THE RECORD OF PROTECTED STRUCTURES
What is a Protected Structure?
Protected Structures are buildings, features and structures within Dun Laoghaire Rathdown that are protected because they meet one or more of the Categories of Special Interest set out in Section 51 (1) of the Planning & Development Act, 2000 and Section 2.5.4 of the DOEHLG Architectural Heritage Protection Guidelines. These categories are Architectural, Archaeological, Artistic, Cultural, Historical, Scientific, Social and
The list containing all the structures that are protected within Dun Laoghaire Rathdown is known as the Record of Protected Structures, or RPS for short. Prior to an Act in 1999 these buildings or features were known as Listed Buildings, but this title no longer applies. The RPS is a dynamic record to which structures continue to be added and sometimes deleted.
How do I know I own a
Protected Structure?
If you are unsure if a building you own is protected or not, you can simply check the County Development Plan, which can be viewed in County Hall, Libraries, and on the Councils website (pdf - 268kb). Sometimes, ambiguities in the address and name of the buildings can make it unclear whether a structure is included on the RPS. Where there is uncertainty you should contact the Conservation Officer.
List of Protected Structures (pdf - 268kb)
What parts of a protected structure must be preserved?
Protected Structure designation aims to preserve all parts of the structure, including its interior, all land around it, and any other structures on that land (including boundaries). The designation also applies to all fixtures and fittings forming part of the interior of a protected structure or of any structure on the land around it. External boundary walls, for example rubble stone, wrought and cast-iron railings are also included in the designation.
How does a structure become a Protected Structure?
Any structure including those of local interest that meet one or more of the Categories of Special Interest in accordance with Section 51 (1) of the Planning & Development Act, 2000 and Section 2.5.4 of the DOEHLG Architectural Heritage Protection Guidelines may be considered for inclusion onto the Record of Protected Structures (RPS).
A planning authority may add (or delete) a structure from the RPS as appropriate:
a) in accordance with a review or variations of the County Development Plan as set out in Section 12 of the Planning and Development Act 2000 or
b) at any other time by following prescribed procedures laid out under Section 55.
The making of an addition (or deletion) is a function that is a matter for the elected representatives.
Any person who wishes a structure be added to or deleted from the Record of Protected Structures may apply to the Conservation Division for consideration. Supplementary information should accompany the address of the building, such as maps, photographs, and any known historical information.
A notification process also forms part of the formal procedure to add a structure onto the Record of Protected Structures. This involves notifying the owners/occupiers of the structure, along with certain interested bodies of the proposal and also the public by means of a newspaper advertisement. The owner/occupier of the structure and any member of the public are entitled to make comments on the proposal to the authority. These comments are taken into account before the planning authority’s elected members decide whether or not the structure should become a protected structure.
Under the planning system, many
minor works to structures do not normally require planning permission.
These works are known as exempted development. However, for a protected
structure, such works can be carried out without planning permission only if the
works would not affect the character of the structure or any element of the
structure that contributes to its special interest.
How can I find out if the kinds of improvements or alterations which I want to undertake will or will not require planning permission?
In the Planning and Development Act, 2000, there are two provisions, which enable owners of protected structures to find out what works they can and cannot do without planning permission. These are:
Section 57 Declaration LINK to Section 57 application form (pdf document)
Dun Laoghaire Rathdown County Council can issue, on request from an owner/occupier, a Section 57 Declaration, which will clarify works which will or will not affect the character of the protected structure and consequently whether planning permission will be required. It is important that when returning the application that it is accompanied by an Ordnance Survey Map outlining in red the extent of the site and grounds of the structure. The Section 57 Declaration is a free service and involves a site visit assessment by the Conservation Officer prior to issuing of the Declaration. The more detailed the information we receive regarding your intentions or ideas the better, the more detailed and specific the Declaration will be. Therefore we advise that you have worked out what it is you want to do before sumbitting your application.
Section 5 Declaration LINK To Section 5 Application Form (pdf document)
Under a Section 5 Declaration it is possible to determine if certain developments are considered exempted development, and therefore not subject to planning permission. This Declaration can apply to both an un-protected and a protected structure. A fee of EURO 80.00 applies to this Declaration.
I have ideas for altering part of my protected structure. How do I know if I am considering the right approach?
Pre-planning meetings can be arranged to discuss proposals at design stage. For this, we request that a set of drawings of your proposal to be submitted to the Conservation Division prior to meeting with you or your architect, which indicate the proposed changes. You should also allow for up to three weeks for an appointment date.
I understand that planning permission will be required for what I want to do. What should I submit with my planning application?
A planning application involving a protected structure is generally made in the same way as any other planning application. However, additional information must be submitted with the application.
LINK TO PDF GUIDE TO PP (pdf document)
When submitting a planning application on a protected structure the following information could be included, unless advised otherwise by the Conservation Division:
Architectural Heritage Impact Assessment
An Architectural Heritage Impact Assessment carried out by an RIAI accredited conservation architect or qualified professional with specialised conservation expertise.
This report could include the following:
- Historical appraisal.
- Detailed room-by-room architectural inventory and associated photographic record (associated to report and survey drawings to give location of image). Three colour copies of photographic record to be submitted.
- Detailed description of the overall development of the structures, noting all the building phases. For instance, if the layout has changed, or if partitions were inserted in the rooms, these alterations should be highlighted in a separate colour. This should be cross-referenced to the annotated survey drawings and photographs.
- Condition assessment.
- Detailed description of the relationship of the structure to its setting, noting the evolution of the site, its impact on the landscape, ancillary structures and their relationship to the principal structure in question
- Impact assessment of the proposed development
- Re-rendering, re-plastering of internal walls – giving proposed mortar mixes in each case.
- Details of and installation of all proposed plumbing and electrical provisions
- Method of removal/insertion of partitions
- Method of opening of new openings and rationale for this development.
- Conservation of original features to satisfy issues, which arise in the condition assessment.
- Written statement describing and justifying the proposed works and the philosophy that informs them.
- A site location plan showing the Protected Structure in its setting, the relationship to its curtilage, and where applicable, the adjoining properties. (Scale: 1:200 or 1:500, as appropriate)
- Survey drawings of existing buildings highlighting original detailing such as joinery, etc. to include floor plans, sections and elevation drawings. (Scale for survey drawings: 1:50; Scale for details 1:20)
- Survey drawings should be colour coded to differentiate different periods of development.
- Scaled drawings of proposed developments.
- Drawings to illustrate new extensions and the extent of alterations to the rear elevation where the new build adjoins it.
- Contextual drawings to show the new build in its setting and how it will impact upon the setting of the Protected Structure.
Survey drawings and Plans:
Where can I find qualified people to carry out works to my Protected Structure?
It is important to source an architect or building surveyor, who understands traditional buildings and who specialises in their repair and refurbishment. A number of organisations maintain a database of contractors with suitable expertise and these can be accessed through their websites. The Irish Georgian Society has a register of practitioners at www.igs.ie and The Royal Institute of Architects Ireland (RIAI) has a list of conservation accredited architects which can be found at www.riai.ie. The Construction Industry Federation has a register of specialist Heritage Contractors at www.cif.ie.
Below is a non-exclusive list, intended as a guide for owners and occupiers of historic buildings, of specialist contractors. Dun Laoghaire Rathdown County Council cannot be held accountable for contracts entered into. Before commissioning a contractor, always ask to see examples of their work and references.
| Roofs | Roofs | Roofs |
| Shay Dublin |
Conor Duffy Joinery Contractor BT60 3NP |
T.C Walsh & Son Ltd. Dublin |
| Flemings of Dun Laoghaire
|
Ashbourne Roofing Ashbourne Co. Meath |
Seamus Smith Co. Longford |
| Eamon Toner Co. Dublin 087 277 6152 |
Dartmouth Building Contractors Dublin |
|
| Timber Windows | Timber Windows | Timber Windows |
| K.W.R.S Ltd. Kells Co. Meath |
Advance Joinery Services Ltd Dublin |
The Original Box Sash Window Company Blackrock |
| Ventrolla (WJ Bolger) Dublin |
Unique Metalwork Fabrication 57 Patrick Street |
Historic Sash Windows Ltd. 4 Ballygoran View Co. Kildare |
| Sash Window Solutions Co. Offaly Andrew Wolahan 087 217 7663 087 256 2289 |
Traditional Sash Window Dublin |
Maclyn Conservation Joinery Dublin 087 244 9881 |
| Philip Kennedy Cloghan County Offaly 090 645 7846 |
||
| Stained Glass Windows | Stained Glass Windows | Stained Glass Windows |
| Catherine Lamb |
Irish Stained Glass and Leaded Windows Company Ltd Greenlands, Sandyford, Dublin 16 |
Art Glass Ireland Derry City, www.artglassireland.com |
| Aria Stained Glass Claregalway, Co. Galway Tel: 091 793 366/087 237 5789 |
||
| Steel Windows | Steel Windows | Steel Windows |
| Acol Co Meath |
Window and Door Accessories Ltd |
J.H Projects (Jan Hermans) |
| Miscellaneous | Miscellaneous | Miscellaneous |
| Des O'Carroll Ballyboden Dublin |
Bushy Parks Ironwork (Railings/Ironwork) Tallaght, |
George O'Malley Plastering Co. Wicklow 087 259 7439 |
| Gerard Pulman Metal Working Columba's College, Rathfarnham Dublin |
Brian MacElvanney Dublin |
David Kelly 12 Bromley Court, Dublin |
What obligations fall on owners of Protected Structures?
Owners or occupiers of protected structures are legally required to make sure that the structure does not become endangered through neglect, decay, damage or harm. Generally, if a structure is kept in habitable condition and regular maintenance is carried out (cleaning out gutters, repairing missing slates, repainting external timberwork, etc.), it should not become endangered.
If a protected structure is endangered, the
planning authority can serve a notice on the owner or occupier,
requiring them to carry out any work that it considers necessary to protect
the structure.
Under the Planning and
Development Act 2000, there are penalties for owners or occupiers of protected
structures who endanger the structure or who fail to carry out work that has
been ordered by the planning authority.
It should be noted that the
lack of general maintenance and a poor cosmetic appearance do not constitute
‘endangerment’ of a Protected Structure. The Planning and Development Act
2000 defines endangerment as ‘exposed to harm, decay, or damage, whether
immediately or over a period of time, through neglect or through direct or
indirect means’.
Obligation to Prevent Endangerment of a Protected Structure
Owners or occupiers of protected structures are legally required to make sure that the structure does not become endangered through neglect, decay, damage or harm. Generally, if a structure is kept in habitable condition and regular maintenance is carried out (cleaning out gutters, repairing missing slates, repainting external timberwork, etc.), it should not become endangered.
If a protected structure is endangered, the planning authority can serve a notice on the owner or occupier, requiring them to carry out any work that it considers necessary to protect the structure. The work must be done within eight weeks of the date of the notice. The planning authority can also serve a notice to require the ‘restoration of character’ of the protected structure. This could include removing, changing or replacing any parts of the structure specified in the notice.
Owners or occupiers can make written representations to the planning authority about the terms of the notice. In many cases, the works may be eligible for a conservation grant. The planning authority will take these representations into account when making their final decision. Owners and occupiers can appeal against the notice to the District Court within two weeks of their last response from the planning authority, if they are still not satisfied.
If a notice to prevent a structure from becoming endangered has been ignored, the planning authority can take enforcement action. In the case of endangerment or restoration of character notices, the planning authority can carry out the work itself and recover the costs of the work from the owner or the occupier. In exceptional cases, the planning authority may buy the protected structure from the owner, either by compulsory purchase or by agreement. This would only be done if the planning authority considered it the only way to save a protected structure.
Under the Planning and Development Act 2000, there are penalties for owners or occupiers of protected structures who endanger the structure or who fail to carry out work that has been ordered by the planning authority.
It should be noted that the lack of general maintenance and a poor cosmetic appearance do not constitute ‘endangerment’ of a Protected Structure. The Planning and Development Act 2000 defines endangerment as ‘exposed to harm, decay, or damage, whether immediately or over a period of time, through neglect or through direct or indirect means’. Where can I find out more information about my
Protected Structure?
Sources of historical information on my protected structure
Secondary source material is the most accessible sources
of information for historical research. Listed below are a number of
publications and periodicals, which may help you in your research.
- Craig, Maurice, Dublin 1660-1860, Allen Figis and Company Ltd., 1980. Curl, James, Stephens, Encyclopaedia of Architectural Terms, Donhead, Dorset, 1992. Daly, Mary A., Hearn, Mary, Pearson, Peter, Dublin’s Victorian Houses, A. and A. Farmer, Dublin, 1998. Pearson, Peter, Between the Mountains and The Sea, O’Brien Press
- Thom’s Directory and Almanac, 1850s- to present
Relevant Repositories There are a number of useful places to find out information on your protected structure, or area. However, the first rule of thumb is to look locally, talk to neighbours and find out what information is available at local level, before going further afield. There are many historical groups in the Dun Laoghaire Rathdown area that are very active, and produce informative publications and articles on various aspects of the County’s history. A back catalogue of such publications may prove useful in finding out important information. The Irish Architectural Archive maintains a database, 'Dictionary of Irish Architects 1720-1940' containing information on architects, builders and craftsmen working in Ireland during this period. It can be viewed on their webpage.
- Irish Architectural Archive www.iarc.ie The Registry of Deeds The Valuation Office of Ireland The National Archives The National Library of Ireland The Representative Church Body Library Dublin Archdiocesan Archive
- The Institute of Engineers of Ireland
Dublin City Archive
County Libraries