Chapter 6 Development Control

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Architectural Heritage Protection Guidelines for Planning Authorities6.10 <strong>Development</strong> by Certain State Authorities(Part 9 <strong>Development</strong>s) 336.10.1 Certain classes of development carried out by stateauthorities are not subject to the normalrequirements of planning permission. The classes ofdevelopment specified in Part 9 of the Regulations,such as the provision of prisons, Garda stations,barracks etc. are excluded from the normal planningprocess for reasons of public safety or order, theadministration of justice, national security ordefence. The state authority may instead be requiredto give notice of the proposed development, askingfor observations, which it must take into account indeciding whether or not to modify or carry out thedevelopment. The Regulations specify that theconsultation procedures must be followed in caseswhere the proposed works are to a building that isa protected structure or proposed protectedstructure, even where it would not otherwise berequired. 346.10.2 In addition to the normal notification requirementsof Part 9, where the development includes works toa protected structure or a building in an ACA, theauthority concerned must, in addition, send noticeto the Minister. 35 The plans and particulars must, inthe case of works to a protected structure orproposed protected structure, include drawings andparticulars showing how the proposed developmentwould affect the character of the structure.6.10.3 Where state authorities are proposing to carry outworks to a protected or proposed protectedstructure, it is advisable to consult in advance withthe Architectural Heritage Advisory Unit of theDepartment and, where appropriate, with theconservation officer of the planning authority.6.11 Exempted Works to Monuments6.11.1 The Minister may carry out works under theNational Monuments Acts 1930 - 2004 in relation tonational monuments or any particular monumentsas before, without seeking planning permission,whether or not such structures are protected underPart IV of the 2000 Act. 366.12 Compliance6.12.1 In many cases it is acceptable to allow particular,small-scale aspects of a permitted development tobe clarified after a grant of permission is made, byattaching a condition requiring the submission ofdrawings or other documents. Such matters couldinclude details which would not have a substantialimpact on the nature or extent of the development,as those should be resolved prior to deciding thecase.CHAPTER 6 DEVELOPMENT CONTROLCertain building typessuch as Garda Stations,subject to the provisionsof Part 9, are alsoprotected structures33 Section 181, 2000 Act and Part 9,2001 Regulations34 Section 181, 2000 Act and Part 9,2001 Regulations35 Article 88 (2), 2001 Regulations 36 Section 260, 2000 Act97
Architectural Heritage Protection Guidelines for Planning AuthoritiesCHAPTER 6 DEVELOPMENT CONTROL6.12.2 The submission of some architectural details may benecessary at compliance stage if, for example, theycould not be finalised prior to gaining full access tothe property or if selected areas had first to bedemolished or made safe. All drawings should, asnormal, be sufficiently legible and well annotated toshow clearly the appearance and materials, withsamples of materials submitted or sample elementsconstructed as necessary. If architectural details aremeant to copy previous or original elements,supporting visual information might be necessary toconfirm the accuracy of the new work.Specifications or method statements should followrecognised conservation procedures. TheDepartment of Environment Conservation Guidelinesor Part 2 of these guidelines may help to establish ifthe proposed works are appropriate. Agreementshould not be given until it is clear that thecharacter of the protected structure will beprotected in the work.6.12.3 Where works commence on receipt of planningpermission, the planning or conservation officershould visit the site whenever feasible to ensurethat the project is proceeding in compliance withthe permitted plans and conditions. If it is acondition of permission that a conservationspecialist is to oversee the project on site, thisperson should be on hand to discuss progress andanswer queries. Where reports have been requiredto set out progress at specified stages of theproject, these should be submitted and approved.Not all of the personnel who are involved in even arelatively small contract may be aware of thesignificance of the structure being modified;however, an ongoing relationship with the planningauthority officials should improve communications.6.12.4 A developer may seek discussions on theprocedures to take if concealed features have cometo light during initial works. 37 The best way toproceed depends on the importance of thefeatures, how their retention would affect thedevelopment, whether or not a small-scale redesignwould require a further grant of permission or couldbe resolved by writing a declaration and if thefeatures could be satisfactorily recorded or relocatedwithin the structure. The conservation officer, whereavailable, should be involved in these decisions.6.13 Enforcement6.13.1 The Act gives new and clarified powers ofenforcement to planning authorities. 38 Theconsistent enforcement of the legislative andregulatory provisions and conditions attached toplanning permissions are intended to effect apositive change in the public perception of theimpacts of development, and to assure thecredibility of the system of planning anddevelopment control.6.13.2 A quick response to complaints about the nature ofthe works by members of the public during thecourse of development projects affecting protectedstructures is desirable.6.13.3 It is of course impossible to replace lost historicfabric. Damage to or demolition of protectedstructures therefore irredeemably damages ourarchitectural heritage. In cases where an owner oroccupier of a protected or proposed protectedstructure has knowingly and unlawfully demolishedor damaged that structure, or a part of thatstructure that contributes to its special interest,immediate consideration should be give toenforcement action by the planning authority, andthe site closed down if necessary.6.13.4 The seriousness of the infringement and thewillingness (or not) of the owner to respond shouldguide the planning authority as to the mostappropriate step to take. Relatively small-scaleunauthorised works such as inappropriate windowreplacement can often be mitigated by theirremoval and replacement by correctly detailedelements. This can be achieved by the owner oroccupier applying for retention permission or by theplanning authority issuing a notice requiring therestoration of character of the structure. 39 If anowner is unwilling to comply, enforcement actionshould be considered. Where retention permission,or a Section 60 restoration notice, would beinadequate to remedy the damage immediateenforcement action is advisable. This may arise, forexample, where a protected structure, or asubstantial part of it, has been demolished oraltered without consent, where ongoingdevelopment is not being carried out to theapproved standards such that it is endangering thestructure, or where important fixtures and featureshave been damaged or removed during the works.9837 See also paragraphs B5.14 andB5.15 in Appendix B38 Part VIII, 2000 Act 39 See also paragraph 6.16 ‘Restorationof Character’
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Chapter 6 Development Control

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