Chapter 14 - Built Heritage.pdf - Offaly County Council

OFFALY COUNTYOFFALY COUNTY COUNCILDEVELOPMENT PLANDEVELOPMENT PLAN 2009-20152009 - 2015Chapter 14BUILT HERITAGE

OFFALY COUNTY DEVELOPMENT PLAN 2009 - 2015Volume 1 - Written StatementCHAPTER 14: BUILT HERITAGEAIMOffaly County Council will seek to conserve, protect andenhance Offaly’s built heritage where possible. TheCouncil will aim to strike a reasonable balance betweenconservation and development objectives in theinterests of the proper planning and sustainabledevelopment of the county. The Council will continueto protect, conserve and enhance buildings, areas,structures, sites and features of special architectural,historical, archaeological, artistic, cultural, scientific,social or technical interest.CONTEXT‘Built heritage’ is the term used to describe buildings,places and sites which have acquired special interestand values through time and as such, warrantprotection and preservation, where feasible. It is ourduty within society to try and pass on this heritage tofuture generations, whilst being sympathetic topossible re-use if this is the only possible way thatensures the survival of such heritage.The first time that agreed international principles werelaid down was in the Athens Charter of 1931. TheCharter was reviewed and updated in 1964 in theVenice Charter, which deals with the conservation ofhistoric buildings, the Burra Charter for theconservation of places of cultural significance (1979)and the Washington Charter of 1987 which deals withhistoric towns and districts. These charters werepublished by ICOMOS (the International Committee forMonuments and Sites).STRATEGY14.1 The European Convention on theProtection of the ArchaeologicalHeritage (Valetta, 1992)The European Convention on the Protection of theArchaeological Heritage requires that archaeologicalheritage is taken account of in the developmentprocess. This convention also includes the setting andcontext of archaeological sites as part of thearchaeological heritage that requires protection.Ireland ratified this Convention in 1997, and as such islegally bound by it.14.2 National Monuments ActsThe National Monuments Acts 1930 - 2004 provide forthe protection of archaeological heritage. The Record ofMonuments and Places (RMP) was established underSection 12 of the National Monuments (Amendment)Act 1994 and structures, features, objects or sites listedin this record are known as Recorded Monuments. Aswell as extending protection to all known sites, theNational Monuments Acts 1930 - 2004 extendsprotection to all previously unknown archaeologicalitems and sites that are uncovered through grounddisturbance or the accidental discovery of sites locatedunderwater. Where necessary, the Minister for theEnvironment, Heritage and Local Government will issuepreservation orders to ensure protection is afforded tosites believed to be under threat.14.3 National Heritage Plan 2002A key objective of the National Heritage Plan (2002)seeks to ”place heritage at the heart of public life”. Theplan recognises that heritage is communal and we allshare a responsibility to protect it. Protection ofheritage must begin at local level enabling everybodyto become actively involved in preserving andenhancing the heritage of County Offaly.14.4 Offaly Heritage Plan 2007 - 2011The Offaly Heritage Plan is the second Heritage Plan tobe prepared and published for the county and itoutlines a five-year, specific action plan of work to becarried out in County Offaly, overseen by the OffalyHeritage Forum. The programme delivery is co-ordinatedby the Offaly Heritage Office and lists a number ofactions to be undertaken over the Heritage Plan Period.The Council will continue to work with the HeritageForum in relation to achieving its targets over thisCounty Development Plan period.14.5 Architectural Heritage ProtectionGuidelinesThe Architectural Heritage Protection Guidelines,published by the Department of the Environment,Heritage and Local Government (DoEHLG) in 2004 giveguidance to planning authorities on the application ofPart IV of the Planning and Development Act and dealwith protected structures and ArchitecturalConservation Areas in considerable detail. In addition,the DoEHLG has also published guidelines on theprotection of places of worship entitled ArchitecturalHeritage Protection for Places of Worship.Chapter 14 | Built Heritage | page 133

OFFALY COUNTY DEVELOPMENT PLAN 2009 - 2015Volume 1 - Written StatementOffaly County Council is committed to identifying andprotecting the built heritage of the county and willcontinue to do so in line with the relevant guidelinesand plans as outlined above.14.6 Architectural Conservation14.6.1 Protected StructuresThe Planning and Development Acts 2000 - 2006 statethe Planning Authority’s obligation in relation tostructures that are worthy of protection.For the purpose of protecting structures, or parts ofstructures, which form part of the architectural heritageand which are of special architectural, historical,archaeological, artistic, cultural, scientific, social ortechnical interest, every development plan shall include arecord of protected structures, and shall include in thatrecord every structure which is, in the opinion of the planningauthority, of such interest within its functional area 1 .An inventory of structures of architectural heritage wasproduced for Offaly in 2006 as part of the NationalInventory of Architectural Heritage (NIAH), by theDepartment of Environment, Heritage and LocalGovernment (DoEHLG). The Minister for theEnvironment, Heritage and Local Government hasmade recommendations for 1,210 structures in Offaly tobe listed as protected structures. This list includes thosestructures within the administrative areas of TullamoreTown Council and Birr Town Council. Therefore thestructures contained to these two areas are to beincluded as part of the Tullamore Town & EnvironsDevelopment Plan 2010-2016 and Birr Town & EnvironsDevelopment Plan 2010-2016.Where a structure is protected by its inclusion withinthe Record of Protected Structures, planningpermission is required for any alteration internally orexternally, which affects its character. Owners oroccupiers may seek a declaration from the PlanningAuthority as to the type of work which the PlanningAuthority considers would not materially affect thecharacter of the structure. Owners or occupiers areencouraged to consult with the Planning Authority ingood time as to the appropriateness of proposed worksand, as necessary, to seek competent advice on the bestpractice for carrying out such works. Under current1 Planning and Development Acts 2000-2006, Part IV, Section 51(1)legislation, protected structure status automaticallyincludes the curtilage of the buildings listed.14.6.2 Alterations / Extension of ProtectedStructuresThe Council will ensure that the alteration or extensionsto protected buildings and structures will only bepermitted if the proposals are in keeping with thecharacter of the building and preserve the architecturaland historic features of the building or structure. ThePlanning & Development Acts 2000 - 2006 removesexempted development rights where works to aprotected structure will materially affect the characterof the structure. Planning permission will be requiredwhere such works are proposed.14.6.3 Change of Use of Protected StructuresThe Council will favourably consider the change of useof any building listed for protection provided that sucha change of use does not seriously impact on itsintrinsic character.14.6.4 Demolition of Protected StructuresThere is a presumption against the demolition ofprotected structures. Planning permission is necessaryto demolish a protected structure and this presumptionexists within the context of any application for planningpermission for any protected structure and is governedby Section 57 (10)(b) of the Planning & DevelopmentActs 2000 - 2006. The Council will strongly resist thedemolition of any buildings or structure listed forprotection, unless the Council is satisfied thatexceptional circumstances exist.14.6.5 Architectural Conservation AreasArchitectural Conservation Areas comprise a place, anarea, or group of structures or part of a townscape,which is of special architectural, historical,archaeological, artistic, cultural, scientific, social ortechnical interest or contributes to the appreciation ofprotected structures; and which is listed as such an areain the County Development Plan. It may or may notinclude protected structures.Objectives to preserve the character of ArchitecturalConservation Areas (ACA’s) which the planningauthority considers are of special architectural,historical, archaeological, artistic, cultural, scientific,social or technical interest or value, or contribute to theChapter 14 | Built Heritage | page 134

OFFALY COUNTY DEVELOPMENT PLAN 2009 - 2015Volume 1 - Written Statementappreciation of protected structures may be included ina Development Plan where considered necessary topreserve their character. Offaly County Council willexamine the need to designate areas as ArchitecturalConservation Areas during the period of the plan.14.6.6 Vernacular StructuresIn towns, older structures, which may not be listed inthe Record of Protected Structures or part of an ACA,may, individually or as part of a group of buildings orstreet, contribute positively to the character of the areaor townscape, which can be diminished by their loss.The Council will seek to retain these structures wherefeasible. Examples of such structures include the GrandCanal, mills, thatched structures, old industrialbuildings and other buildings. A number ofpublications in relation to the county’s vernacularheritage are available and include the following:• thatch• mill sites• bridges• industrial heritage sites.14.7 Archaeological Conservation14.7.1 ArchaeologyOffaly has a rich and diverse archaeological heritage,which dates back to the Mesolithic period (7,000 B.C.)for example Lough Boora.Whilst all recorded monuments which are listed in theRecord of Monuments and Places are protected by lawunder the National Monuments Act 2004, it is alsoCouncil policy to protect its archaeological heritagefrom damage. There are currently upwards of 4,000archaeological sites identified within Offaly. However, itis accepted that many other sites may remain beneaththe surface and possibly may become uncoveredfollowing development / excavation work.The Council will take cognisance of the advice andrecommendations of the Department of theEnvironment, Heritage & Local Government, both inrespect of whether or not to grant planning permission,and in respect of the conditions to which permission, ifgranted, should be subject.The Council will ensure that all planning applications fordevelopment, refurbishment, restoration works, etc.shall be referred on receipt to National Monuments andArchitectural Protection Division (Department of theEnvironment, Heritage and Local Government).The Council will facilitate pre-planning consultations inrelation to the archaeological heritage with thePlanning Authority in its capacity of being charged withthe implementation of the National Monuments Acts.Wherever practicable, the Council will encourage theprovision of public access to sites identified in theRecord of Monuments and Places.Under section 12.3 of the National Monuments(Amendment) Act 1994, a person proposing to carry outworks at or close to a Recorded Monument is obliged togive notice of such intention to the Minister of theEnvironment, Heritage and Local Government.Development, either above or below ground within thevicinity of a site of archaeological interest will not bedetrimental to the character of the archaeological siteor its setting. Regard will be given to the “Frameworkand Principles for the Protection of the ArchaeologicalHeritage”.14.7.2 Sites and Monuments RecordA full record of the Record of Monuments and Places isavailable at Offaly County Council offices and should beconsulted in cases of all developments on, adjacent toor within the setting of sites of archaeological interest orwithin Zones of Archaeological Potential. In relation toall such sites, whether Recorded Monuments or thosecarrying a higher status, the Planning Authorityrecommends that potential developers consult as earlyas possible with the relevant agencies (such as theNational Monuments Service of the Department of theEnvironment, Heritage & Local Government) and thePlanning Authority in order to ensure that archaeologicalconcerns can be specified and if appropriate,integrated into development proposals at as early astage as possible.Copies of the Record of Monuments and Places areavailable for public consultation in the Council’splanning department and throughout the network oflibraries in Co. Offaly (Refer to Map 14.1).Chapter 14 | Built Heritage | page 135

OFFALY COUNTY DEVELOPMENT PLAN 2009 - 2015Volume 1 - Written Statement14.7.3 Zones of Archaeological PotentialIn 1986, an Urban Archaeology Study was undertakenby the Department of the Environment. This studyinformed the designation of Zones of ArchaeologicalPotential in the county including the following areas:• Banagher• Birr• Daingean• Dunkerrin• Seir Kieran.14.7.4 Monuments in State and CouncilOwnership in County OffalyOffaly County Council will seek to conservemonuments in its ownership, in consultation with theDepartment of the Environment, Heritage & LocalGovernment, where resources permit (Refer to Table14.1).All excavation, digging, ploughing or disturbance ofthe ground in proximity to National Monuments instate ownership or guardianship of the Minister for theEnvironment, Heritage and Local Government or of theLocal Authority requires the consent in writing of theMinister (Section 14 as substituted by Section 5 of theNational Monuments (Amendment) Act 2004). Wherenecessary, the Minister for the Environment, Heritageand Local Government will issue preservation orders toensure protection is afforded to sites believed to beunder threat.Table 14.1 National Monuments in State Ownership in County OffalyMonumentHigh Cross and Grave SlabHigh Cross and Remains of Church,KinnittySier Kieran Monastic Churchland andSettlementEarthworkChurches, Two Round Towers,Crosses, slabsTwo ChurchesLand at Clonmacnoise (9 Acres,7 roods and 37 perches)Medieval Deserted VillageTownlandDurrow DemesneCastletown and GlinskClonmore and ChurchtownCloninClonmacnoiseRahan DemesneClonmacnoiseCannakillNational MonumentRegistration Number3135104975328182601617Table 14.2 National Monuments in Guardianship of the State: County Offaly.MonumentClonfinlough StoneChurch and SlabsTownlandClonfinloughGallenNational MonumentRegistration Number336505Chapter 14 | Built Heritage | page 136

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OFFALY COUNTY DEVELOPMENT PLAN 2009 - 2015Volume 1 - Written StatementTable 14.3 Monuments Protected By Preservation Order County OffalyNo. ofPreservationOrderMonumentTownlandEffective Dateof Order8Crannog (Ballinaderry Lough)Ballinahinch5/1/3349Coole CastleKilcolgan1/1/3786Clonony CastleClonony More15/10/406/56RingfortBroughal22/2/561/57Ballykean Ring Barrow (O’Dempsey’s Ring)Ballykean23/1/573/86Motte Castle EarthworksRathlihen12/9/8623/76Hillfort (excluding School and Rectory bldgs.)Glebe and Ballycurragh4/6/765/2000Cemetery and EnclosureDerryvillaTPO 12.01Ecclesiastical RemainsClonmacnoise19/10/0114.7.5 Development Assessment CriteriaIn considering developments which impact onArchaeology, the Planning Authority will:••Seek archaeological impact assessments as partof the planning submission when a proposeddevelopment could affect a Recorded Monument,a Zone of Archaeological Potential, or anas yet unidentified element of archaeologicalheritage, or their setting, and will,Ensure that a suitably qualified archaeologistcarries out all archaeological works requiredwhen permission is granted for developmentthat require mitigation of impacts on thearchaeological heritage.14.8 Monastic SitesThere are twenty three recorded Early ChristianMonasteries in the county. Conservation ManagementPlans have been prepared for Clonmacnoise,Leamanaghan, Durrow and Rahan. The Council will haveregard to these plans when considering developmentwithin their boundaries.14.8.1 ClonmacnoiseClonmacnoise is one of Ireland’s foremost nationalmonuments and is of international importance as aspiritual, historic, archaeological and cultural centre. Theunique atmosphere and attractiveness of Clonmacnoisederives not only from the monastic site itself but itsrelationship to the River Shannon and the callowstogether with the sense of enclosure provided by theeskers. The effect is heightened by the unfolding of thesite as it is approached either from the river or any of thethree approach roads (Refer to Map 14.2).The Council is conscious of the fact that the interactionof all these elements contributes significantly to theimpact of the area and that it is necessary to preserveand protect these fully in order to retain the unique andspecial character of Clonmacnoise. In addition to themonastic site, the area surrounding Clonmacnoise,including Mongans Bog, Fin Lough and ClonmacnoiseCallows, are designated sites of international andnational conservation importance. A DraftManagement Plan for Clonmacnoise was prepared bythe OPW in 2003 and a review is planned in 2009/2010.Chapter 14 | Built Heritage | page 137

OFFALY COUNTY DEVELOPMENT PLAN 2009 - 2015Volume 1 - Written Statement14.8.2 DurrowThe remains of the monastery of Durrow are situatedwithin Durrow Abbey Demesne. The monastery wasfounded by St. Columcille in 587 A.D. The site was usedas a burial place for bishops, abbots and the nobles ofthe Midlands and Munster. The most elaborate featureat the site is the mid-ninth century high cross but it alsohas a number of other features of archaeologicalsignificance including the monastic enclosure, St.Columcille’s Island and the Augustinian Priory andNunnery.A conservation plan was commissioned by the Office ofPublic Works for Durrow Abbey and the surroundingthirty-one hectares of land acquired by the state in2003. The Planning Authority will have regard to thisplan when assessing applications that are within thisarea or in close proximity to this area.14.8.3 RahanThe monastic site of Rahan lies in flat pasture land onthe south bank of the Clodiagh River, seven miles westof Tullamore on the road from Rahan to Killina. TheGrand Canal passes to the south of the site. In the fifthcentury Camelacus was appointed by St. Patrick toestablish a monastery at Rahan. The monastic site wasre-founded by St. Carthage in the sixth century. Themonastery is contained within a large D-shapedenclosure with the Clodiagh River forming the straightsection on its northern side. A Conservation Plan forRahan has been prepared as per an action of the OffalyHeritage Plan 2007 - 2011 and the Planning Authoritywill have regard to this plan in relation to the assessingof applications in the vicinity of the site.14.8.4 KilleighKilleigh has been a site of historical importance sincethe early days of Christianity in Ireland. St. Senchell iscredited with founding the first church at Killeigh at thebeginning of the sixth century. The village contains anumber of key sites of archaeological significanceincluding the site of the Franciscan Friary, the site of theAugustinian Priory, the site of the Augustinian Nunneryand the Holy Wells.Authority will have regard to this village plan whenassessing applications within and adjacent to sites ofarchaeological significance.14.8.5 LemanaghanThe historic complex at Lemanaghan, with its focus atthe early monastic site dedicated to St Managhan, issituated on the R436 between Ballycumber and Ferbaneat the junction of the road to Pollagh. Thesemonuments occupy an upland area in Lemanaghan Bogwhich is bordered to the south by the callows of theRiver Brosna. Surrounding them is an exceptionalnumber of archaeological find sites, many relating to acomplex infrastructure of trackways or toghers, whichwere built and repaired over several centuries. Itconsists of a two-room, 19th-century schoolhouse, nowredundant, and a cluster of relatively small dwellings,the largest of which, Lemanaghan House, is to thesouth-west of the monastic site. The Heritage Councilprepared a Conservation Plan for Lemanaghan in 2007.The Planning Authority will have regard to this planwhen assessing applications that are within this area orin close proximity to this area.14.9 The Grand CanalThe Grand Canal, constructed between 1756 and 1793,carried both passengers and commercial boats until the1850’s with the latter continuing until the 1960’s. Therecreational value of the Grand Canal is recognised andit is intended to preserve its attractiveness by carefullycontrolling development in order to protect its amenityand tourism potential. The development of the canal inrelation to walking, cycling, coarse fishing and cruisingwill however be encouraged. Offaly County Council willhave regard to the Waterway Corridor Study 2002.An Historic Landscape Character Assessment forKilleigh was carried out in 2006. The Planning Authorityhad regard to this study when preparing the villageplan for Killeigh (Refer to Volume II). The PlanningChapter 14 | Built Heritage | page 138

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OFFALY COUNTY DEVELOPMENT PLAN 2009 - 2015Volume 1 - Written Statement14.10 POLICYArchitectural HeritageP14-01 It is Council policy to ensure that the alteration or extensions to protected buildings and structures willonly be permitted if the proposals are in keeping with the character of the building and preserve thearchitectural and historic features of the building or structure.P14-02 It is Council policy to encourage the rehabilitation, renovation and re-use of existing older buildingswhere appropriate.Archaeological HeritageP14-03 It is Council policy to apply the following principles to the archaeological heritage:• To facilitate appropriate guidance in relation to the protection of the county’s archaeological heritage.• To promote public awareness of the rich archaeological heritage in this area.• To protect and enhance archaeological monuments and their settings and Zones of Achaeological Potential.P14-04 It is Council policy that the area comprising the National Monument at Clonmacnoise, enclosing Eskers,Mongans Bog, Clonmacnoise Callows, Fin Lough and the limestone pavement at Clorhane shall retain itsnominated status as the ‘Clonmacnoise Heritage Zone’, in accordance with the recommendations of the study ofthe area carried out by the Environmental Sciences Unit of Trinity College, Dublin and as indicated on Map 14.2.In the primary control zone around the National Monument, development will be strictly curtailed, so as topreserve and protect the unique character and distinctive quality of this area. The boundaries of the secondarycontrol area correspond with that of the Shannon Area of High Amenity. Within this secondary area the controlsapplicable to Areas of Special Control will apply together with a further requirement that the Planning Authoritymust be satisfied that the particular purpose of the proposal justifies the location proposed.P14-05 It is Council policy to ensure that full consideration is given to the protection of archaeological heritagewhen undertaking, approving or authorising development in order to avoid unnecessary conflict betweendevelopment and the protection of the archaeological heritage.P14-06 It is Council policy to ensure that all development proposals affecting sites specified in the Record ofMonuments and Places or Zones of Archaeological Potential are referred to the prescribed bodies (as set out inthe Planning and Development Act 2000) and to have regard to the advice and recommendations of theprescribed bodies in relation to undertaking, approving or authorising development.P14-07 It is Council policy to ensure that when an unrecorded archaeological object or site is discovered, anyworks that threaten the object or site are immediately suspended and that the appropriate Government agencyis informed.P14-08 It is Council policy to protect historical burial grounds within Offaly and encourage their maintenance inaccordance with conservation principles.P14-09 It is Council policy to facilitate appropriate guidance in relation to the protection of the archaeologicalheritage in the area covered by the plan.Chapter 14 | Built Heritage | page 140

OFFALY COUNTY DEVELOPMENT PLAN 2009 - 2015Volume 1 - Written StatementP14-10 It is Council policy that developments, which require vehicular access from public roads that wereformerly towpaths or from existing towpaths along the Grand Canal, are very strictly controlled. This is inaddition to restrictions relevant to the Canal’s designation as a Natural Heritage Area and consequently as anArea of Special Control. It is policy to consider housing applications for established families* only along roads thatwere formerly towpaths along the Grand Canal and that such developments will be strictly controlled.* Families for the purpose of this policy (P14-10) are defined as husband, wife and their children, siblings of thehusband and wife and their sons and daughters.14.11 OBJECTIVES 2O14-01 It is an objective of the Council to examine the feasibility of designating Architectural ConservationAreas in the county over the plan period.O14-02 It is an objective of the Council to protect all structures listed in the Record of Protected Structures, thatare of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interestthroughout the county.O14-03 It is an objective of the Council to protect the Slí Mór and Slí Dála routes and sign post them whereappropriate.O14-04 It is an objective of the Council to secure the protection (i.e. preservation in situ or at a minimumprotection by record) of all archaeological monuments included in the Record of Monuments and Places asestablished under Section 12 of the National Monuments (Amendment) Act 1994, and their setting.O14-05 It is an objective of the Council to protect and preserve archaeological sites and their settingsdiscovered since the publication of the Record of Monuments and Places and the publication of the UrbanArchaeology Survey.O14-06 It is an objective of the Council to seek the preservation in situ (or at a minimum, preservation by record)of all archaeological sites or objects and their settings.O14-07 It is an objective of the Council to protect the Zones of Archaeological Potential identified in the Recordof Monuments and Places.2 The order of listing of objectives is not intended to indicate priorities. Subject to the availability of resources, it is the Council’s aim to monitor and accomplishthe objectives listed in this section within the period of the plan.Chapter 14 | Built Heritage | page 141

OFFALY COUNTY DEVELOPMENT PLAN 2009 - 2015Volume 1 - Written StatementNOTESChapter 14 | Built Heritage | page 142