Kilkenny County Council
Conservation
Planning Conservation
Conservation Office
Contact: Conservation Officer, Planning Section
Location: County Hall, John St, Kilkenny
Telephone: 056-7794010
Email: planning@kilkennycoco.ie
Records of Protected Structures (RPS) in Kilkenny
The updating of the RPS is a function of the Conservation Officer. The Record for both Kilkenny City and Environs and the County of Kilkenny may be amended by the addition or deletion of entries to or from the RPS. Please click on the links below for complete listings of the RPS in the relevant area.
Record of Protected Structures Kilkenny City & Environs
Record of Protected Structures County Kilkenny
Proposed Additions and Deletion to RPS
In accordance with Section 54 and the procedures outlined in Section 55 of the Planning and Development Acts, 2000 - 2007, Kilkenny County Council proposes to make additions and deletions to the Record of Protected Structures for County Kilkenny.
Particulars of the proposed additions and deletion may be inspected at the Planning Office, Kilkenny County Council, County Hall, John Street, Kilkenny and at the Castlecomer, Thomastown, Callan and Newrath Area Offices for a six week period from the 11th September 2009 to the 23rd October 2009, inclusive, during office hours 9am to 1pm and 2pm to 4pm, Monday to Friday (excluding public holidays) and on this website.
During this period any person may make a written submission or observation in writing to the Planning Authority, County Hall, John Street, Kilkenny or by email to aine.doyle@kilkennycoco.ie, with respect to the proposed additions to the Record of Protected Structures and such observations will be taken into consideration before the making of these additions.
John McCormack,
Director of Services
Advice Series from The Department of Environment, Heritage and Local Government
The following downloads contain information on the maintenance and restoration of older/historic buildings:
Maintenance - a guide to the care of older buildings (2007)
Windows - a guide to the repair of historic windows (2007)
Iron - the repair of wrought and cast ironwork (2009)
Bricks - a guide to the repair of historic brickwork (2009)
National Inventory of Architectural Heritage (NIAH)
The NIAH a unit of the Department of Environment, Heritage and Local Government has completed the survey for County Kilkenny and descriptions and appraisals of over 2000 structures can be viewed on the NIAH website. The County Council uses this survey when assessing and revising the RPS. More info: Buildings of Ireland, the website of the NIAH
Local Authority Grant Scheme For The Conservation Of Protected Structures 2009
NB - Applications closed for this year - 2009
The Councils of the County & City of Kilkenny have finished accepting applications for the Conservation Grant Scheme 2009 within Kilkenny City And County. The scheme is promoted by the Department of the Environment, Heritage and Local Government and is administered by Kilkenny County Council. The objective of the scheme is to assist the owner or occupier of a structure which is protected (on the RPS, see below) because of its architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest to undertake conservation works on such a structure. Under the scheme, a wide range of conservation works will be eligible for grants, generally amounting to 50% of the cost of works up to a maximum of €13,000. Works consisting of routine maintenance or improvements will not qualify.
Explanatory memorandum and Application-form.pdf in relation to this grant scheme are available from:
The Planning Section, Kilkenny County Council, County Hall, John Street, Kilkenny, Tel. 056-7794010
The closing date for receipt of completed applications was Friday the 20th of February 2009.
It is intended that this grant scheme will be run again in 2010.
Department of Environment Grant Schemes
Civic Structures Conservation Grant 2009
NB - Applications closed for this year - 2009 since Friday the 27th of February
The scheme will provide grants for the restoration and conservation of the architectural heritage in respect of buildings, which are in civic ownership or occupation and generally open to the public, and are considered to be of considerable architectural merit. The maximum grant available in 2009 is €40,000. In general, applications are invited from local authorities, civic trusts and other not for profit organisations. It should be noted that buildings in use for public administration purposes or which are in private ownership are not eligible for grant-aid. The approved work must be completed and claimed for by Friday 6th
November 2009.
Please click on the links below and read the documents carefully before completing the application form.
Civic Structures Conservation Grant 2009 Cover Letter
Civic Structures Conservation Grant 2009 Circular Letter
Civic Structures Conservation Grant 2009 Application Form
Please note that the closing date for receipt of applications for this grant was 4pm Friday the 27th of February 2009
Finally, please note that works should not be undertaken without written confirmation of a grant from the Department. For any further information, please contact Catherine Delaney on 053 918 5049 (Catherine.Delaney@environ.ie) or
Seamus Hadrill,
Heritage Policy and Architectural Protection Section,
Department of the Environment, Heritage & Local Government,
1 Ardcavan Business Park,
Wexford
Tel: 053 918 5037
Email: Seamus.Hadrill@environ.ie
Thatching Grants
A grant of two thirds of the approved cost, up to a maximum of €3,810, is available towards the cost of renovating thatched roofs of owner occupied houses. A higher level of assistance of up to €5,714 is available for houses on specified offshore islands. Householders with a medical card may be eligible for thatching grants up to a maximum of €6,350 (or €8,253 in the case of houses on the offshore islands). In such cases the grant may cover up to 80% of the approved cost of works subject to the maximum grant. For conditions of eligibility and an application form please click the following documents:
Grant Scheme: Heritage Council REPS 4 Traditional Farm Buildings
The closing date for receipt of applications is 5pm Friday the 3rd of April 2009
The 2009 Reps 4 Traditional Farm Buildings Grant Scheme is accepting applications. Please follow the links to PDFs of the application form and booklet (versions in Irish also available if you require them). More information on The Heritage Council's Website.
The grant is available for the conservation of the external appearance of farm outbuildings, including roof, wall, window and door repairs. Conservation works to associated structures such as historic yard surfaces, walls, gate pillars and gates will be considered if they are part of the overall project to repair an outbuilding. This grant scheme does not cover works to the interior of buildings. Farmhouses, residential or domestic buildings are not eligible for funding. A farmer who already has a REPS 4 contract with the Department of Agriculture may apply for this grant, if no REPS 4 contract already exists, the owner of the building for which funding is sought, or any other person (who has the owner's permission to apply) may apply. The building applied for must currently be in agricultural use.
The process is competitive and a grant award will not be for more than 75% of the cost of the works with a maximum grant of €25,000. Applications made by fax or email to the Heritage Council will not be accepted. The Heritage Council will inform all applicants of the outcome of their application in writing in mid-June 2009. Successful applicants will have until 30th June 2010 to complete project works. If you have any queries regarding the scheme please contact Anna Meenan using the details below.
The closing date for receipt of applications is 5pm Friday the 3rd of April 2009.
Completed Application forms were to be returned to the Heritage Council at the following address:
Anna Meenan, Project Manager, REPS 4 Traditional Farm Buildings Grants Scheme, The Heritage Council, Church Lane, Kilkenny, Tel: 056 7770777, email ameenan@heritagecouncil.ie
Frequently Asked Questions Relating to Protected Structures:
Why protect our architectural heritage?
Our architectural heritage is a unique and exceptional resource. Structures and places that have acquired character and special interest over time have cultural significance in a changing world. All of their parts have been tested by our climate, and those that have survived the process of decay, and the depredations of their users, have acquired economic, environmental and aesthetic value. If we enjoy the fruits of this inheritance, we have a duty to ensure that it is conserved, sympathetically reused, and passed on to our successors with its value intact.
Our architectural heritage consists not only of great artistic achievements, but also the everyday works of craftsmanship of the past. The creative challenge faced by custodians of this heritage is to find appropriate ways to prolong its cultural life, satisfying the requirements of a structure to be safe, stable and durable on the one hand, and retaining its character and fabric of special interest the other.
What is a protected structure?
A protected structure is a structure that a planning authority considers to be of special interest from an architectural, historical, archaeological, artistic, cultural, scientific, social, or technical point of view. Every planning authority is obliged to have a Record of Protected Structures (RPS) that includes all structures of special interest in its functional area and into which details of protected structures are entered. The RPS forms part of the Development Plan.
The legislation to introduce the concept of protected structures was the Local Government (Planning and Development) Act, 1999, replacing the previous system for protecting and preserving structures by listing them in development plans. All the Local Government (Planning and Development) Acts from 1963 to 1999 have now been consolidated in the Planning and Development Act 2000. Part IV of 2000 Act deals with Architectural Heritage and incorporates the provisions of the Local Government (Planning and Development) Act, 1999
How does a building become a protected structure?
As stated above, structures that are of special interest from an architectural, historical, archaeological, artistic, cultural, scientific, social, or technical point of view are proposed for inclusion in the RPS. Anyone can recommend a building for protection, but the decision to include structures in the RPS can only be made by the elected members of the planning authority. The planning authority must notify the owners and occupiers of the proposed protected structure, the Minister for Environment and Local Government, and other bodies of the proposal. Particulars of additions are put on public display for at least 6 weeks. During which time anyone, including the owner or occupier, is entitled to make comments on such a proposal to the planning authority. The authority is obliged to take these comments into consideration before its elected members decide, within 12 weeks of end of display period, whether or not the structure should be entered onto the RPS. Within two weeks of its decision, the planning authority must notify the owner and occupier of the structure of that decision.
While a structure is a proposed protected structure it has the same protection as a protected structure with regard to the duties and responsibilities of the owners and occupiers.
What obligations fall on owners and occupiers to ensure the protection of a protected structure?
Each owner and occupier must ensure that neither a protected structure, nor any element of a protected structure that contributes to its special interest, is endangered through harm, decay or damage, whether over a short or long period, through neglect, through direct or indirect means. This duty is the same for owners and occupiers of proposed protected structures. In general, if a structure is maintained in a habitable condition and routine maintenance carried out (e.g. cleaning out gutters, repair of slipped slates), then it should not become endangered.
The protection applies to all parts of the structure that contribute to its character and special interest, including its interior, surrounding land or 'curtilage', and any other structures on that land, and their interiors, and all fixtures and features of these structures.
Do special procedures apply to protected structures under the planning system? How does an owner or occupier know which works require planning permission?
Protected Structure status does not preclude development or alteration. However it does require the owner or occupier to consult with the planning authority, either through pre-application discussions, planning application process or declaration, to ensure that elements that make the structure significant are not lost during development.
If works are proposed to a Protected Structure a planning application is made in the usual way. However, there are some additional requirements. Because it is necessary for an application to show how a proposed development would affect the character of the structure, the application may need to be more detailed than an ordinary application and include extra drawings, photographs and other material to explain the proposals. Please refer to Architectural Heritage Protection Guidelines (see below for link) for more information about the additional documentation required when submitting a planning application for a protected structure.
Certain works that are normally considered exempted development may require planning permission when taking place on a protected structure, if those works would affect the character of the structure or any element of the structure that contributes to its special interest. An owner or occupier of a protected structure may ask the planning authority for a declaration indicating the types of works that could be carried out without materially affecting the character of the structure. These works would not require planning permission. Generally, in a declaration maintenance works carried out in accordance with the Department of the Environment Conservation Guidelines would be deemed not to materially affect the character of the structure and, therefore, would not require planning permission.
A planning authority will, in general, issue such a declaration within three months of receiving a request. There is no fee for this service.
Are there any measures in place to assist owners and occupiers to preserve a protected structure?
Yes. A conservation grant scheme is operated by planning authorities, to assist the owner or occupier of a protected structure to undertake necessary works to secure its building fabric. Each planning authority will have a Scheme of Priorities to assist them in assessing applications.
The standard grant is 50% of the approved cost of works, up to a maximum of €13,000. A planning authority may recommend, in exceptional circumstances, a grant of 75% of the approved cost of works, up to €25,000.
Full details of the Conservation Grant Scheme are available from your planning authority.
Do planning authorities have special powers in relation to protected structures?
Yes. The planning authority now has greater powers under the Planning and Development Act 2000 to ensure the protection of structures listed in the RPS. However, these powers are generally only used in exceptional circumstances when all other avenues have failed.
A planning authority may require an owner or an occupier of a protected structure to carry out works if it considers that the structure is, or may become, endangered. The planning authority will specify the works it considers necessary.
The planning authority also has the power to carry out the works itself and recover its expenses from the owner or occupier. In exceptional circumstances a planning authority may acquire, by agreement or compulsorily, a protected structure if it considers that this is necessary to secure the protection of the structure.
Where a planning authority requires works to be carried out to prevent a protected structure from becoming or continuing to be endangered, the owner or occupier concerned may be eligible for grant assistance as described above.
There is provision in the 2000 Act to impose a substantial fine and/or prison term for those found guilty of damaging a protected structure.
For more information contact:
Kilkenny Local Authority's Conservation Officer:
County Hall,
John Street,
Kilkenny.
Tel 056-7794010
Useful Publications
Architectural Heritage Protection - Guidelines for Planning Authorities: Department of the Environment, Heritage & Local Government
Advice Series from The Department of Environment, Heritage and Local Government
(Information on the maintenance and restoration of older/historic buildings - see top of this page for links)
Traditional Building & Conservation Skills Register of Practitioners, Irish Georgian Society
Section 57 Declarations - A General Guide
A declaration for a Protected Structure sets out which categories of works require planning permission and which do not. It cannot give exemptions over and above those which would normally apply if the building were not a protected structure. Change of use of a structure will always require planning permission, for example, irrespective of whether the structure is a protected structure or not.
Protected structure status does not mean that a building or its features are 'preserved' and cannot ever be altered, only that such alterations may require planning permission.
What is being protected is the 'character' of the structure. Certain repair or reinstatement works may be exempt if carried out to an approved standard in a way which does not alter the character. These standards are described in outline in the Department of Environment, Heritage and Local Government Conservation Guidelines.
Usually, the following types of work require planning permission
(Depending on individual circumstances)
1. Extensions
The building of any extension attached to a protected structure requires planning permission.
2. Changes to the exterior appearance
Works which alter the exterior appearance of the building. These could involve the following:
Walls: repointing, refacing in an applied layer of masonry, brick, wood, plaster or paint, cleaning, damp-proofing, to any wall surface, front, sides or back
Roof: replacement of existing covering materials or rainwater goods, removal of chimneys or chimney pots, alteration of coping stones, gable or eaves parapets.
Openings: replacement of windows, painting or repair of windows, painting of windowsills, replacement of doors, renovation of fanlights, replacement of letterboxes or door ironmongery.
3. Changes to internal layout
Insertion of any fixed partitions, breaking out of new openings between rooms or spaces, insertion of new doors openings, formation of ramps and the provision of universal access.
4. Changes to the internal surfaces, finishes or linings
Replacement of internal joinery items (such as windows, doors, skirting boards, dado rails, panelling), replacement of integral floor coverings or structures, any works to plasterwork ceilings including work affecting cornices.
5. Installation or repair of internal mechanical services
Rewiring, re-plumbing, insertion of fire detection or security systems, equipment or fixtures, fixing of panelling, removal of fireplaces.
Works that would not usually require planning permission
In most cases, the following works do not require planning permission, unless stated otherwise in a particular declaration:
Redecoration:
Painting or wallpapering
Routine maintenance:
Modest repairs to keep a building weather-tight, securing of existing elements of windows (but not replacement), the clearing of gutters and downpipes, gardening activities which do not disturb the sub-soil.
If you are uncertain whether works being considered require permission, please contact the
Council 's Conservation Officer
056-7794010
