Written answers

Tuesday, 24 May 2016

Department of Arts, Heritage and the Gaeltacht

Architectural Heritage

Photo of Tony McLoughlinTony McLoughlin (Sligo-Leitrim, Fine Gael)
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379. To ask the Minister for Arts, Heritage and the Gaeltacht if legislation exists that prevents listed and protected structures in local authorities' development plans from being protected by local authorities, once deconstruction works have already commenced, taking note of the judicial review Healy v. Dublin City Council 2007; and if she will make a statement on the matter. [11223/16]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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My role, as Minister for Arts, Heritage and the Gaeltacht, with regard to the protection and management of our architectural heritage, is set out in the provisions of relevant legislation, as are the role of local authorities and the responsibilities of owners as regards heritage assets.

Part IV of the Planning and Development Act 2000, as amended, provides for the protection of architectural heritage.

The Act gives primary responsibility to planning authorities to identify and protect the architectural heritage by including relevant structures on the Record of Protected Structures. Inclusion on the Record of Protected Structures places a duty of care on the owners and occupiers of protected structures and also gives planning authorities powers to deal with development proposals affecting them and to seek to safeguard their future.

Under Section 54 of the Planning and Development Act 2000, a planning authority may add to or delete from its record of protected structures a structure, a specified part of a structure or a specified feature of the attendant grounds of a structure. Such a structure, specified part of a structure, or specified feature remains on the record of protected structures until such time as the planning authority deletes it. Provision is made in the Act for the carrying out of works to protected structures either by way of planning permission or on the foot of a declaration received from a planning authority that certain works that would not materially affect the character of a structure are exempted development. There is a duty of owners and occupiers to protect structures from endangerment. Where structures become endangered or unauthorised development has been or is being carried out, the planning authority has the powers to take appropriate action.

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