Special Protections

The department is obliged to compile a list of buildings with special archaeological and historical interest. It may be changed from time to time.

In considering whether to include a building in the list, the department may take into account not only the building itself but also how its exterior contributes to the architectural or historical interest of any group of buildings of which it forms a part and the desirability of preserving any feature of the building consisting of a man-made object or structure fixed to the building.

Before making or amending the list, the department is to consult with the council and the historic buildings council.The list, once compiled or amended, is to be deposited for inspection. Notice is to be served on every owner or occupier of a listed building concerned.

The lists are available for inspection by the public at all reasonable hours.

A building preservation notice may be served on a building that is not listed but is of special architectural or historic interest and is in danger of demolition or alteration in a way that may affect its character. The notice comes into force as soon as served. It lasts until included in the list or until the department notifies that it is not to be so included. While a building preservation notice is in effect, the premises must be treated like a listed building.

If the department does not intend to include the building on the list, the owner and council must be informed immediately.

There is provision for temporary building preservation notices in cases of urgency which may be affixed to the premises; subject to being included in the list, the building preservation notice lasts for six months. The notice lasts for six months or until service of a notification from the department.

It is possible to apply for a certificate if the building is not intended to be listed, and in that event, the council may not list it as a building preserved for five years or issue a building preservation notice in relation to it.

Works for demolition of a listed building or alteration or extension in a manner that would affect its character as a building of special or historic interest may only be undertaken with the written consent from the department. This is a listed building consent. It is an offense prosecutable summarily (six months) or fined to 100,000 euros/pounds or on indictment, two years or an unlimited fine or both, in both cases.

An application for listed building consent is made to the council in much the same manner as planning permission. A statement of the design principles and concepts applies to work, and a building access statement must be furnished.

Regulations prescribe the publicity where the application timescales required consultations and requirements for the council or department to notify certain persons and take account of their views.

The department may call in certain listed building consents which should otherwise be dealt with by the council. General directions or specific directions may be made.

The department may cause a public inquiry to be held by an appointed person or planning appeals commission in relation to a listed building consent application. Where a public inquiry is not held, the department must serve a notice indicating the proposed decision, giving the council an opportunity to be heard in relation to the matter by an appointed person or the planning appeals commission.

Listed building consent applications may be refused, granted, or granted subject to conditions. In considering whether to grant planning permission for development affecting a listed building, the department must have a special regard to the desirability of preserving the building or setting in any features of special architectural or historic interest it possesses.

Conditions in relation to a planning permission affecting a listed building may include provisions and conditions relating to preservation of features, making good damage caused by building works, and reconstruction of any part while the execution of its work, including the use of original materials. They may extend to matters affecting the interiors.

There are provisions whereby the council may decline consecutive overlapping applications for listed building consent, substantially similar to those applying for planning permission.

If a listed building consent lasts for five years or such a shorter period as may be specified.

An application may be made to convey the conditions of a listed building consent. Upon such an application, the conditions may be varied.

Where a listed building consent application or an application to vary a listed building consent condition is refused or granted subject to conditions, the applicant may appeal to the planning appeals commission.

The notice of appeal must be served within four months. The planning appeals commission may dismiss or uphold the appeal or vary conditions. It may deal with the application as if it is an original application. Each of the applicant and council must be afforded the opportunity to be heard by the commission.

The council may revoke or modify a listed building consent having regard to the local development plan or other material considerations. This must be done only before works are completed. But must not affect completed works.

Generally, modifications or revocations must be confirmed by the department. Notices must be served on the owner or occupier giving an opportunity to appeal to the planning appeals commission.

Where the owner or occupier and all persons who, in the council’s opinion, will be affected have not objected, then instead of submitting the order to the department for confirmation, the council must advertise the fact of making the order giving an opportunity for persons affected to give notice to the department requiring a hearing by the planning appeals commission. If they do not do so during this period, the order takes effect as if confirmed by the department.

There is a procedure for the modification of a listed building consent by the department parallel to the procedure in respect of listed building consents issued by the councils.

It is an offense to do anything that is likely to damage a listed building. There is an exception for works authorized by planning commission or listed building consent. The defense may be prosecuted summarily or on indictment.

Areas of Special Architectural or Historic Interest:

A council may designate areas of special architectural or historic interest within its district, the character or periods of which it is desirable to preserve or enhance. The department may also designate conservation areas which are not designated as such by the council. It must consult with the council in advance.

Before making or varying a designation, the department or the council must consult with the historic building’s council and such other persons as may be prescribed.

The council or department must give notice of the designation to each other. It must be published in the newspaper circulating in the area. A building in a conservation area may not be demolished without the consent of the department or the council as appropriate. The department may give a direction disapplying this requirement.

The department may make grants or loans for the purpose of defraying expenditure incurred in connection with the promotion or preservation of the character or appearance of buildings in a conservation area.

Hazardous Substances:

A hazardous substance consent is required from the council to keep hazardous substances in or over the land. There is an exemption in respect of quantities less than a specified amount.

The temporary presence of a hazardous substance in transportation is exempted subject to certain conditions. The department specifies by regulations what are hazardous substances and the controlled quality of any such substance, regulations may specify that consent is only required in relation to particular types of land or presence of hazardous substances in particular circumstances.

The provisions in relation to other planning consents apply in broad terms in respect of the hazardous substance consent application subject to following the procedures in respect of the application. The council may grant the consent conditionally or subject to such conditions as it sees fit or refuse their consent. It must have regard to the use of land in the vicinity, planning commissions in the vicinity, the local development plan, and the advice of the health and safety executive.

Consents may be modified or revoked or called in by the department in much the same manner as listed building consents and planning permissions. There is an appeal against the refusal or grants subject to conditions to the planning appeals commission.

It is an offense to allow the presence of hazardous substances other than those qualifying for exemption, other than in accordance with the hazardous substance consents. It is subject to prosecution on summary conviction and a fine up to 100,000 pounds and on conviction on indictment to an unlimited fine.

It is the duty of the council or the department to ensure that in granting planning permission adequate provision is made for the imposition of conditions for the preservation of trees. The council may make tree preservation orders. The orders may be made where it is expedient in the interest of amenity to make provision for the preservation of trees and woodlands in its district.

A tree preservation order may prohibit cutting down topping, uprooting, damage, or destruction of trees without the council’s consent. It may require conditions for securing replanting in such a manner as might be specified any part of a woodland area which has failed in the course of a forestry operation permitted under the order.

A tree preservation order must be confirmed by the council. The department may make regulations regarding the form of tree preservation orders and the procedure in connection with their being made. The department also has powers to make tree preservation orders.

If the subject of a tree preservation order is removed, destroyed, or uprooted in contravention of the order, it is the duty of the landowner to replace it with another tree of appropriate size and species at the same place as soon as the owner can reasonably do so. Certain exceptions apply. The owner may apply to the council to dispense with the requirement.

In the case of trees in the woodland, it is sufficient to replace the trees removed on any of the land which they were removed on such other place as may be agreed or designated by the council.

The contravention of a tree preservation order is an offense subject to prosecution on summary conviction for a fine of up to 100,000 pounds and on conviction on indictment to an unlimited fine.

It is an offense to contravene anything prohibited by a tree preservation order.

Advertisements:

The display of advertisements is conferred by regulations insofar as the department considers expedient in the interest of public amenity or safety.

Regulations may specify the dimensions, appearance, position, sites in which advertisements may be displayed and the manner in which they may be affixed to the land. Requirements may be made for the council’s consent for obtaining displaying advertisements.

Regulations may prohibit the display of advertisements in areas of special control except or may prohibit or permit certain limited classes of advertisement. Where an advertisement consent is given, planning permission is not required for the same.