The Grid Link Project Appendix D AppendixD CulturalHeritageReport MDR0835Rp005_Appendix D F01 The Grid Link Project Cultural Heritage Constraints Study 10th August 2012 By Siobhán Deery Courtney Deery Heritage Consultancy On behalf of RPS Group For EirGrid Abbreviations used in the text ASI Archaeological Survey of Ireland CDP County Development Plan DAHG Department of Arts, Heritage and the Gaeltacht LAP Local Area Plan NGR National grid reference NMI National Museum of Ireland NMA National Monuments Act NMS National Monuments Service NIAH National Inventory of Architectural Heritage NVT No visible trace OD Ordnance Datum (altitude) OS Ordnance Survey REF Reference RMP Record of Monuments and Places RPS Record of Protected Structures SMR Sites and Monuments Record (predecessor of RMP) Figures Figure 1 RMP distribution map Figure 2 National Monuments, Preservation Orders and Register of Historic Monuments distribution map Figure 3 RPS distribution map (available data) Figure 4 NIAH distribution map (showing sites of International, National, Regional, Local and Record Only) Figure 5 NIAH Historic Garden and Designed Landscapes Survey distribution map Appendices Appendix 1 References Appendix 2 General introduction to monuments in the Irish landscape Appendix 3 Summary of relevant legislation TheGridLinkProject CulturalHeritageConstraintsReport _________________________________________________________ 1 INTRODUCTION This report provides an overview of the cultural heritage (i.e. archaeological, architectural and cultural heritage) potential of lands currently under study for the proposed Grid Link Project and identifies the issues this potential presents for the proposed scheme. The Grid Link Project is proposed to provide a new 400 kV HVAC circuit linking the transmission substations at Dunstown in Co. Kildare to Knockraha in Co. Cork via Great Island in Co. Wexford. The study area includes all of Counties Carlow, Waterford, Wexford and Wicklow, most of Kilkenny, and to a lesser extent Cork, Dublin, Kildare, Laois, and Tipperary. A small portion of County Limerick is also included within the study area. Given the magnitude of the project the constraints study is examined on a county by county basis. 2 OBJECTIVE The SEA of Grid25 Implementation Plan (2011-2016) identified a key objective in relation to cultural heritage (comprising archaeology, architectural and cultural heritage) as follows: - To avoid unauthorised impacts upon archaeological heritage (including entries to the RMP) and architectural heritage (including entries to the RPSs) This objective will influence the consideration of cultural heritage throughout each stage of this project. Cultural heritage includes architectural and archaeological heritage. 3 CULTURAL HERITAGE PROTECTION STATUS 3.1 ARCHAEOLOGY Archaeology is the study of past societies through the material remains left by those societies and the evidence of their environment. The ‘archaeological heritage’ consists of such material remains (whether in the form of sites and monuments or artefacts in the sense of moveable objects) and environmental evidence. The significance criteria used to evaluate an archaeological site, monument or complex are as follows: existing status (level of protection), condition or preservation, documentation or historical significance, group value, rarity, visibility in the landscape, fragility or vulnerability, and amenity value. In accordance with the EPA guidelines (EPA, 2003, 139) the removal of archaeological remains will result in a negative, direct and significant impact. This impact can, however, be mitigated by excavation in which a detailed record and archive of each site and also the publication of the results are provided, thereby ensuring preservation by record. Archaeological features may, in some situations, be considered as architectural heritage and therefore, may appear on both the RMP and RPS. This means that these features are protected by both the National Monuments Act and the Planning and Development Act 2000. The Minister of the DAHG has a responsibility to protect the archaeological heritage and to exercise powers of preservation under the National Monuments Acts, 1930-2004, taking account of the European Convention for the Protection of the Archaeological Heritage. The protection of the archaeological heritage is provided for using the following four statutory designations: x National monument in the ownership or guardianship of the Minister for AHG or a Local Authority. x National monument subject to a Preservation Order (or temporary Preservation Order). x Register of Historic Monuments (RHM). x Record of Monuments and Places (RMP).National Monuments Page3of117 TheGridLinkProject CulturalHeritageConstraintsReport _________________________________________________________ National Monuments in State Care: Ownership and Guardianship Section 16 of the 1930 Act provides that where the Minister is the owner of a national monument then the Minister shall admit the public to enter on and view such monument upon payment of such (if any) admission charge and subject to such conditions and limitations as the minister shall prescribe. Section 11 of the 1994 Act provides that the Minister may acquire by agreement or compulsorily any monument that is in his or her opinion a national monument or any part of such monument. The provisions of Section 14 of the 1930 Act regarding prohibition of injury to national monuments which apply to national monuments subject to a Preservation Order apply similarly to national monuments of which the Minister is guardian. Section 12(1) of the 1930 Act provides that the Minister shall maintain a national monument of which he or she is the guardian. According to the National Policy on Town Defences (2008), within the meaning of the National Monuments Acts, all town defences are considered national monuments by reason of the historical, architectural, and archaeological interest attaching to them. This status relates as much to their protection as to the nature of consent and management of works on, or close, to them. National Monuments with a Preservation Order or Temporary Preservation Order Where it appears to the Minister that a monument, considered to be a national monument, is in danger or is actually being destroyed or falling into decay the minister may by preservation order or temporary preservation order, undertake the preservation of the monument. A temporary preservation order will remain in force for six months and then expire, however it is an indication of additional sites that are considered as being national monuments. National Monument in Local Authority Ownership/Guardianship Monuments which may be defined as national monuments are also in the ownership or guardianship of Local Authorities which have similar responsibilities under the National Monuments Acts (1930-2004) to the DAHG. These monuments are not included in any specific dataset. Each Local Authority will make a determination whether the preservation of a monument in its ownership/guardianship, is a matter of national importance because of the archaeological, architectural, historical, traditional or artistic importance attaching to that monument. There are no definitive lists of these sites available; such determinations are generally made on a site by site basis as the need arises. Record of Monuments and Places Archaeological monuments are protected under the National Monuments Acts 1930- 2004. Section 12 (1) of the 1994 Act provides that the Minister shall establish and maintain a record of monuments and places where the Minister believes there are monuments, such record to be comprised of a list of monuments and relevant places and a map or maps showing each monument and relevant place in respect of each county in the State. This is referred to as the Record of Monuments and Places and monuments are entered into it are referred to as Recorded Monuments. Section 12(3) of the 1994 Act provides that where the owner or occupier (other than the Minister) of a monument or place included in the Record, or any other person proposes, to carry out, or to cause or permit the carrying out of, any work at or in relation to such monument or place, he or she shall give notice in writing to the Minister of the proposal to carry out work and shall not, except in the case of urgent necessity and with the consent of the Minister commence the work until two months after the giving of notice. This time will allow the National Monuments Service to consider the proposed works and how best to proceed to further the protection of the monument. The Register of Historic Monuments The Register of Historic Monuments was established under Section 5 of the National Monuments Act 1987. This list consists of monuments which are known to the Minister and which in the Minister’s opinion should be so entered in the Register. Section 5(8) of the 1987 Act provides that where the owner or occupier (not being the Minister) of a historic monument or archaeological area entered in the Register, or any other person, proposes to carry out, or cause or permit the carrying out of, any work, at or in relation to such a monument or area then he or she shall give Page4of117 TheGridLinkProject CulturalHeritageConstraintsReport _________________________________________________________ notice in writing of the proposal to the Minister and shall not, except in the case of urgent necessity and with the consent of the Minister, commence the work until two months after the giving of