Kildare County Development Plan 2023–2029 — Chapter 11: Built and Cultural Heritage

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   Aim: To protect, conserve and sensitively manage the built and cultural heritage of County Kildare and to encourage sensitive sustainable development so as to ensure its survival and maintenance for future generations. Chapter 11 Built and Cultural Heritage 11.1 General Heritage County Kildare has a rich and diverse heritage, which includes landscapes, countryside, archaeological sites (both terrestrial and underwater) and the built environment of towns and villages. Heritage is integral to the identity of any county. It provides the county with a strong sense of place, character and distinctiveness. Heritage protection is an integral part of sustainable development, it has environmental and quality of life benefits and also brings significant economic benefits. In 2002, the Government published the new National Heritage Plan - Heritage Ireland 2030 which is built around a vision of our heritage – in all its forms – being at the very centre of local and national discourse, valued by all and cared for and protected for future generations. 11.2 Archaeological Heritage Archaeological heritage consists of the material remains left behind by past societies and includes structures, places, caves, sites, features or portable objects, whether on land, underwater or in the intertidal zone. Kildare’s irreplaceable archaeological heritage provides information on development through the millennia. Only a portion of the material remains of the past has survived, as many sites have disappeared from the landscape. Of those that do survive, some are visible in the landscape while others only survive beneath the current ground surface or have been remodelled within more modern buildings. All known archaeological sites are identified in the Sites and Monuments Record (SMR) (see www.archaeology.ie). Kildare’s archaeology varies greatly in form, date and condition. Ranging from the Mesolithic Period (7000 BC) to the end of the Medieval Period (1700 AD), the archaeological record includes megalithic sites, Fulachta Fiadh, Early Christian ecclesiastical sites, churches and graveyards, medieval buildings, castles, industrial archaeology and underwater sites such as wrecks and objects. The Curragh is a significant archaeological and historical landscape within the county. Wrecks over 100 years old and archaeological objects underwater, irrespective of their age or location, are protected under Section 3 of the National Monuments (Amendment) Act 1987. Wrecks that are less than 100 years old and the potential location of wrecks or archaeological objects may also be protected under Section 3 of the 1987 (Amendment) Act by the placement of an underwater heritage order if the wreck, area, or object is considered to be of sufficient historical, archaeological or artistic importance to merit such protection. Diving or general interference with any wreck which is more than one hundred years old or an archaeological object which is336

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   lying on, in or under the seabed or on or in land covered by water is prohibited except in accordance with a licence issued by the Minister for Housing, Local Government and Heritage under Section 3 (5) of the Act. A licence is also needed under the same provisions of the Act to survey a wreck or archaeological object or a wreck that is protected by an underwater heritage order. Therefore, a licence is required to dive, survey, or disturb any protected wreck site or for targeted searches for archaeological objects underwater. The Minister may, at their discretion, grant or refuse to grant a licence and may attach appropriate conditions which are legally binding and specified in the licence. The archaeological heritage is a resource that can be used to gain knowledge and understanding of the past and is, therefore, of great cultural and scientific importance. 11.3 Legislative Context 11.3.1 National Monuments Acts 1930-2014 Archaeological heritage is legally protected from unauthorised damage or interference through powers and functions under the National Monuments Acts 1930-2014. In summary, this provides legal protection for all archaeological objects, wrecks 100 or more years old and for a range of categories of monuments and places. Archaeological objects (which in broad terms includes all moveable objects of archaeological importance) are comprehensively protected under the National Monuments Acts. Section 12 of the National Monuments (Amendments) Act 1994 made provision for the compilation of all recorded sites and features of historical and archaeological importance in the county into the Record of Monuments and Places (RMP) (Appendix 5). Section 12 of the National Monuments (Amendment) Act 1994 requires an owner/occupier to give two months written notice of proposals to carry out works at or in relation to a recorded monument. Some archaeological structures within the county may, in some situations, also be considered as architectural heritage and may therefore appear on both the Record of Monuments and Places (RMP) and the Record of Protected Structures (RPS). Accordingly, these structures are protected by both the National Monuments Acts and the Planning and Development Acts 2000 (as amended). The National Monuments Acts provide for the protection of all archaeological heritage, whether known, newly discovered, or yet to be discovered (e.g. through ground disturbance, fieldwork, or the discovery of sites underwater). 11.3.2 Planning and Development Act 2000, as amended Section 10 of the Planning and Development Act 2000, as amended, sets out a list of mandatory objectives to be included in a development plan. A number of these relate to the conservation of the natural heritage and for the conservation of European sites and any other sites which may be prescribed.337

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   The Planning and Development Acts and Regulations contain further provisions relating to the protection of archaeological heritage. These include provisions making it clear that the imposition of archaeological conditions on grants of planning permission does not create grounds for claims for compensation. Detailed provisions are also included, which ensure that planning applications for proposed development which would affect sites protected under the National Monuments Acts 1930 to 2014 or archaeological sites in general, are referred to the National Monuments Service. 11.3.3 Environmental Impact Assessment (EIA) Directive The EU Directive on EIA (which is given effect in Irish law through a range of national legislation) requires that an Environmental Impact Assessment Report of a project includes consideration of factors likely to have a significant effect on architectural and archaeological aspects. 11.4 International Policy Context 11.4.1 The European Convention on the Protection of the Archaeological Heritage, 1992 - the Valletta Convention (ETS No. 143) The Valetta Convention was ratified by Ireland in 1997. It relates to the protection of archaeological heritage and includes the setting and context of archaeological sites. The Convention provides the basic framework for policy on the protection of archaeological heritage as a source of the European collective memory. The State undertakes to seek to reconcile and combine the respective requirements of archaeology and development plans by ensuring that archaeologists participate in planning policies, development schemes, development plans, environmental impact assessments and recommendations regarding the retention of elements of the archaeological heritage in-situ. 11.4.2 European Landscape Convention, 2000 – the Florence Convention (ETS No. 176) This Convention defines landscape as ‘…an area, as perceived by people, whose character is the result of the action and interaction of natural and/or human factors’ and applies to both rural and urban landscapes. The Convention requires landscape to be integrated into planning policies and promotes interaction between local and central authorities, and trans-frontier co-operation to protect landscapes. 11.5 National, Regional and County Policy Context 11.5.1 Framework and Principles for the Protection of the Archaeological Heritage (1999) This Framework and these principles which stipulate the basic principles for the protection of archaeological heritage are based on a presumption of avoiding development impacts on archaeological heritage with preservation in-situ being the first option followed by preservation by record where the archaeological heritage is affected or proposed to be affected by the development. The Framework and Principles for the Protection of the Archaeological Heritage (1999) published by the Department of Heritage, Gaeltacht and the Islands outlines guiding policies for the protection of the archaeological heritage of Ireland.338

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   11.5.2 Heritage Ireland 2030 (2022) Heritage Ireland 2030 is a cross-Government Strategic Policy for Heritage that sets out a framework for the protection, conservation, promotion, and management of Ireland’s heritage for the next decade and beyond. The Strategy lays out a roadmap for the best possible future for Irish heritage with a joined-up approach at government, stakeholder, and community levels. A comprehensive implementation plan is now being developed to deliver on its actions. The principal themes of the strategy are communities, leadership, and partnerships, reflecting the importance of ongoing collaboration between government and communities, stakeholders, citizens, and local authorities in delivering upon the objectives of this strategy. 11.5.3 Eastern and Midlands Regional Spatial and Economic Strategy (RSES) (2019-2031) The RSES acknowledges that the region’s historic environment provides a unique sense of place and makes a positive contribution to quality of life. The RSES highlights the importance of incorporating best practice in heritage management into land use planning through the protection of historic urban fabric, the sensitive reuse of historic properties, the enhancement of places of special cultural or natural significance and the provision of high-quality public realm and recreational spaces. It is a regional policy objective to promote historic towns in the Region in the practice of heritage-led generation, to promote sensitive and adaptive re-use of historic building stock, industrial features and protected structures and to support the designation of UNESCO candidate sites in the Region. 11.5.4 County Kildare Heritage Plan (2019-2025) On foot of the National Heritage Plan Kildare County Council prepared a County Kildare Heritage Plan which comprises a six-year action plan for the conservation, preservation and enhancement of Kildare’s heritage including natural heritage. It is an objective of this County Development Plan to review the County Kildare Heritage Plan. 11.5.5 National Climate Change Sectoral Adaptation Plan for Built and Archaeological Heritage (2019) The Climate Action and Low Carbon Development Act 2015 required Sectoral plans to be prepared in accordance with Sectoral Planning Guidelines for Climate Change Adaptation (DCCAE, 2018a). In 2019 a National Climate Change Sectoral Adaptation Plan for Built and Archaeological Heritage was prepared by the Department of Culture, Heritage, and the Gaeltacht. The local authority will co-operate with other agencies in the investigation of climate change on archaeological sites and monuments and to develop suitable adaptation measures to strengthen resilience and reduce the vulnerability of archaeological heritage in line with the National Climate Change Sectoral Adaptation Plan for Built and Archaeological Heritage (2019). Development, including infrastructure responding to the mitigation of flooding resulting from climate change can lead to impacts on both recorded and unrecorded archaeological and cultural heritage. The Council will seek to protect, preserve, and promote the underwater heritage of County Kildare. Where flood relief schemes are being undertaken the Council will have regard to the Archaeological Guidelines for Flood Relief Schemes (Department of Housing, Local Government and Heritage 2022).339

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   11.6 Development proposals affecting archaeology Various types of development can impact on the visual appreciation, setting and amenity of recorded monuments. Such impacts should be adequately assessed and, where possible, eliminated or minimised. It is important that the archaeological potential of development sites should be addressed early in the design and planning process in order to ensure that archaeological remains are not damaged or destroyed, and that completion of projects is not delayed. Previously unidentified archaeological sites may be uncovered during development works, while archaeological deposits that would be damaged by development must be investigated and recorded in great detail. Any proposed development (due to its location, size or nature) with the potential to affect the archaeological heritage resource will be subject to an Archaeological Impact Assessment. This includes proposals close to archaeological monuments, proposals extensive in area (half a hectare or more) or length (1 km or more), or proposals that includes works within rivers or lakes and development that requires an Environmental Impact Assessment. Other areas of high archaeological potential may exist outside the boundaries of conventionally recognised monuments, especially graveyards and monastic sites, in rivers or lakes, wetlands, former wetlands and in the inter-tidal zone, which may also require the preparation of Archaeological Impact Assessments and Underwater Archaeological Impact Assessments. 11.7 Industrial archaeology In 2007, an Industrial Archaeology Survey of County Kildare was commissioned by Kildare County Council on behalf of the County Kildare Heritage Forum, as an action of the County Kildare Heritage Plan. The project collated all paper-based information relating to industrial heritage sites in the County. The project outputs were a report outlining approximately 2,462 features of industrial heritage interest in an accompanying database and a digital map of the recorded locations. When considering development proposals that may affect sites identified in the Kildare Industrial Archaeology Survey (2007), the Council will require an Industrial Archaeology Assessment. 11.8 Underwater archaeology County Kildare’s rivers, lakes and wetlands contain many features and finds associated with its underwater heritage, such as walls, fords, stepping-stones and associated archaeological objects and features. Section 3 of the National Monuments (Amendment) Act 1987 makes specific provisions for the protection of shipwrecks and underwater archaeological objects, whereby, all wrecks over 100-years old are legally protected. The Wreck Inventory of Ireland Database (WIID) holds records of over 18,000 known and potential wreck sites and this is used as a tool to help manage and protect historic wrecks. Development in offshore and coastal waters, tidal estuaries and river areas which have the potential to impact on both known and potential terrestrial and underwater archaeology will require appropriate underwater archaeological assessment and the Council will seek and have regard to the advice and recommendations of the Department of Housing, Local Government and Heritage relating to all developments within these environments.340

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   11.9 Conservation Plans The purpose of any conservation plan is to describe the significance of a heritage site, assess the issues that make the site vulnerable and put in place policies to address those issues. A number of Conservation Plans have been prepared for sites in the county, including The Curragh, The Wonderful Barn, Castledermot Town Walls, Kildare Town Walls and Athy Town Walls. In considering development proposals, the Council will have regard to any existing and forthcoming conservation plans prepared as part of the County Kildare Heritage Plan 2019-2025. Policy It is the policy of the Council to: AH P1 Recognise the value and opportunity of Kildare’s unique heritage resource and to manage, conserve, promote and protect it, for present and future generations. Objective It is an objective of the Council to: AH O1 Implement the actions of the County Kildare Heritage Plan 2019-2025 and subsequent heritage plans, in partnership with all relevant stakeholders. Actions It is an action of the Council to: AH A1 Explore the feasibility of signing up to the Blue Shield Principles to protect cultural and natural heritage. 11.10 Kildare Archaeology Resource 11.10.1 Urban Archaeological Surveys In 1986 an Urban Archaeological Survey of County Kildare was conducted. A number of medieval / early modern towns with known archaeological potential were surveyed and Zones of Archaeological Potential were identified within these towns. These settlements are listed in Table 11.1 and are included in the Record of Monuments and Places (RMP) as established under Section 12 of the National Monuments (Amendment) Act, 1994. Settlement RMP No. Ardree KD035-032001- Ardscull KD035-012002-, KD035-012003- Athy KD035-022-- Ballymore Eustace KD029-011001- Castledermot KD040-002---- Celbridge KD011-012001- Clane KD014-026001-341

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   Settlement RMP No. Cloncurry KD004-021001- Dunmanogue KD039-005- Harristown KD029-038001 Kildare KD022-029001- Kilkea KD037-017---- Kill KD019-008001 Leixlip KD011-004001- Moone KD036-042---- Naas KD019-030--- Old Kilcullen KD028-049---- Oughterard KD015-007001- Rathangan KD017-044---- Rathmore KD020-009001- Silliot Hill KD022-032 Table 11.1 - Zones of Archaeological Potential 11.10.2 Monuments in the ownership/guardianship of the State/subject of preservation orders A number of monuments are further protected by being in the ownership or guardianship of the State or the subject of preservation orders (National Monuments) and registration orders, see Tables 11.2 - 11.6. Works to or at these monuments require the consent of the Department of Housing, Local Government and Heritage. Monument Townland RMP No. Grange Castle Grange West KD002–007---- Manorial House Jigginstown KD019–03301- Castle, Church, Cross Kilteel Upper KD020–007006 KD020–007005 Castle Maynooth KD005–015---- Ringfort Mullaghreelan KD038–035---- High Crosses, Round Tower Old Kilcullen KD028-049005, KD028-04906, KD028- 049002, KD028-049003, KD028-049004, KD028-049010- Round Tower, Church Oughterard KD015–007003 KD015–007005 Standing Stone Punchestown KD024–009001 Church & Graveyard (Monastic Site) Taghadoe KD010–014002 Round Tower Taghadoe KD010–014004 Conolly Folly, Obelisk Barrogstown West KD011–040----342

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   Monument Townland RMP No. Castledermot Abbey Friary (Franciscan) KD040–002005 Castle Rathcoffey Demesne KD010–01801- Table 11.2 - National Monuments in State Ownership Monument Townland RMP No. Round Tower, Crosses Castledermot KD040-002002, KD040-002004, KD040-002010, KD040-002011 KD040-002012 Furness Church Forenaght Great KD019-024001 St. John’s Tower Skenagun KD038-045001 Table 11.3 - National Monuments in State Guardianship Item and Location Townland RMP No. Carrick Castle Carrick KD002-009---- Kinnafad Castle Kinnafad KD007-001---- Remains of Mortuary Chapel at Carbury Carbury St Patrick’s Chapel, Ardrass Ardrass KD011-015001- Arch of Haynestown Castle Haynestown Great Connell standing stone Great Connell KD023-015--- Moone High Cross and graveyard Moone KD036-031---- Eagle Monument at Belan, Moone Moone Table 11.4 - Monuments Vested in the Care of Kildare County Council Preservation Order No. Monument Townland RMP No. 78/1939 House or Castle Jigginstown KD013-019002-, KD013-019003- 88/1940 Tumulus or Moat Carrigeen KD014-026004- 91/1940 Moat Ardscull KD035-010001- 92/1940 “Broadleas Circle (Pipers Stones) Broadleas Commons KD029-023---- 93/1940 Standing Stone Longstone Broadleas Commons KD029-014001--- 94/1940 Standing Stone Craddockstown West KD024-007--- 95/1940 Ringfort & Standing Stone Forenaghts Great KD019-022002-, KD019-022001- 183/1948 St. John’s Tower (see Nat Mon no 503) Skenagun KD038-045001-343

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    Preservation Order No. Monument Townland RMP No. 200/1995 Dun Ailline Knockaulin & Glebe North KD028-038001- KD028-038002- KD028-038003- KD028-038004- 14/1956 Rectilinear Earthwork- Pudderhall Moat Clownings KD014-021---- 15/1956 Ring-barrow Grangebeg KD029-049---- 16/1956 Ring-barrow Lackagh Beg KD022-014---- 17/1956 Motte Rathmore East KD020-009004- 16/1970 Ringfort Rathangan KD017-011001- 9/1970 Rath Rathaskar KD024-001001- 10/1972 “The Ring” Earthwork Sillagh KD024-025---- 11/1972 Monastic Settlement Lullymore East KD012-006---- 1/1993 Ringfort Donadea KD009-005---- 7/1973 Standing Stone Kilgowan KD032-012001- 8/1976 Two Ringforts Brewel West KD032-024 --- KD032-023---- 32/1976 Stone Circle Brewel West KD032-026001- KD032-026002- 1/1977 Moated House Site Ballykeelan KD004-029---- 1/1999 Medieval Settlement Ballymore Eustace KD029-01101-- 3/2000 Remains of sunken garden, pavilion & defensive earthworks Jigginstown KD019-032 --- KD019-034 --- KD019-033001- KD019-033002- KD019-033003- 03/07 Archaeological Complex Kill Hill KD019-010 --- KD019-056 --- KD019-057 --- KD019-008004 Table 11.5 - National Monuments which are subject to Preservation Order in County Kildare Name Townland RMP No. Portion of the Pale (Linear Earthwork) Ballybrack, Ballyloughan, Clonduff, Graiguepottle, Clonfert South KD010-001001- Portion of Pale Castlebrown or Clongowes KD010-021 --- KD014-008002- Earthwork Mullamast KD010-001001- Carbury Castle Carbury KD008-001001- KD008-001002- Standing Stone Kilgowan KD032-012001-344

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