The protection of the architectural heritage is primarily a matter for the planning authorities. My role is to provide advice to planning authorities in the exercise of their functions. This is enshrined in the recently enacted Local Government (Planning and Development) Act, 1999.
Under the provisions of the Act, each planning authority shall, for the purpose of protecting structures, or parts of structures, which are of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, include in its development plan a record of protected structures within its functional area. This legislation places a duty of care on the owners of protected structures and also gives planning authorities enhanced powers, not only to deal with development proposals affecting them, but also to safeguard their future. I believe this to be the proper framework for the protection of our architectural heritage.
Under section 4 of the Act, I may recommend to a planning authority that specific structures be included in its record of protected structures. A planning authority must have regard, under the Act, to any recommendation made by me. However, it is open to the planning authority to decide not to comply with a recommendation, provided that an explanation is made outlining the reasons why inclusion in the record of protected structures is considered inappropriate.
The Local Government (Planning and Development) Act, 1999, came into effect on 1 January 2000. Implementation procedures are gradually taking shape as the local planning authorities get to grips with wide ranging new responsibilities. While ultimately a review of the legislation is a matter for the Minister for the Environment and Local Government, my Department is monitoring the operation of these new measures. It would be premature to consider amending this legislation, pending further experience of its operation, in my view.
