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Dáil Éireann debate -
Wednesday, 29 Jan 2003

Vol. 560 No. 1

Written Answers. - Architectural Heritage.

Denis Naughten

Question:

889 Mr. Naughten asked the Minister for the Environment and Local Government his plans to reform the grant scheme for refurbishment of listed houses before such houses are closed up, in view of the low level of grants available for refurbishment works on listed homes and the fact that many families cannot afford to carry out such works; and if he will make a statement on the matter. [1155/03]

Michael Ring

Question:

934 Mr. Ring asked the Minister for the Environment and Local Government his views on whether the obligations placed on owners of protected structures may have caused unacceptable financial hardship, in view of the very broad statutory definition of works quoted in the Planning Act, 2000; and his further views on whether these provisions are unfair and unjust. [1749/03]

Michael Ring

Question:

935 Mr. Ring asked the Minister for the Environment and Local Government if he will recommend that local authorities remove all planning charges and levies from planning applications in respect of protected structures under the Planning Act, 2000; if he will give income tax relief on the money spent in such protection, care and restoration of the buildings and houses; and if he will make a statement on the matter. [1750/03]

Michael Ring

Question:

936 Mr. Ring asked the Minister for the Environment and Local Government the reason the Planning Act, 2000, does not include arbitration or any other such process to ensure that the interests of both sides, with regard to protected structures, are served in a fair and reasonable manner; and if he will make a statement on the matter. [1751/03]

I propose to answer Questions Nos. 889 and 934 to 936, inclusive, together.

Part IV of the Planning and Development Act 2000 sets out new and important powers for the protection of Ireland's architectural heritage through the planning code. Where a structure is of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, it may be listed by the local authority in the record of protected structures and comprehensive protections then apply to those structures. The Act however seeks to balance the rights of owners and occupiers of these structures with the overall obligation to protect and conserve the nation's heritage.

While the Act does impose a duty of care on owners and occupiers of protected structures to ensure structures are not endangered, the owner or occupier of a protected structure has the right to seek a declaration from the local authority, to determine the works which may be done to a protected structure without the necessity to seek planning permission. The local authority declaration can be appealed to An Bord Pleanála. No fee is payable for a declaration.

The declaration procedure is intended inter alia to ensure that the protections imposed in the Act are not unduly burdensome on owners and occupiers of protected structures who wish to do minor works which will not affect the character of the structure. It can also permit the owner or occupier to discuss proposed works with the authority to ensure that no misunderstandings can arise later.

A conservation grants scheme was introduced in 1999 with the new legislation to assist owners and occupiers of protected structures to undertake necessary works to secure their conservation. The standard grant is 50% of the approved cost of works subject to a maximum of €13,000. A local authority may, at its discretion, vary this amount downwards, or in exceptional circumstances upwards, subject to a maximum allowable grant of 75% of the cost of the approved cost of works or €25,000 whichever is the lesser. A total of €2.88 million has been provided for the scheme in 2003 and allocations to local authorities will be announced shortly.

In addition to the protected structures scheme, funding is also made available under the Regional Operational Programmes 2000-2006. This is a scheme of EU co-financed grants for the conservation of the architectural heritage. It provides support for local authorities, civic trust and other not-for-profit bodies to upgrade buildings of significant architectural and heritage merit and which are in public ownership or open to the public generally. Almost €500,000 was spent under the programme in 2002. I will be allocating further funding under this programme in 2003 following evaluation of the grant applications currently before my Department. In all around 100 applications were received by the closing date for this year on 17 January last.
A tax incentive scheme is in operation for buildings of architectural merit which are open to the public for a certain number of days this year. The introduction of new tax reliefs is of course the responsibility of my colleague the Minister for Finance.
My Department will continue to monitor the system closely and will review the grants system if it seems appropriate to do so, particularly in light of the recent incorporation of Dúchas, the Heritage Service, into my Department.
I do not feel that the current fees payable for applications for planning permission in relation to protected structures are unduly burdensome. The fee payable for any works to a house, for example, is €34.
As regards the application of planning levies, it is also a longstanding principle of planning law that developers who benefit from the provision of infrastructure by the local authority should be required to contribute towards the capital cost of that infrastructure. I have no current proposals to exclude developments to protected structures from the requirement to pay fees or development contributions.
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