Peter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source

I thank Senator Boyhan for raising the matter. With regard to the safeguarding of protected structures, Part IV of the Planning and Development Act 2000, as amended, gives primary responsibility to local authorities to identify and protect architectural heritage by including particular structures on their respective record of protected structures, RPS.

The making of a statutory development plan of a planning authority is set out in the Act and provides for the identification and protection of structures of heritage through their inclusion in the RPS. Inclusion on the RPS places a duty of care on the owners and occupiers of protected structures. Section 11 of the Act sets out the procedures and processes for the preparation of the draft development plan, including any buildings or structures to be included in the RPS.

Section 12 of the Act then stipulates the public consultation exercise to be undertaken for the draft development plan including a public display period, of minimum 10-week duration, within which period members of the public and others may make submissions to the planning authority. There is then a further 12-week period in which the chief executive of the planning authority must prepare a report, and a further 12 weeks during which time the members of the authority must consider the report on the draft plan – a maximum of 34 weeks in total. Following the planning authority’s consideration of the report on the draft development plan, the elected members may then propose that material alterations be made under section 12(6) of the Act.There is a corresponding four week period of public consultation be held for the receipt of submissions on same; a further four week period in which the chief executive of the Planning Authority must prepare a report; and, a further six weeks during which time the members of the authority must consider the report – a maximum of 14 weeks in total.

The legislation governing this stage, that is the material alterations stage, of the development plan preparation process is not explicit in specifying that a planning authority may, or may not, add to or delete from the RPS. However, it is clear that any material alteration may be made to the draft plan, which enables scope to make material alteration changes to the RPS. In this regard it is noteworthy that after public display of the proposed material alterations, when they are being considered by the elected members of the planning authority, the possibility for any further modifications to the RPS to be introduced is specifically excluded as per section 12 (10)(c)(ii) of the Planning and Development Act. There is no such specific exclusion on changes to the RPS at the material alterations stage.

Finally, it is noted that it is also possible for the planning authority to propose additions or amendments to the RPS at any time, that is, outside of the development plan making process. Section 55 of the Act sets out the procedure for doing so. In such cases there is a six week period for public consultation, with a decision to be made within 12 weeks. This is therefore the shortest of the three possible procedures, at 12 weeks in total.