Historic Monuments

The Department of the Environment is to compile a schedule of historic monuments. Under the 1995 legislation, it was to include monuments designated under the previous 1971 Act and monuments which it later determines to be included under the newer legislation.

The Schedule of Monuments may be amended from time to time by the inclusion or removal of a monument. It may not include a dwelling house other than one occupied by a caretaker or his family.

Before the inclusion or removal of monuments, the Department is to consult the Historic Monuments Council. As soon as action is proposed, whether by addition or removal of a monument, the owner or occupier is to be given notice.

The Department is to publish a list of monuments included in the Schedule, in a single list or multiple lists.

Any person who executes or causes to be executed work resulting in the demolition, destruction, disturbance, or damage to a monument; removing it for repairs; or any flooding or tipping operations on land in or around the monument, is guilty of an offence unless he does so in accordance with a licence. Works must be executed in accordance with the terms and conditions of any licence.

Scheduled monument consent may be granted unconditionally or conditionally. There were limited defences to the offence. If works are urgently necessary in the interest of safety and health and are minimum to undertake immediately necessary work, a notice justifying the work is given as soon as possible to the Department.

A person convicted for a breach is liable on summary conviction to a fine up to the statutory maximum or on conviction on indictment to a fine.

The provisions below apply to an application for scheduled monument consent. The Department may grant a scheduled monument consent for works of any class or description specified. A direction may provide that it does not apply to particulars, monuments, or categories of monuments. The direction may be withdrawn. Generally, the consent is for a five-year period or a shorter period, as may be specified.

If it appears to the Department that works are urgently necessary for the protection of a scheduled monument, the Department may enter, by giving not less than 48 hours’ notice of intention to do so. Where persons are convicted in respect of damage, they may be ordered to pay the cost of reparation.

Persons authorized by the Department may enter land at reasonable times for the purpose of inspecting scheduled monuments and ascertaining their condition. They may enter and inspect in connection with a proposed application for consent. They may enter any land on which works to a scheduled monument consent are being carried out or have been carried out.

Where a person has an interest in part of the monument, incurs expenditure or loss in consequence of refusal of a scheduled monument consent, the Department is to pay compensation in respect thereof.

This applies to works reasonably necessary for carrying out development for which planning permission has been granted otherwise than by a general development order before the time the monument became a scheduled monument and which was still effective at the date of the application for scheduled monument consent; works that do not constitute development or development deemed granted by a general development order; or works that are reasonably necessary for the continuation of any use of the monument for a purpose for which it was in use before the application for the scheduled monument consent.

A person is not entitled to compensation if the works in question or any of them would or might result in the total or partial destruction of the monument. There are other substantive conditions and limitations on compensation.

Where compensation is paid and the Department subsequently grants consent for the execution of all or any of the works in respect of which it is paid, or a conditional consent is relaxed, then compensation paid may be recovered. The recovery of compensation may be a condition of the variation or grant of consent. The matter may be referred to the Lands Tribunal in the event of a dispute.

Where works affecting a scheduled monument were previously permissible and cease to be so authorized, compensation may be payable for wasted expenditure or other damage or loss.

If a person is aggrieved by action on the part of the Department, he may, within six weeks, make an application to the High Court. The High Court may, by interim order, suspend the operation of the council’s action, pending determination of the proceedings. If satisfied that the actions are outside the power of the council or any interests of the applicant have been substantially prejudiced by failure to comply with requirements, it may quash the same.

The Department may acquire historical monuments compulsorily or by agreement for the purpose of securing their protection.

Where the Department wishes to acquire the monument compulsorily, it may do so by vesting order. The general provisions of compulsory acquisition legislation apply.

The acquisition by a vesting order of land held by a statutory body with power to compulsorily acquire or which is declared ineligible shall not be acquired compulsorily unless the proposal has been approved by the Assembly. In assessing compensation for compulsory acquisition, it is assumed that scheduled monument consent would not be granted for anything that might result in the demolition, destruction, or removal of the monument.

The Department may accept the dedication of historical monuments by gift or will. They may defray the costs incurred by a person in making a gift to the Department.

The owner of a historical monument may, with the consent of the Department, appoint the Department by deed to be a guardian of the monument. Where the owner is not the occupier, he may not do so unless the occupier joins in the deed. Similarly, parties with any estate may be a party to the deed, as required or appropriate.

A guardianship deed binds every person deriving title from the person who executes it. Where the monument is the subject of a settlement and a person executing the deed is a person with a power of sale, the deed binds persons in accordance with the settlement, except estates, charges, and interests, with priority to the settlement and leases, easements, and rights predating the deed.