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.