Michael Finneran (Roscommon-South Leitrim, Fianna Fail)

The role of the Minister for the Environment, Heritage and Local Government is to ensure the regulatory framework is robust and adequate to underpin the protection and conservation of our built heritage and to encourage best practice in this area.

Part IV of the Planning and Development Act 2000 provides the primary legislative framework for the care and protection of the architectural heritage. Its main features include a clear obligation for planning authorities to create a record of protected structures and a provision for the Minister to make recommendations to a planning authority concerning the inclusion of particular structures in its record of protected structures.

The architectural heritage protection guidelines, published by the Department, provide a practical guide for planning authorities who must comply with Part IV of the Planning and Development Act 2000. Chapter 5 of these guidelines contains provisions for places of public worship, including the redundancy of a building as a place of public worship. Guidance is provided on several issues including retention of the redundant building for other uses or the loan or sale of the building to another religious denomination. My Department also funds a number of annual grant schemes through its built heritage capital programme, including the civic structures conservation grant scheme, the significant places of public worship scheme, the local authority architectural conservation grant scheme and the Heritage Council buildings at risk scheme. Grant assistance under the relevant scheme or schemes may be available to places of public worship and to those that are no longer in use as places of public worship.

The Planning and Development Act 2000 imposes a number of statutory obligations on a planning authority with regard to genuine complaints regarding unauthorised development, including investigating such unauthorised developments, issuing enforcement notices and informing complainants of its decision. The maximum fines for unauthorised development have been greatly increased under the 2000 Act. In addition, the planning regulations were changed with effect from 2 July 2008 to amend the exemptions with regard to demolition. The amendment identifies various categories of demolition and site clearance works that are to be exempted from the requirement to obtain planning permission, but the associated conditions and new lower thresholds for demolition afford greater protection to public buildings. Since 2 July last, the demolition of the building referred to by the Deputy required planning permission.

I understand from Dublin City Council that there was no planning permission for the demolition of this building and that the unauthorised demolition commenced on 14 October. Dublin City Council received a complaint on 15 October, visited the site immediately and directed the contractor carrying out the demolition to cease. The contractor complied with that direction. That evening the council served a formal enforcement notice prohibiting further demolition on the occupier and a person they believed to be one of the owners. The following morning a vehicle entered the site and struck the front gable of the building, causing a further collapse. The Garda was informed and its investigation is ongoing. The council is also investigating the matter with a view to determining who was responsible for this unauthorised demolition and initiating legal proceedings. I understand the council has acted in a timely manner in this case and is taking appropriate enforcement action under the relevant legislation.

I note with interest the Deputy's suggestion for an audit of buildings and their uses and I will convey this to the Department.

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