Kilkenny City and County Development Plan 2021–2027

1. Page 191

   Cite this pagePDF p. 191 (opens the publisher’s copy in a new tab)
   Chapter 9 Heritage, Culture and the Arts Kilkenny City and County Development Plan Volume 1 141 New sites are continually being discovered and it is advisable to check the National Monument Archaeological database on www.archaeology.ie when considering development on any site. Archaeological structures may, in some situations, also be considered as architectural heritage and therefore may appear on both the Record of Monuments and Places (RMP) and the Record of Protected Structures (RPS). 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. 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 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), and development that requires an Environmental Impact Assessment. The Council will support the implementation of the Sectoral Adaptation Plan14. In some locations, in consultation with landowners, it may be possible to access archaeological heritage sites, and the Council will support and facilitate this where appropriate. In some appropriate locations, signage for archaeological sites and National Monuments may be beneficial. 9.3.1.1 Archaeological Landscapes An archaeological landscape is a natural landscape that has been deliberately modified by a group (or groups) of people during a particular archaeological period (or periods). It provides context and meaning to individual archaeological sites and helps us to understand how our ancestors lived. Such landscapes have the potential to be of cultural, economic, social and/or environmental value. International best practice, as outlined in the European Convention on the Protection of Archaeological Heritage (Valetta Convention) 1992 and the European Landscape Convention (Florence Convention) 2000 supports a landscape-based approach to archaeological protection. In 2019 the Council carried out a Preliminary Audit of Archaeological Landscapes in County Kilkenny which identified a number of potential archaeological landscape sites, including 3 sites which were selected as a priority for protection, as follows: • Freestone Hill and environs ● The Lingaun River Valley - specifically the megalithic monuments within it and the relationships between them 14 Department of Culture, Heritage and the Gaeltacht, Built and Archaeological Heritage Climate Change Sectoral Adaptation Plan, 2019

2. Page 192

   Cite this pagePDF p. 192 (opens the publisher’s copy in a new tab)
   Chapter 9 Heritage, Culture and the Arts Kilkenny City and County Development Plan Volume 1 142 ● Tory Hill and environs These sites in particular each have strong visual interconnectedness or sightlines, which can be sensitive to inappropriate development in the vicinity. These are indicated on Figure 9.1. Development Management Requirement: The Council will have regard to the archaeological landscapes associated with the areas listed above in the Plan and may, if considered necessary, require an impact assessment for proposed development which could have a significant impact on the identified landscape. 9.3.1.2 Underwater Archaeology County Kilkenny’s rivers and tidal estuaries contain features and objects associated with its riverine and limited maritime heritage (such as boat wrecks, fishtraps, fording points, bridges etc.). Data on underwater archaeological sites (marine, coastal and inland waterways), including the Shipwreck Inventory of Ireland and the Ports and Harbours Archive are available from the Underwater Archaeology Unit in the National Monuments Service. Any development either above or below water, including to river banks or coastal edges, within the vicinity of a site of archaeological interest shall not be detrimental to the character of the archaeological site or its setting. Planning applications will be referred to the National Monuments Service where relevant. 9.3.1.3 Walled Towns County Kilkenny has a rich medieval heritage including a number of walled towns and villages, of which Kilkenny city is perhaps the best known. There are also other towns and villages throughout the county which are known to have been walled, including Callan, Gowran, Inistioge and Thomastown15. Town defences are considered to be monuments for the purposes of the National Monuments Acts, 1930-2004. The Council will support the National Policy on Town Defences16 which sets out national policy for the protection, preservation and conservation of the defences of towns and cities. 9.3.1.4 Industrial Heritage Kilkenny has a wealth of industrial heritage sites - sites of past industrial activity. This includes sites and machinery relating to extractive industries (e.g. mines and quarries), manufacturing (e.g. corn and textile mills), service industries (e.g. main drainage, water supply, gas, electricity), power (windmills, watermills, steam engines) and transport and communications (e.g. roads, bridges, railways, canals, harbours, airfields). Although some of this heritage extends back to prehistoric times, most of what survives relates to the last 250 years, the period during which Ireland became progressively industrialised. 15 Thomas, A, The Walled Towns of Ireland, 1992 16 Department of Environment, Heritage and Local Government, National Policy on Town Defences, 2008

3. Page 193

   Cite this pagePDF p. 193 (opens the publisher’s copy in a new tab)
   Chapter 9 Heritage, Culture and the Arts Kilkenny City and County Development Plan Volume 1 143 An Industrial Archaeology Survey of County Kilkenny17 (1990) was commissioned by Kilkenny County Council and this identified significant sites which have since been added to the Record of Protected Structures. Additional audits of Kilkenny’s industrial heritage will be carried out as appropriate and as resources allow. Valuable sources of information on lime kilns include the Industrial Archaeological Heritage Survey and various local history projects. Development Management Requirements: • To endeavour to preserve in situ all archaeological monuments, whether on land or underwater, listed in the Record of Monuments and Places (RMP), and any newly discovered archaeological sites, features, or objects by requiring that archaeological remains are identified and fully considered at the very earliest stages of the development process and that schemes are designed to avoid impacting on archaeological heritage. • To require archaeological assessment, surveys, test excavation and/or monitoring for planning applications in areas of archaeological importance if a development proposal is likely to impact upon in-situ archaeological monuments, their setting and archaeological remains. • To ensure that development within the vicinity of a Recorded Monument is sited and designed appropriately so that it does not seriously detract from the setting of the feature or its zone of archaeological potential. Where upstanding remains of a Recorded Monument exist a visual impact assessment may be required to fully determine the effect of any proposed development. • To require the retention of surviving medieval plots and street patterns and to facilitate the recording of evidence of ancient boundaries, layouts etc. in the course of development. 17 Contact the Heritage Office of the County Council for further details Objectives 9C To protect archaeological sites and monuments (including their setting), underwater archaeology, and archaeological objects, including those that are listed in the Record of Monuments and Places, and in the Urban Archaeological Survey of County Kilkenny or newly discovered sub-surface and underwater archaeological remains. 9D To carry out further research on the eighteen archaeological landscapes as identified in the Preliminary Audit of Archaeological Landscapes in County Kilkenny. 9E To develop an enhanced policy framework for the three priority sites identified in Section 9.3.1.1 above, plus for any additional sites identified through Objective 9D above.

4. Page 194

   Cite this pagePDF p. 194 (opens the publisher’s copy in a new tab)
   Chapter 9 Heritage, Culture and the Arts Kilkenny City and County Development Plan Volume 1 144 • To safeguard the importance of significant archaeological landscapes from developments that would unduly sever or disrupt the relationship, connectivity and/or inter-visibility between sites. 9.3.1.5 Conservation Plans Conservation Plans are important documents in ensuring the necessary strategies for managing significant archeological and architectural sites is undertaken. Kilkenny County Council has been a key partner for the compilation of the conservation plans for the Kilkenny City Walls18, Rothe House19, St. Mary’s Church and Graveyard20, St. Lachtain’s Church, Freshford21 and Newtown Jerpoint among others over the years. Other Conservation Plans include St. Canice’s Cathedral, Callan Workhouse, High Crosses of Western Ossory and Knockroe Passage Tomb. A conservation plan is currently being compiled for St. Francis’ Abbey, Evan’s Turret, and sections of Kilkenny City walls which are located on the Abbey Quarter site. The Council will facilitate and support the implementation of existing (and any further) conservation plans, as resources allow. Development Management Requirement: • To adhere to recommendations in Conservation plans when assessing development proposals for these sites 9.3.1.6 Historic Graveyards The historic graveyards of Kilkenny, in addition to being the resting places of our ancestors, are an important part of the heritage of the county. They contain a wealth of architectural and archaeological features and are refuges for many species of plant and animal. Most historic graveyards are afforded legal protection through the National Monuments (Amendment) Acts and/or the Planning and Development Acts. Kilkenny County Council has compiled an inventory of the historic graveyards of the County. The data from this survey has been mapped and is available at for inspection on the Council’s website22. Advice on caring for and recording historic graveyards is available in Guidance for the Care, Conservation and Recording of Historic Graveyards23. The Council will conserve and protect historic graveyards and churches within Kilkenny in accordance with national legislation and encourage their maintenance in accordance with conservation principles and as resources allow. 18 Oxford Archaeology and Heritage Council, Kilkenny City Walls Conservation Plan, 2005 19 Ozmin, E, Sharma, B., Wait, G and Heritage Council, Rothe House, Parliament Street, County Kilkenny Conservation Plan, 2002 20 Heritage Council, The Integrated Conservation Group, St. Mary’s Church and Graveyard Conservation Plan, 2005. 21 Heritage Council, St. Lachtain’s Church, Freshford Conservation Plan, 2004 22 In addition, the headstones in some historic graveyards have been recorded by community groups with support from the Council and can be accessed at https://historicgraves.com/ 23 Heritage Council, Guidance for the Care, Conservation and Recording of Historic Graveyards, 2010

5. Page 195

   Cite this pagePDF p. 195 (opens the publisher’s copy in a new tab)
   Chapter 9 Heritage, Culture and the Arts Kilkenny City and County Development Plan Volume 1 145 9.3.1.7 Historic Gardens and Designed Landscapes Historic gardens and designed landscapes are of natural heritage, architectural, landscape, cultural and historical importance. In addition, they are often the important setting of a Protected Structure. The National Inventory of Architectural Heritage (NIAH) has carried out a preliminary survey of historic gardens and designed landscapes in 2003-2005. A total of 196 potential historic gardens and designed landscape sites in County Kilkenny were identified24. Development Management Requirements: • To seek the protection and sustainable management of historic gardens, parklands and designed landscapes in the Kilkenny County and City, their setting and their visual amenity. • To request visual impact and /or an architectural heritage impact assessment where development is considered to, have a potential impact on a historic landscape or protected structure. • To protect elements of designed landscapes within the attendant grounds of Protected Structures, including boundary features. 9.3.2 Architectural Heritage 9.3.2.1 Record of Protected Structures Protecting architectural heritage is an important function of the planning authority. A Development Plan must include policy objectives to protect structures or parts of structures of special interest. The primary means of achieving this is to include a Record of Protected Structures (RPS) for the functional area within the development plan. A planning authority is obliged to include in the RPS every structure, which, in its opinion, is of architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest. A protected structure, unless otherwise stated in the RPS, includes the interior and exterior of the structure, land lying within the curtilage, any other structures lying within that curtilage25 and their interiors, plus all fixtures and features which form a part of the interior or exterior of any of these structures. Works which would, in the opinion of the planning authority, have a material effect on the character of the protected structure require planning permission. Those with an interest in a protected structure may seek a Declaration under Section 57(2) which would offer practical guidance in relation to the protection of the structure. Section 57(10)(b) of the Planning and Development 2000 provides that permission may only be granted for the demolition of a protected structure in exceptional circumstances. 24 For further information see http://www.buildingsofireland.ie/Surveys/Gardens/ 25 Curtilage is defined as the area of ground that is directly connected with the functioning or inhabitation of the structure. The Heritage Council -What is curtilage?

6. Page 196

   Cite this pagePDF p. 196 (opens the publisher’s copy in a new tab)
   Chapter 9 Heritage, Culture and the Arts Kilkenny City and County Development Plan Volume 1 146 There are now approximately 1,400 (City and County) buildings, structures and features listed in the RPS. The RPS (as correct at time of publication) is listed in Appendix I of this written statement. To ensure the protection of the County’s architectural heritage, the Council will promote the importance of regular maintenance of structures contained within the Record of Protected Structures. Information is available to owners of protected structures through the Architectural Conservation Office of the Council, while useful information and advice is also provided on the Council’s website. The Council will promote best practice and principles in conservation of the built heritage through the custodianship of Protected Structures in the Council’s ownership/care. The Council administer and manage conservation grants for the repair and safeguarding of Kilkenny’s architectural heritage26. 9.3.2.2 National Inventory of Architectural Heritage The National Inventory of Architectural Heritage (NIAH) survey for Kilkenny was published in 200627. The planning authority is obliged to consider for inclusion in its Record of Protected Structures any buildings rated as being of Regional, National or International importance by the NIAH and to consider including structures rated of local importance. The Council are continuing to process, on a phased basis, the addition to the RPS of NIAH buildings recommended for inclusion by the Minister. While structures on this Inventory await assessment for inclusion in the RPS, Kilkenny County Council will have regard to the heritage value of such structures in the context of any development proposals. It is Council policy to ensure the protection of architectural heritage by including all structures considered to be of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest in the Record of Protected Structures. 26 For more information, see https://www.kilkennycoco.ie/eng/Services/Planning/Conservation/Conservation-Grants/ 27 www.buildingsofireland.ie Objectives 9F To provide assistance to owners of protected structures in undertaking essential repairs and maintenance by the provision of relevant information. 9G To respond to the Ministerial recommendation to include in the RPS, structures which have been identified as being of regional, national or international significance in the National Inventory of Architectural Heritage survey and to consider for inclusion those rated as being of local significance. 9H To continue to review the Record of Protected Structures and add or delete structures as appropriate. 9I To ensure all digital mapping for the Record of Protected Structures is up to date and current, and readily accessible to the public.

7. Page 197

   Cite this pagePDF p. 197 (opens the publisher’s copy in a new tab)
   Chapter 9 Heritage, Culture and the Arts Kilkenny City and County Development Plan Volume 1 147 Development Management Requirements: • To have regard to the Architectural Heritage Protection Guidelines28 when assessing proposals for development affecting a protected structure and buildings listed in the NIAH. • To encourage the sympathetic retention, reuse and rehabilitation of protected structures and their setting, while ensuring the involvement of suitably qualified professionals • To ensure proposed service upgrades undertake an initial assessment of current services, to ensure the internal environment and fabric is not impacted on by such works. Energy assessments and Architectural Heritage Impact Assessments may be required where energy and service upgrades are proposed. • To ensure proposed development within the curtilage or attendant grounds of a protected structure respects the protected structure and its setting, • To require an architectural impact assessment where appropriate for developments within the grounds of country house estates which are Protected Structures. • To promote principles of best practice in conservation in terms of use of appropriate materials, repair techniques, and thermal upgrades by adhering to the guidelines as set out in Department of Housing, Local Government and Heritage’s Advice Series publications • To promote best conservation principles and practice when assessing proposals for Kilkenny’s architectural heritage • To ensure that energy upgrades for buildings constructed from traditional materials are respectful of architectural features, form, and environmental requirements necessary to maintain breathability in the structure. 9.3.3 Architectural Conservation Areas Each development plan must include a policy objective to preserve the character of Architectural Conservation Areas (ACAs) within its functional area. An ACA is a place, area, group of structures or townscape, taking account of building lines and heights, that is of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest or that contributes to the appreciation of a protected structure, and whose character it is an objective of the development plan to preserve. The purpose of designating an area as an ACA is to manage change, affording greater control over the form of development and reducing instances of inappropriate development and demolition. The character of an ACA is often derived from the collective value of an area’s buildings, their setting, landscape and other locally important features developed gradually over time. It is usually an expression of our culture and identity and contributes significantly to the quality of our lives. A general set of policies for all ACAs within the County and City is set out below. A statement of character has also been devised for each of these ACAs in order to identify the character that is worthy of protection. Any works proposed to the exterior of a building within an ACA which would affect the special character of the area would not be considered exempted development. For example, replacement of timber sash windows with inappropriate alternatives (e.g. uPVC) would not be 28 Department of Arts, Heritage and the Gaeltacht, Architectural Heritage Protection Guidelines for Planning Authorities, 2004

8. Page 198

   Cite this pagePDF p. 198 (opens the publisher’s copy in a new tab)
   Chapter 9 Heritage, Culture and the Arts Kilkenny City and County Development Plan Volume 1 148 exempted development within an ACA. Where applications are made for works outside an ACA which would have the potential to impact on the character of the ACA, these applications will be assessed using the criteria set out in the Architectural Heritage Protection Guidelines for assessing developments within the attendant grounds of protected structures (Section 13.8 AHPG Guidance on the criteria the planning authority will use to assess proposals for new development and proposals for demolition within an ACA are given in section 3.10 of the Architectural Heritage Protection Guidelines. Implications for Planning and Development The objective of the ACA designation is to protect the special character of an area through control and positive management of any changes made to the built environment. Owners and occupiers of nonprotected structures in any ACA should be aware that works which in the opinion of the planning authority would materially affect the character of the area as outlined here would require planning permission. General ACA Development Management Guidance • To have regard to the Architectural Heritage Protection Guidelines and the Charter for the Conservation of Historic Towns and Urban Areas (Washington Charter 1987), when assessing proposals for development affecting the character of an ACA • To seek the retention, repair and maintenance of the buildings which make up the streetscape of the ACA • To ensure the retention, repair and the regular maintenance, rather than replacement, of original/early features in buildings which contribute to the character of an ACA such as chimney stacks, roof coverings, roof profiles, external wall treatments, doors and windows, shopfronts and pub fronts, while ensuring appropriate materials and repair techniques are used when repairs are being carried out. • To ensure that inappropriate materials for windows, doors and rainwater goods constructed in aluminium or uPVC are not introduced to buildings within ACAs. • To encourage high quality, contemporary design and materials where appropriate when new buildings are being introduced into an ACA and the retention of the historic scale and plot size. In this regard new development should be of a very high standard of design, and should contribute to the visual enhancement of the area and respect the character of the ACA as set out in the statement of character. New development should be appropriate in form and use Objectives 9J To ensure the preservation of the special character of each ACA listed in this Plan (See Table 9.2 and Volume 2 Heritage Strategy) with particular regard to building scale, proportions, historical plot sizes, building lines, height, general land use, fenestration, signage, and other appendages such as electrical wiring, building materials, historic street furniture, paving and shopfronts. 9K To designate ACAs where appropriate and provide a local policy framework for the preservation of the character of these areas. 9L To prepare and introduce a set of Shopfront Guidelines.

9. Page 199

   Cite this pagePDF p. 199 (opens the publisher’s copy in a new tab)
   Chapter 9 Heritage, Culture and the Arts Kilkenny City and County Development Plan Volume 1 149 to its corner, infill or backland location. Established views to local landmarks should be maintained. • To ensure that new fascia boards inserted in the shopfront entablature are seamless without visible vertical joints or fixing materials. Hand painted fascia are encouraged and will be favoured over glossy, reflective signage. • To ensure the preservation of the special character of the ACA when assessing proposals for advertising signage, to limit the number of projecting signs to no more than one on each commercial premises to avoid visual clutter, to control lighting and coloured lighting on facades. • To seek the retention of mature trees/significant planting (those in good condition) which contribute to the character of each ACA where appropriate. • To retain historic items of street furniture where they contribute to the character of the ACA, such as, post boxes, benchmarks, gates, plaques, milestones, railings etc., • To facilitate the removal of overhead cables throughout the ACA, and to assesses all further cable installations against its likely impact on the character of the ACA. The cumulative impact of wiring is seen as a particular negative impact on the character of ACAs • To ensure existing stone kerbs and paving, and or cobble stones are to be retained and refurbished, where new kerbs are necessary they shall be in a like for like basis so as to enhance the area’s character. • To ensure the embodied energy of the current building stock within ACAs are acknowledged when considering proposed developments, and to encourage the reuse of these building over demolition. 9.3.3.1 Kilkenny County ACA’s There are 13 ACA’s located within County Kilkenny, see Table 9.2. Table 9.2: Architectural Conservation Areas, County Kilkenny (excluding Kilkenny City) Ballyragget Bennettsbridge Callan Castlecomer Freshford Gowran Graiguenamanagh Inistioge Johnstown Kells Piltown Stoneyford Thomastown

10. Page 200

    Cite this pagePDF p. 200 (opens the publisher’s copy in a new tab)
    Chapter 9 Heritage, Culture and the Arts Kilkenny City and County Development Plan Volume 1 150 There may be other ACA’s designated within the lifetime of this Development Plan. The ACAs for Callan, Castlecomer, Graiguenamanagh and Thomastown are set out in the Local Area Plans for those towns. 9.3.3.1.1 Ballyragget ACA Description and historical Background Ballyragget is the Anglicised version of Béal Átha Ragadh meaning mouth of Ragget’s Ford and it takes its name from Richard le Ragget, an Anglo-Norman landowner who held these lands in the 13th century. The layout of the town lends support to its Anglo-Norman origins. The Square was originally laid out as a wide main street to accommodate markets and the famous ‘fair day’ which took place here right up to the 1960s when people bought and sold farm animals. In 1580, Richard Butler, Viscount of Mountgarret inherited Ballyraggett, the town becoming the principal seat of this junior branch of the Ormonds. Older names of the settlement include 'Donoughmore' (Irish: Domhnach Mór 'Large Church'). There is some debate as to the meaning of Donoughmore. The very first Journal of the Kilkenny Archaeological Society "Old Kilkenny Review, Number 1 (1946–1947) January 1948" has an article about Ballyragget and its environs and states the belief that Domhnach Mór means Big Sunday and relates to the fact that thousands of people congregated at the now ruined church in Donoughmore for its opening on a Sunday and the name stuck. The town has a rich archaeological past, represented by Ballyragget Castle, a 15th tower house, while the town is also recognised as a Historic Town, later post medieval activity is represented by the 18th and 19th century two and three storey residences. Statement of Character (See Figure 9.4 for ACA Boundary). Ballyragget’s unique character is formed by: 1. The urban street pattern, characteristic of a town rather than a village, with streets leading off the square in different directions and a complete urban block between the Square and the Fair Green. 2. A generally coherent streetscape as a backdrop to the public realm, made up for the mostpart of 18th and 19th century structures of consistent architectural scale, proportion and finish, particularly around the square. 3. The contrast between the town’s principal open spaces of the Fair green and the central triangular shaped Main Square 4. The well-contained space and triangular shape of the Square which allows attractive oblique views of the complete streetscapes from most vantage points. 5. By contrast, the open nature of the Fair Green which allows long views to landmark buildings like the Church and Stephouse. The characteristics as set out above combine to create an urban quality of very pleasant scale in Ballyragget and this gives the town a strong identity and a unique ‘sense of place’.

Source Kilkenny County Council: Kilkenny City and County Development Plan 2021–2027 (2021–2027) · 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.