Laois County Council Comhairle Chontae Laoise Appendix 1 : Record of Protected Structures Laois County Development Plan 2011-2017 Adopted 11th October 2011 1 1.0 WHAT IS A PROTECTED STRUCTURE? A Protected Structure [formally referred to as listed building] is a structure that a local authority considers to be of special interest from an architectural, historical, archaeological, artistic, cultural, scientific, social or technical point of view. The protection given to a structure applies to all parts of the structure, including the interior, the land lying within the curtilage of the structure, any other structures lying within that curtilage and their interiors and all fixtures and features. Details of Protected Structures are entered by the authority in its Record of Protected Structures, which is part of the Development Plan. Each owner and occupier of a Protected Structure is legally obliged to ensure that the structure is preserved. Each owner and occupier shall ensure that the structure or any element of it which contributes to its special interest is not endangered. Any person who, without lawful authority, causes damage to a protected structure shall be guilty of an offence. It is important to note that when a structure is protected it does not mean that the structure must be preserved exactly as it is, rather, it allows for managed change through the planning process, with the objective of retaining the qualities of the structure which give it its special interest. The addition or deletion of a structure is a reserved function of the elected representatives of the Council in their functional area. 1.1 What is the governing legislation for a Protected Structure? According to Section 10(2)(f) of the Planning and Development Act, 2000, a Development Plan shall contain objectives for: “The protection of structure, or parts of structures, which are of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest.” Section 51(1) of the Planning and Development Act, 2000 indicates the rationale for providing a Record of Protected Structures, stating that “ For the purposes of protecting structures, or parts of structures, which form part of the architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, every development plan shall include a record of protected structures, and shall include in that record every structure which is, in the opinion of the planning authority, of such interest within its functional area.” 1.2 How does a structure become a Protected Structure? A structure becomes a Protected Structure when it is included in the Record of Protected Structures compiled by the planning authority. A planning authority must follow certain procedures if it proposes to deem a structure to be a Protected Structure. These involve notifying the owners and occupiers of the structure and certain interested bodies of the proposal and also notifying the public by means of a newspaper advertisement. The owner or occupier of the structure, along with any member of the public, is entitled to make comments on the proposal to the authority. These comments are taken into account before the planning authority’s elected members decide whether or not the structure should become a Protected Structure. 2 1.3 What obligations fall on owners and occupiers to ensure the preservation of a Protected Structure? Under Section 58 of the Planning and Development Act, 2000, each owner and occupier must ensure that a Protected Structure or any element of a Protected Structure is not endangered through harm, decay or damage, whether over a short or long period, through neglect or through direct or indirect means. 1.4 Do special procedures apply to a Protected Structure under the planning system? Yes. Under the planning system, many minor works to structures do not normally require planning permission. These works are known as exempted development. However, for a protected structure, such works can be carried out without planning permission only if the works would not affect the character of the structure or any element of the structure that contributes to its special interest. An owner may request that the local authority provide a Declaration as to what is exempted development in each individual case. Depending on the nature of the structure, planning permission could, for example, be required for: • Interior decorating such as plastering or painting • Works which involve the removal of original material • Works which require the application of new material over existing (dry lining, etc) • Reslating without re-use of existing slates • Replastering in all cases • Re-pointing in most cases • Removal of renders to expose stone • New opes for doors and windows • Replacement of entire windows and doors • All demolition works including outbuildings • Works to boundary walls • Works which are likely to impact on the setting of the structure 1.5 How do owners or occupiers know which works require planning permission? An owner or occupier of a Protected Structure may request, under Section 57 of the Planning & Development Act, 2000, the local authority to issue a declaration indicating the types of works that could be carried out without affecting the character of the structure or any element of the structure which contributes to its special interest. These works would not require planning permission. A local authority will, in general, issue such a declaration within 12 weeks of receiving such a request. 3 1.6 How does an owner or an occupier apply for planning permission to carry out works to a Protected Structure? A planning application involving a Protected Structure is generally made in the same way as any other planning application. However, because of the sensitivity of most Protected Structures to inappropriate works, a planning application for works to a Protected Structure will generally be required to be more detailed. The relevant newspaper and site notice for the planning application must indicate that the application relates to a Protected Structure. Additional information on how the proposed development would affect the character of the structure must be submitted with the application. The local authority will consult other bodies, including the Department of the Environment, Heritage & Local Government, the Heritage Council and An Taisce before making a decision on the application. 1.7 Are there any measures in place to assist owners and occupiers to preserve a Protected Structure? Yes. A scheme of grants, called Conservation Grants Scheme, is operated by Laois County Council [and all local authorities] to assist the owner or occupier of a protected structure undertake works considered necessary to secure its conservation. The Council will prioritise applications for grant aid on the basis of the qualifying criteria [as established by the Department of the Environment, Heritage & Local Government] being satisfied. 1.8 Do local authorities have special powers in relation to a Protected Structure? Yes. A local authority may: • require an owner or an occupier of a Protected Structure to carry out works if it considers that the structure is or may become endangered; • require an owner or an occupier of a Protected Structure to carry out works if it considers that character of the structure ought to be restored; • acquire, by agreement or compulsorily, a Protected Structure if it considers that this is desirable or necessary in relation to the protection of the structure. 1.9 Are owners and occupiers liable to penalties? Yes. Penalties for wrongdoing are stringent. A fine of up to €12.7 million and €12,700 for each day of a continuing offence and/or a term of imprisonment of up to 2 years can be imposed on an owner or an occupier who: • Endangers a Protected Structure or undertakes any works to a Protected Structure without the necessary planning permission • Fails to carry out works, ordered by a local authority, to a Protected Structure 4 2.0 WHERE CAN ONE OBTAIN LEGISLATION IN RELATION TO A PROTECTED STRUCTURE? The law governing Protected Structures is set out in the Planning and Development Act 2000, as amended and the Planning and Development Regulations 2001, as amended. In addition to the baseline legislation, the Department of the Environment, Heritage and Local Government has produced several guidance documents in relation to the detailed on-going care and maintenance of protected structures. These include: 1. A Guide To Protected Buildings. 2. Action on Architecture 2002-2005 Advice Series. 3. Maintenance - a guide to the care of older buildings (2007). 4. Windows - a guide to the repair of historic windows (2007). 5. Architectural Heritage Protection - Guidelines for Planning Authorities [2004] Chapter 1 - Introduction Chapter 2 - Record of Protected Structures Chapter 3 - Architectural Conservation Areas Chapter 4 - Declarations Chapter 5 - Places of Public Worship Chapter 6 - Development Control Chapter 7 - Conservation Principles Chapter 8 - Walls & Other Structural Elements Chapter 9 - Roofs Chapter 10 - Openings: Doors & Windows Chapter 11 - Interiors Chapter 12 - Shopfronts Chapter 13 - Curtilage & Attendant Grounds Chapter 14 - Non Habitable Protected Structures Chapter 15 - Enabling & Temporary Works Chapter 16 - Making Good Disaster Damage Chapter 17 - Alterations to Enhance Fire Safety Chapter 18 - Improving Access Chapter 19 - Maintenance Appendices 5 6. Conservation Guidelines Pamphlet Series (1996) Conservation Guidelines