Frequently Asked Questions (FAQs) | Dún Laoghaire-Rathdown County Council

How can I find out if the kinds of improvements or alterations which I want to undertake will or will not require planning permission?

http://www.dlrcoco.ie/sites/default/files/atoms/files/exemption_cert.pdfThere are two provisions under the Planning and Development Act which enable owners of Protected Structures to find out what works they can and cannot do without planning permission. These are:

Section 57 Declaration LINK to Section 57 application form

Dun Laoghaire Rathdown County Council can issue, on request from an owner/occupier, a Section 57 Declaration, which will clarify works which will or will not affect the character of the Protected Structure and consequently whether planning permission will be required. We advise that you have proposed works in mind when applying for a Section 57, the more detailed the information received regarding the proposed works the more specific and useful the Declaration will be.

Section 5 Declaration LINK To Section 5 Application Form Under a Section 5 Declaration it is possible to determine if certain developments are considered exempted development, and therefore not subject to planning permission. This Declaration can apply to both an unprotected and a protected structure. A fee of EURO 80.00 applies to this Declaration.

What parts of a protected structure must be preserved?

Protected Structure designation aims to preserve all parts of the structure, including its interior, all land around it, and any other structures on that land (including boundaries). The designation also applies to all fixtures and fittings forming part of the interior of a protected structure or of any structure on the land around it. External boundary walls, for example rubble stone, wrought and cast-iron railings are also included in the designation.

I have ideas for altering part of my Protected Structure. How do I know if I am considering the right approach?

Pre-planning consultation can be arranged to discuss proposals at design stage. Detailed information including drawings of your proposal should be submitted to preplanning@dlrcoco.ie for assessment prior to any feedback.

How do I know I own a Protected Structure?

If you are unsure if a building you own is protected or not, you can simply check the County Development Plan, which can be viewed in County Hall, Libraries, and on the Councils website. Sometimes, ambiguities in the address and name of the buildings can make it unclear whether a structure is included on the RPS. Where there is uncertainty you should contact the Conservation Officer.

I understand that planning permission will be required for what I want to do. What should I submit with my planning application?

All planning applications for works to a Protected Structure must include an Architectural Heritage Impact Assessment in accordance with Appendix B of the Architectural Heritage Protection Guidelines to assist in the assessment of proposals. This report should be prepared by an accredited conservation architect or equivalent (a list of suitably qualified professionals is available on the Irish Georgian Society and RIAI websites). The report should a) outline the significance of the building b) include a detailed survey of the building identifying all surviving original/early features and associated photographic survey c) include a method statement and specification of works and d) details of proposed works should be clearly identified on the accompanying drawings by way of colour coding and/or annotated notes to distinguish clearly between the existing structure and proposed works.

What is a Protected Structure?

Protected Structures are buildings, features and structures within Dun Laoghaire Rathdown that are protected because they meet one or more of the Categories of Special Interest set out in Section 51 (1) of the Planning & Development Act, 2000 and Section 2.5.4 of the DOEHLG Architectural Heritage Protection Guidelines. These categories are Architectural, Historical, Archaeological, Artistic, Cultural, Scientific, Technical and Social.

The list containing all the structures that are protected within Dun Laoghaire Rathdown is known as the Record of Protected Structures, or RPS for short. Prior to an Act in 1999 these buildings or features were known as Listed Buildings, but this title no longer applies. The RPS is a dynamic record to which structures continue to be added and sometimes deleted.

Where can I find qualified people to carry out works to my Protected Structure?

It is important to source an architect or building surveyor, who understands traditional buildings and who specialises in their repair and refurbishment. A number of organisations maintain a database of contractors with suitable expertise and these can be accessed through their websites. The Irish Georgian Society has a register of practitioners at www.igs.ie and The Royal Institute of Architects Ireland (RIAI) has a list of conservation accredited architects which can be found at www.riai.ie. The Construction Industry Federation has a register of specialist Heritage Contractors at www.cif.ie.

Below is a non-exclusive list, intended as a guide for owners and occupiers of historic buildings, of specialist contractors. Dun Laoghaire Rathdown County Council cannot be held accountable for contracts entered into. Before commissioning a contractor, always ask to see examples of their work and references.

Repair of Roofs

· Shay Hammond Leerway Ltd, Hills Hire Centre, Johnstown Road, Cabinteely,Dublin 18, Tel: 01 2840330

· Conor Duffy Joinery Contractor, Rock Road, Armagh, BT60 3NP
Tel: 048 37510740

· T.C Walsh & Son Ltd, 49 Arbour Hill, Dublin 7
Tel: 01 6793572

· Flemings of Dun Laoghaire, 19 Crosthwaite Park West, Dun Laoghaire
Tel: 01 2802289

· Ashbourne Roofing, Coolfore, Ashbourne, Co. Meath
Tel: 01 8354590

· Seamus Smith, Gelsha, Ballinalee, Co. Longford
Tel: 0877979342

· Eamon Toner, 6 Oliver Plunkett Square, Dun Laoghaire, Co. Dublin
Tel: 01 2806646 (m)0872776152

· Dartmouth Building Contractors, Dartmouth House, Clondalkin, Dublin 22
Tel: 01 4594011

Repair of Sash Windows

· K.W.R.S Ltd, Kells Windows, Sheeney, Kells, Co. Meath
Tel: 046 9241235

· Advance Joinery Services Ltd, Unit 5 IDA Industrial Estate, Ballymun, Dublin 11
Tel: 01 8625903/01 8625919 info@ajs.ie

· Callaghan Sash Windows, Brian Smith
Tel: 046 9023323 (m) 086 8365452 bryan@sash.ie www.sashwindowsirl.com

· Ventrolla (WJ Bolger), 18 Ardee Street, Dublin
Tel: 01 450377

· Ventrolla Ireland, Unit 10/11 Western Industrial Estate, Naas Road, Dublin 12
Tel: 1-800-948-359, info@ventrolla.ie, www.ventrolla.ie

· Historic Sash Windows Ltd, Richard Millea, 4 Ballygoran View, Celbridge, Co. Kildare,
Tel: 01 6270031

· Sash Window Solutions, Garr, Rhode, Co. Offaly,
Tel: 0872177663 sashwindowsolutions@gmail.com

· Ventrolla Sash Window Renovation Specialists Quality Carpentry, 45 Loreto Grange, Bray,Co. Wicklow Contact: Martin Mullaly
Tel: 01 2860630 qualitycarpentry@eircom.net www.ventrolla.ie

· Unit 4 Ballymount Avenue, Walkinstown, Dublin 12
Tel: 01 4605945 (m) 0872449881 www.conservationjoinery.com

· Philip Kennedy, Hill Street, Cloghan, County Offaly
Tel: 090 6457846

· Lambstongue Ltd, 88 Baggot Street Lower, Dublin 2
01 6629928 www.lambstongue.ie

Repair of Stained Glass

· Catherine Lamb, Stained Glass Artist, 69 Dame Street, Dublin 2
Tel: 0877747965

· Irish Stained Glass and Leaded Windows Company Ltd, The Studio, Treetops, Greenlands, Sandyford, Dublin 16
Tel: 01 2956167

· Art Glass Ireland, Skeoge Business Park, Derry City, BT48 8SE
Tel: 0044 74 96037073, M: 0861238982 www.artglassireland.com

· Aria Stained Glass, Cortoon, Claregalway, Co. Galway
Tel: 091 793366 (m) 0872375789

Repair of Steel Windows

· Acol, Merrywell, Drumcree, Co Meath
Tel: 01 8250171

· Window and Door Accessories Ltd, Richmond House, Coolock Industrial Estate, Dublin 17
Tel: 01 8670011

· J.H Projects (Jan Hermans), Monaghan
0871206057 jhprojects@eircom.net

· Lambstongue Ltd, 88 Baggot Street Lower, Dublin 2
Tel: 01 6629928 www.lambstongue.ie

Repair of Plasterwork

· Des O'Carroll, 7 Whitechurch Grove, Ballyboden, Dublin 16
Tel: 0876658494

· George O'Malley, 3 Ballywaltrim Business Park, Bray, Co. Wicklow
Tel: 01 2116706 (m) 0872597439

Repair of Ironwork

· Bushy Park Ironwork, Units 22-24 Greenhills Business Park,Tallaght, Dublin 24
Tel: 01 4622788

· Gerard Pulman Metal Working, Stewarts House, Columba's College, Whitechurch, Rathfarnham, Dublin 14
Tel: 01 4934571

Fireplace Restoration/Cast Iron/Marble

· Brian MacElvanney, Súgan Antiques, 97 Francis Street, Dublin 8
Tel: 082510597

· David Kelly (Marble), 12 Bromley Court, Francis Street, Dublin 8
Tel: 0879584280

How does a structure become a Protected Structure?

Any structure including those of local interest that meet one or more of the Categories of Special Interest in accordance with Section 51 (1) of the Planning & Development Act, 2000 and Section 2.5.4 of the DOEHLG Architectural Heritage Protection Guidelines may be considered for inclusion onto the Record of Protected Structures (RPS).

A planning authority may add (or delete) a structure from the RPS as appropriate:

a) in accordance with a review or variations of the County Development Plan as set out in Section 12 of the Planning and Development Act 2000 or

b) at any other time by following prescribed procedures laid out under Section 55.
The making of an addition (or deletion) is a function that is a matter for the elected representatives.

Any person who wishes a structure be added to or deleted from the Record of Protected Structures may apply to the Conservation Division for consideration. Supplementary information should accompany the address of the building, such as maps, photographs, and any known historical information.

A notification process also forms part of the formal procedure to add a structure onto the Record of Protected Structures. This involves notifying the owners/occupiers of the structure, along with certain interested bodies of the proposal and also the public by means of a newspaper advertisement. The owner/occupier of the structure and any member of the public are entitled to make comments on the proposal to the authority. These comments are taken into account before the planning authority’s elected members decide whether or not the structure should become a protected structure.

What obligations fall on owners of Protected Structures?

Owners or occupiers of Protected Structures are legally required to make sure that the structure does not become endangered through neglect, decay, damage or harm. Generally, if a structure is kept in habitable condition and regular maintenance is carried out (cleaning out gutters, repairing missing slates, repainting external timberwork, etc.), it should not become endangered.

If a protected structure is endangered, the planning authority can serve a notice on the owner or occupier, requiring them to carry out any work that it considers necessary to protect the structure.

Under the provisions of the Planning and Development Act 2000, there are penalties for owners or occupiers of Protected Structures who endanger the structure or who fail to carry out work that has been ordered by the planning authority. It should be noted that the lack of general maintenance and a poor cosmetic appearance do not constitute ‘endangerment’ of a Protected Structure. The Planning and Development Act 2000 defines endangerment as ‘exposed to harm, decay, or damage, whether immediately or over a period of time, through neglect or through direct or indirect means’.

What are my obligations in terms of the planning process?

Under the planning system, many minor works to structures do not normally require planning permission. These works are known as exempted development. However, for a Protected Structure, such works can be carried out without planning permission only if the works would not affect the character of the structure or any element of the structure that contributes to its special interest.

Is there an obligation to Prevent Endangerment of a Protected Structure?

Yes, owners or occupiers of Protected Structures are legally required to make sure that the structure does not become endangered through neglect, decay, damage or harm. Generally, if a structure is kept in habitable condition and regular maintenance is carried out it should not become endangered.

If a Protected Structure is endangered, the planning authority can serve a notice on the owner or occupier, requiring them to carry out any work that it considers necessary to protect the structure.

How can I find out if the kinds of improvements or alterations which I want to undertake will or will not require planning permission?

In the Planning and Development Act, 2000, there are two provisions, which enable owners of protected structures to find out what works they can and cannot do without planning permission. These are:

Section 57 Declaration LINK to Section 57 application form

Dun Laoghaire Rathdown County Council can issue, on request from an owner/occupier, a Section 57 Declaration, which will clarify works which will or will not affect the character of the protected structure and consequently whether planning permission will be required. It is important that when returning the application that it is accompanied by an Ordnance Survey Map outlining in red the extent of the site and grounds of the structure. The Section 57 Declaration is a free service and involves a site visit assessment by the Conservation Officer prior to issuing of the Declaration. The more detailed the information we receive regarding your intentions or ideas the better, the more detailed and specific the Declaration will be. Therefore we advise that you have worked out what it is you want to do before sumbitting your application.

Section 5 Declaration LINK To Section 5 Application Form

Under a Section 5 Declaration it is possible to determine if certain developments are considered exempted development, and therefore not subject to planning permission. This Declaration can apply to both an un-protected and a protected structure. A fee of EURO 80.00 applies to this Declaration.

Where can I find out more information about my Protected Structure?

Dun Laoghaire Rathdown County Council does not hold any historical information on each Protected Structure. It is advised to undertake a review of historical information and documentation contained within local libraries, the Irish Architectural Archive, The Registry of Deeds, The Valuation Office of Ireland, The National Archives, The National Library of Ireland, and The Representative Church Body Library Dublin Archdiocesan Archive etc

I have ideas for altering part of my protected structure. How do I know if I am considering the right approach?

Pre-planning meetings can be arranged to discuss proposals at design stage. For this, we request that a set of drawings of your proposal to be submitted to the Conservation Division prior to meeting with you or your architect, which indicate the proposed changes. You should also allow for up to three weeks for an appointment date.

Where can I find qualified people to carry out works to my Protected Structure?

It is important to source an architect or building surveyor, who understands traditional buildings and who specialises in their repair and refurbishment, we would recommend that they have a conservation accredition. A number of organisations maintain a database of contractors with suitable expertise and these can be accessed through their websites. The Irish Georgian Society has a register of practitioners at www.igs.ie and The Royal Institute of Architects Ireland (RIAI) has a list of conservation accredited architects which can be found at www.riai.ie. The Construction Industry Federation has a register of specialist Heritage Contractors at www.cif.ie.