David Norris (Independent) | Oireachtas source

I thank the Cathaoirleach very much. I am very honoured by the unveiling of the portrait, which was great fun and very moving for me. As the Cathaoirleach mentioned, this is Bloomsday. It is inevitable I should mention Bloomsday on a day like this. James Joyce said that if Dublin were destroyed, it could be rebuilt from the pages of Ulysses. He was not right. What we would get is a very accurate street map but with almost no description of architectural frontage whatever so that part of it is not accurate.

I thank Ms Karin O'Flanagan and the Mountjoy Square residents' association because they provided me with the Bill and the explanatory memorandum on which I will rely. The purpose of the Bill is to amend the Planning and Development Acts to improve the level of protection afforded to Ireland's built heritage. The Bill will ensure that such protection and the expertise available to support it are based on the existence of effective expertise within planning authorities and An Bord Pleanála. This is obvious. If we having planning situations, we must have people with the expertise to deal with them. The Bill also aims to strengthen the protection afforded by the architectural conservation area designation and to increase the enforced mechanisms and penalties for breaches of planning legislation leading to damage to built heritage. The provisions of the Bill are perfectly standard. Part 1 is preliminary and general provisions. Section 1 contains the Short Title. Section 2 contains the interpretation. This is all absolutely standard.

Part 2 contains provisions relating to the role and function of architectural conservation officers in both planning authorities and An Bord Pleanála to facilitate the protection of built heritage. Section 3 sets out the minimum qualification requirements for architectural conservation officers. Section 4 requires all planning authorities and the board to have a conservation architect with the experience of building conservation practice and requires planning authorities and An Bord Pleanála to have a sufficient number of such practitioners available to fulfil their statutory functions. The section also requires that any person performing position of head of planning within a planning authority should have suitable qualifications in planning.

Section 5 requires all planning authorities have regard for the observations of architectural conservation officers in relation to their planning activities within their functional area. A similar obligation is imposed on An Bord Pleanála. Section 6 sets out the functions of architectural conservation officers in both planning authorities and An Bord Pleanála in relation to the planning function. Section 7 permits an architectural conservation officer to raise specific concerns about specific structures with the CEO of the planning authority. Section 8 requires each CEO of a planning authority to publish an annual report dealing with the conservation and management of the built heritage within the functional area.

Section 9 requires the appointment of a national built heritage conservation officer to advise the Government generally on the provision of architectural conservation services for the State and to provide advice and support to the Minister on such issues.

Part 3 contains amendments to Part IV of the Planning and Development Act 2000. Section 10 allows the planning authority to add a structure to the record of protected structures, RPS, or designate it as a proposed protected structure even though the existing planning permissions may attach to the structure where the structure is deemed to be of special architectural importance. The section also contains a provision for a planning authority to issue an interim designation order for a building that is in imminent threat of damage to the fabric or integrity of a building that would be eligible for inclusion in the RPS.

Section 11 introduces a new requirement to list the name and address of the legal owner of a property in the RPS and for a notification of the change of owner to be made to the RPS within 30 days of completion. Section 12 broadens the nature of the guidelines that the Minister can issue to the planning authorities concerning architectural conservation areas, ACAs. Section 13 removes the discretion of planning authorities to comply with the recommendation made by the Minister in relation to including properties in the RPS for the area. Section 14 requires the deletion of a property from the RPS by a local authority to have secured the consent of the Minister before having effect. Section 15 strengthens protection for heritage properties by extending the limit on exempt development status to properties within ACAs and by requiring works on all heritage properties covered by the section to seek a declaration confirming that the works would not materially affect the character of the structure in order to secure exempted development designation.

Section 16 removes the power of a planning authority or the board to permit the demolition of a heritage property. If such a property is to be demolished, it must first be removed from the RPS through the process set out in the legislation. Section 17 redefines the basis on which a retention permission can be granted by a planning authority or the board for works on a protected structure by inserting some conditions that need to be met in order for such permission to be granted. This includes compliance with an enforcement notice or confirmation that the works were necessitated to preserve the building. It clarifies that the carrying out of works to protect or safeguard a building following a breach of the Planning Acts shall not prejudice the legal rights of the planning authority concerning the structure concerned.

Section 18 extends the scope of existing section 57 declarations to the exempted development provisions under section 5 of the Planning Act. Section 19 reduces the statutory defences against the prosecution for damaging a structure where the person acted recklessly or failed to engage with the authority. Section 20 changes the title of “development plans” to “development and management plans” to clarify that the statutory plans are not just about creating new developments, but also about managing existing developments and land.

Section 21 requires the professional advisers engaged in the transfer of a property to notify the purchaser or lessee of the heritage designation of a listed property or a property within the ACA. Section 22 imposes an obligation on planning authorities when making a development and management plan to actively review areas within their functional area to be designated ACAs. Section 23 contains an obligation on planning authorities to include an objective in statutory plans to preserve the character of areas of special interest or value, as defined, or which contribute to the appreciation of protected structures and which need to be preserved. Section 24 reinforces the protection afforded by ACA designation for properties in public realm within ACAs.

Section 25 provides that permission should be refused by a planning authority or the board for works on structures within an ACA if the proposed development is contrary to the conservation objectives of the ACA. Section 26 strengthens the protection afforded the buildings within an ACA by requiring the planning authority to have regard for the authenticity of the surviving built fabric. Section 27 provides that the de-designation of an area such as an ACA can only take place with the prior written consent of the Minister. It also prevents an application for retention where the provisions of an enforcement notice have not been fulfilled. There are also additional powers granted to planning authorities to intervene to stop unauthorised works within ACAs and to confer similar powers as exist for protective structures for buildings within ACAs.

Section 28 extends the power of section 22 of the Act of a planning authority to acquire a structure within an ACA where it appears necessary to do so for the protection of the structure. Section 29 compels the planning authority to actively manage the ACAs. It also requires property owners within ACAs and owners of properties on the RPS to actively maintain their properties and not to allow them to suffer dereliction or damage. The section also requires owners of properties within ACAs or properties on the RPS to notify the planning authority of their ownership of the property within 90 days of the commencement of the section or 90 days of the acquisition of the property, whichever is the sooner. This section also requires persons carrying out works to an RPS or a property within an ACA to provide the planning authority with a conservation report when submitting a planning application for such works.

Section 30 requires someone applying for planning permission for works on a property on the RPS or within an ACA to specify that the property carries such a designation on any planning notice. Section 31 tightens the exempted development provisions as they apply to properties within an ACA or properties on the RPS.

Part 5 contains provisions relating to An Bord Pleanála. Section 32 increases the number of ordinary members of the board from seven to eight. Section 33 provides that one member of the board must be a grade one conservation architect. Section 34 expressly requires the board in the performance of its functions to have regard to policies and objectives of public authorities, including those concerning the conservation management of areas.

Part 6 contains provisions relating to enforcement. Section 35 amends section 152(2) by removing the discretion of a planning authority not to issue a warning letter where an enforcement issue arises in an ACA or concerns a building on the RPS. Section 36 reduces the time limit for issuing a warning level from six weeks to three working days- which is very severe - recognising the challenges involved in protecting conservation properties. Section 37 gives the power to ensure enforcement concerning a building on the RPS or within an ACA on the conservation officer of the local authority. Section 38 introduces a new provision compelling a local authority to send the conservation officer to a property within three working days where a complaint has been received that the original fabric of the building is at risk of loss due to unauthorised development.

Section 39 reduces the period within which a local authority must take enforcement actions following a warning letter. Section 40 makes it an offence for a person, when acting as the agent, the owner or developer of the property, not to disclose the existence of an enforcement notice or failure to comply with an enforcement notice. Section 41 requires planning authorities to maintain a register of warning and enforcement notices against properties which should be placed on public display. Any agent acting for a person selling, renting or developing the property will be on notice of enforcement issues on the register.

Section 42 increases the penalties arising from convictions concerning properties in an ACA or on the RPS. Section 43 is a new provision requiring a court to have regard to the extent of loss of a reasonable built fabric of a building and the willful nature of such damage when inserting the appropriate penalty to be imposed on conviction. Section 44 amends section 164A of the Act by providing that criminal prosecutions under the Act are taken by the Director for Public Prosecutions, DPP. It also includes a provision allowing the Criminal Assets Bureau to assist in such criminal prosecutions, including assisting in the recovery of assets.

Section 45 creates an obligation on each planning authority’s CEO to publish an annual report on the steps taken by the authority to safeguard built heritage in the preceding year, including development, management and development control initiatives.

I thank the Cathaoirleach.