that a record be made of the structure prior to the commencement of any works.22 It should be considered that this is a permanent record which will have to substitute for the structure itself and should be capable of detailed analysis and interpretation. 6.7.4 Such archive-standard drawings should be produced on polyester film, linen, acid-free or rag paper, using permanent black ink. In these circumstances, dyeline prints are not acceptable, nor are copies of computer-aided design files. In addition to the full set of drawings, copies of original survey notes should be included with the report, as should copies of relevant earlier drawings, photographs with negatives (preferably dated), plans and maps. 6.7.5 Where a photographic record is to be made of all, or part of, a structure, the photographs should be of high quality. The use of a professional photographer should be considered and, where appropriate, the use of recording techniques such as rectified photography could be required. Black-and-white photography should be used when creating a permanent archive-quality record. Where it is essential to make an archive record of the colour of features, such as old or interesting wallpapers or painted decoration, colour slide film should be used and should be considered to be a supplement to, not a replacement for, black and white photography. Historic photographs should be identified by their archive name and negative number. One or more sets of legibly-sized prints should be included (for example, 20cm x 25cm). Architectural salvaging as a condition of permission 6.7.6 The Act provides for making a condition of planning permission, where appropriate, the salvage of elements of special interest of a protected structure, or any element of a protected structure that is about to be altered or removed.23 The removal of important or decorative elements should only be permitted where the developer has indicated how these elements will be used or maintained in the future, which, in order to mitigate the impact, should be relocated within the structure wherever possible. In such a case, the state of the structure or of the relevant interior spaces before dismantling should also be recorded, and two copies of the report sent to the planning authority (one for forwarding to the Irish Architectural Archive). All items permitted for removal and reinstatement should be tagged, photographed and stored securely, preferably on site. 6.7.7 In the case of the industrial heritage this may present particular problems, and expert advice should be sought, for example from the Industrial Heritage Association of Ireland. 6.8 General Types of Development Extensions 6.8.1 It will often be necessary to permit appropriate new extensions to protected structures in order to make them fit for modern living and to keep them in viable economic use. Where the existing exterior appearance of a structure is of special interest, and its interior is of sufficient size, it may be possible to incorporate new functions or services within the existing envelope of the structure. With flexibility and imagination, it may be possible to use secondary spaces within the building, obviating the need to extend, where there would be minimal impact on fixtures and features of special interest. The cumulative effect of minor additions can compromise the special interest of a structure and the character of an ACA. The planning authority should consider this when assessing a proposal for even small extensions. CHAPTER 6 DEVELOPMENT CONTROL 21 Section 57 (10) (b), 2000 Act 22 Section 34 (4) (p) (i), 2000 Act 23 Section 34 (4) (p) (ii), 2000 Act
- Architectural Heritage Protection Guidelines for Planning Authorities 92 CHAPTER 6 DEVELOPMENT CONTROL 6.8.2 If planning permission is to be granted for an extension, the new work should involve the smallest possible loss of historic fabric and ensure that important features are not obscured, damaged or destroyed. In general, principal elevations of a protected structure (not necessarily just the façade) should not be adversely affected by new extensions. The design of symmetrical buildings or elevations should not be compromised by additions that would disrupt the symmetry or be detrimental to the design of the protected structure. 6.8.3 Generally, attempts should not be made to disguise new additions or extensions and make them appear to belong to the historic fabric. The architectural style of additions does not necessarily need to imitate historical styles or replicate the detailing of the original building in order to be considered acceptable. However, this should not be seen as a licence for unsympathetic or inappropriate work. Careful consideration of the palette of materials with which the works are to be executed can mediate between a modern design idiom and the historic fabric of the structure. Extensions should complement the original structure in terms of scale, materials and detailed design while reflecting the values of the present time. 6.8.4 In general, modern extensions to a protected structure do not have protected status themselves unless they contribute to the character of the structure. Therefore works to such an extension which do not affect the character of the protected structure itself, for example to the interior of the extension, would come within the normal rules relating to exemptions. However, new openings proposed from the principal structure into the extension would affect it. Care should be taken where works are proposed to extensions to ensure that they do not have an adverse effect on the character of the structure or its curtilage. 6.8.5 In urban areas, careful consideration needs to be given to proposals for the construction of rear extensions to protected structures and buildings within ACAs. Rear elevations sometimes contain fabric that is useful in reading the history of the structure, for example surviving older windows or doors. The effect of extensions may have considerable impact on the appearance of buildings or on the setting of neighbouring buildings, or indeed on the appearance of the structure when viewed from a distance (or a set of similar structures such as in a terrace), and this should be considered by the planning authority when assessing applications. 6.8.6 The planning authority should discourage the infilling of gardens, lanes or courtyards of architectural or historical interest. Open spaces such as these have a function in the natural illumination and ventilation of a densely developed urban area. Where surviving plot-divisions remain in the older areas of towns, these can be of historic interest as indicators of the original layout of the area, for example the original burgage plots or defensive walls of mediaeval settlements (or line of the wall). They may even contain historic fabric and these structures and their precise alignment should be respected by any new development. The size of new extensions should be in keeping with the scale of the protected structure Well-considered extensions can be successfully integrated with a protected structure whether designed in a modern contrasting style (top) or in a matching historicist style (bottom)
- Architectural Heritage Protection Guidelines for Planning Authorities 9324 See also paragraph 7.13 ‘Avoiding Incremental Damage’ 6.8.7 There may be cases where the planning authority considers that additions cannot be permitted without seriously compromising the architectural significance of a protected structure or its setting; alternatively that they would be detrimental to the character of an ACA.24 In such cases the proposals should not be permitted. Material change of use 6.8.8 On the whole, the best way to prolong the life of a protected structure is to keep it in active use, ideally in its original use. Where this is not possible, there is a need for flexibility within development plan policies to be responsive to appropriate, alternative uses for a structure. A planning authority should carefully consider any proposed change of use and its implications for the fabric and character of the structure. A new use may have many implications for the structure which may not be immediately obvious, for example with regard to compliance with the Building Regulations. CHAPTER 6 DEVELOPMENT CONTROL Extensions to the rear of a protected structure can have an impact on views of the building and also have the potential to affect the character of an ACA Historic plot divisions can be an important aspect of the character of an area as with these burgage plots at Trim which survive from mediaeval times
- Architectural Heritage Protection Guidelines for Planning Authorities 94 25 Section 57 (10) (b), 2000 Act CHAPTER 6 DEVELOPMENT CONTROL 6.8.9 In considering an application for the material change of use of a protected structure, the planning authority will have to balance its continuing economic viability if the change is not permitted, with the effect on the character and special interest of its fabric of any consequent works if permission is granted. Where, having considered these issues, a planning authority considers that the alterations required to achieve a proposed change of use will not have an undue adverse effect on the special interest of the structure, the proposals may be granted subject to conditions as appropriate. 6.8.10 Changes of use may lead to subsequent incremental proposals to change subsidiary features such as shopfronts, external signs, requirements for enhanced fire safety and the like. Impacts may arise to the curtilage of a protected structure from a change of use proposal, such as creating or increasing the need for car parking, creating or altering gateways or entrance arches for vehicular access. As many of these potential impacts as are foreseeable should be included as part of the planning application. If clarification is required of the implications of a change of use, this should be ascertained by way of a request for further information. Demolition 6.8.11 The Act provides that permission may only be granted for the demolition of a protected structure or proposed protected structure in exceptional circumstances.25 Where a proposal is made to demolish such a structure, it requires the strongest justification before it can be granted permission and will require input from an architect or engineer with specialist knowledge so that all options, other than demolition, receive serious consideration. 6.8.12 It may happen that the special interests of a protected structure have been damaged or eroded to an extent that demolition is permissible. In such cases, in order to avoid setting a precedent of permitting the demolition of a protected structure, it would be preferable to first remove it from the RPS. Any such cases should be carefully considered, as deliberate erosion of character or endangerment may be more appropriately tackled by enforcement action rather than permitting demolition. A material change of use can involve a large amount of alteration to the structure but may sometimes be necessary to ensure its future viability Some changes of use may lead to subsequent incremental changes. As many of these as possible should be anticipated and dealt with as part of the planning application. For example, extra storage space may be required (top) or additional entryphones (bottom). Any new signage should be kept to the necessary minimum (middle)
- Architectural Heritage Protection Guidelines for Planning Authorities 95 CHAPTER 6 DEVELOPMENT CONTROL 26 See also Chapter 16 6.8.13 Caution should be used when considering proposals to demolish parts of protected and proposed protected structures as these parts may be of importance to the cumulative historic interest of a building. Where partial demolition of a protected structure is proposed, the onus should be on the applicant to make a case that the part – whether or not it is original to the structure – does not contribute to the special interest of the whole, or that the demolition is essential to the proposed development and will allow for the proper conservation of the whole structure. 6.8.14 There may be cases where an existing addition is of little architectural quality, or is even damaging, to the original architectural design. This may arise, for example, where a porch addition has obscured a fine entrance doorway or where a poor-quality extension has unbalanced a good symmetrical façade. Partial demolition may be permitted in such cases, providing it can be achieved without any adverse structural or architectural impact on the protected structure. 6.8.15 Where a protected structure has suffered fire or other accidental damage and substantial demolition is necessary, the elements that contribute to its special interest that have survived should be retained in any reconstruction or repair.26 6.8.16 The demolition of a protected structure or a proposed protected structure may be permitted if it has become a dangerous structure. However, if a protected structure has become dangerous, every effort should be made to retain its special interest by specifying works that limit, as far as possible, material damage or alteration to the character of the structure. Façade retention 6.8.17 Façade retention, or the demolition of the substantive fabric of a protected structure behind the principal elevation, is rarely an acceptable compromise, as only in exceptional cases would the full special interest of the structure be retained. Such cases may occur if the building had previously been redeveloped behind the façade, in which event proposals for new redevelopment behind the façade could be favourably assessed, subject to receiving adequate assurances on how the historic fabric would be protected during the works. 6.8.18 Any such permitted redevelopment should relate floor levels and room sizes to the fenestration of the façade, for example to avoid having open-plan office space behind a Georgian façade that would be visibly discordant seen from the exterior. Later extensions of little interest can be carefully demolished without adverse impact on the protected structure as with this later stair tower added to the rear of an eighteenth-century villa The preservation of a façade, while permitting the demolition of the remainder of the building, is rarely an acceptable approach to conserving the architectural heritage The demolition of a building’s return can impact on neighbouring buildings also
- Architectural Heritage Protection Guidelines for Planning Authorities 96 29 Article 81 (2) (c), 2001 Regulations CHAPTER 6 DEVELOPMENT CONTROL Outline planning permission 6.8.19 Outline planning permission cannot be granted for works to a protected structure or proposed protected structure..27 This does not preclude an outline application for change of use, so long as such change of use does not require any consequential works or otherwise have a material effect on the character of the structure. 6.8.20 If outline planning permission was granted prior to 1 January 2000 for works that would have a material effect on the character of a protected structure, the planning authority should, in so far as possible, conform with the current legislative requirements to protect the special interest of the structure when a subsequent application for approval is being considered. Permission previously granted 6.8.21 If full planning permission was granted for development relating to a structure that became a protected structure on 1 January 2000, and it is still valid and all other relevant permissions, certificates or licenses have been secured, the developer has the right to proceed with development. In cases where such development has not been commenced, but would have an adverse effect on the character of a structure that has become a protected structure, and the developer is prepared to consider it, the planning authority could facilitate devising alternative development proposals that would have a less negative effect. This may require a further application for planning permission. 6.9 Development by a Planning Authority within its own Functional Area (Part 8 Developments)28 6.9.1 Where a planning authority proposes to carry out works to a protected structure or proposed protected structure in its ownership and within its own functional area, it must take the same considerations into account as those expected of private developers. Regard should be had to these guidelines when preparing proposals for Part 8 developments and other works. In addition to indicating on the site notice and the development proposal document that the development is to a protected structure or proposed protected structure or the exterior of a building in an ACA,29 the planning authority should ensure that information on the impact of the proposed development on the structure is included in the information available to the public and the prescribed bodies30. It should be noted that planning authorities cannot carry out works that would contravene their development plans, including objectives to protect the architectural heritage.31 6.9.2 Works of maintenance and repair are not subject to the public consultation requirements under Part 8 of the Regulations, providing they would not materially affect the character of a protected structure or proposed protected structure.32 However, planning authorities should ensure that where such works are being carried out to a protected structure or a proposed protected structure, they are done in a sensitive and appropriate way. In such cases the detailed guidance given in Part 2 of these guidelines may be of assistance, or the planning authority could seek the advice of the prescribed bodies, for example the Heritage Council. The Heritage Council has a particular role in this regard by virtue of Section 10 of the Heritage Act 1995. 27 Article 21 (b), 2001 Regulations 28 Section 179, 2000 Act and Part 8, 2001 Regulations 30 Article 82 (2), 2001 Regulations 31 Section 178, 2000 Act 32 Section 179 (6) (a), 2000 Act A planning authority should promote good standards of conservation in development works to the protected structures in their ownership. This example shows the junction between a successful modern addition and the original local authority building
- Architectural Heritage Protection Guidelines for Planning Authorities 97 6.10 Development by Certain State Authorities (Part 9 Developments)33 6.10.1 Certain classes of development carried out by state authorities are not subject to the normal requirements of planning permission. The classes of development specified in Part 9 of the Regulations, such as the provision of prisons, Garda stations, barracks etc. are excluded from the normal planning process for reasons of public safety or order, the administration of justice, national security or defence. The state authority may instead be required to give notice of the proposed development, asking for observations, which it must take into account in deciding whether or not to modify or carry out the development. The Regulations specify that the consultation procedures must be followed in cases where the proposed works are to a building that is a protected structure or proposed protected structure, even where it would not otherwise be required.34 6.10.2 In addition to the normal notification requirements of Part 9, where the development includes works to a protected structure or a building in an ACA, the authority concerned must, in addition, send notice to the Minister.35 The plans and particulars must, in the case of works to a protected structure or proposed protected structure, include drawings and particulars showing how the proposed development would affect the character of the structure. 6.10.3 Where state authorities are proposing to carry out works to a protected or proposed protected structure, it is advisable to consult in advance with the Architectural Heritage Advisory Unit of the Department and, where appropriate, with the conservation officer of the planning authority. 6.11 Exempted Works to Monuments 6.11.1 The Minister may carry out works under the National Monuments Acts 1930 - 2004 in relation to national monuments or any particular monuments as before, without seeking planning permission, whether or not such structures are protected under Part IV of the 2000 Act.36 6.12 Compliance 6.12.1 In many cases it is acceptable to allow particular, small-scale aspects of a permitted development to be clarified after a grant of permission is made, by attaching a condition requiring the submission of drawings or other documents. Such matters could include details which would not have a substantial impact on the nature or extent of the development, as those should be resolved prior to deciding the case. CHAPTER 6 DEVELOPMENT CONTROL 33 Section 181, 2000 Act and Part 9, 2001 Regulations 34 Section 181, 2000 Act and Part 9, 2001 Regulations 35 Article 88 (2), 2001 Regulations 36 Section 260, 2000 Act Certain building types such as Garda Stations, subject to the provisions of Part 9, are also protected structures
- Architectural Heritage Protection Guidelines for Planning Authorities 98 CHAPTER 6 DEVELOPMENT CONTROL 6.12.2 The submission of some architectural details may be necessary at compliance stage if, for example, they could not be finalised prior to gaining full access to the property or if selected areas had first to be demolished or made safe. All drawings should, as normal, be sufficiently legible and well annotated to show clearly the appearance and materials, with samples of materials submitted or sample elements constructed as necessary. If architectural details are meant to copy previous or original elements, supporting visual information might be necessary to confirm the accuracy of the new work. Specifications or method statements should follow recognised conservation procedures. The Department of Environment Conservation Guidelines or Part 2 of these guidelines may help to establish if the proposed works are appropriate. Agreement should not be given until it is clear that the character of the protected structure will be protected in the work. 6.12.3 Where works commence on receipt of planning permission, the planning or conservation officer should visit the site whenever feasible to ensure that the project is proceeding in compliance with the permitted plans and conditions. If it is a condition of permission that a conservation specialist is to oversee the project on site, this person should be on hand to discuss progress and answer queries. Where reports have been required to set out progress at specified stages of the project, these should be submitted and approved. Not all of the personnel who are involved in even a relatively small contract may be aware of the significance of the structure being modified; however, an ongoing relationship with the planning authority officials should improve communications. 6.12.4 A developer may seek discussions on the procedures to take if concealed features have come to light during initial works.37 The best way to proceed depends on the importance of the features, how their retention would affect the development, whether or not a small-scale redesign would require a further grant of permission or could be resolved by writing a declaration and if the features could be satisfactorily recorded or relocated within the structure. The conservation officer, where available, should be involved in these decisions. 6.13 Enforcement 6.13.1 The Act gives new and clarified powers of enforcement to planning authorities.38 The consistent enforcement of the legislative and regulatory provisions and conditions attached to planning permissions are intended to effect a positive change in the public perception of the impacts of development, and to assure the credibility of the system of planning and development control. 6.13.2 A quick response to complaints about the nature of the works by members of the public during the course of development projects affecting protected structures is desirable. 6.13.3 It is of course impossible to replace lost historic fabric. Damage to or demolition of protected structures therefore irredeemably damages our architectural heritage. In cases where an owner or occupier of a protected or proposed protected structure has knowingly and unlawfully demolished or damaged that structure, or a part of that structure that contributes to its special interest, immediate consideration should be give to enforcement action by the planning authority, and the site closed down if necessary. 6.13.4 The seriousness of the infringement and the willingness (or not) of the owner to respond should guide the planning authority as to the most appropriate step to take. Relatively small-scale unauthorised works such as inappropriate window replacement can often be mitigated by their removal and replacement by correctly detailed elements. This can be achieved by the owner or occupier applying for retention permission or by the planning authority issuing a notice requiring the restoration of character of the structure.39 If an owner is unwilling to comply, enforcement action should be considered. Where retention permission, or a Section 60 restoration notice, would be inadequate to remedy the damage immediate enforcement action is advisable. This may arise, for example, where a protected structure, or a substantial part of it, has been demolished or altered without consent, where ongoing development is not being carried out to the approved standards such that it is endangering the structure, or where important fixtures and features have been damaged or removed during the works. 37 See also paragraphs B5.14 and B5.15 in Appendix B 38 Part VIII, 2000 Act 39 See also paragraph 6.16 ‘Restoration of Character’
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.