PD Bill to close planning loopholes

NEW legislation to close loopholes in the Planning Acts and give much greater statutory protection to Ireland's architectural…

NEW legislation to close loopholes in the Planning Acts and give much greater statutory protection to Ireland's architectural heritage was published last week by the Progressive Democrats.

Ms Mairin Quill TD, the party's environment spokeswoman, said her Private Members' Bill "represents a comprehensive response to the astonishing lack of firm legislation in the area of preservation and conservation". She explained that the Bill would place a mandatory duty on local authorities to draw up a comprehensive list of all elements of the built heritage in their areas. (Under existing legislation, this is a discretionary power.)

The county councils and other planning authorities would also be obliged to designate conservation areas and draw up plans for their preservation and enhancement. It would also place conservation areas on a statutory footing.

Planning permission would be required to demolish an unlisted building within a conservation area and also for any work on the interiors of listed buildings at present, such works are exempt from planning control, other than for houses.

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The PD Bill would also require the developer of an "element of built heritage" such as a listed building to satisfy the planning authority that the scheme being proposed would constitute an environmental improvement". It places a general duty on owners to prevent buildings of "artistic, architectural, cultural or historic interest" from becoming endangered. But it would give them the benefit of tax reliefs for repairs and restoration.

Planning authorities would have the power to serve notice on owners who fail to keep listed buildings in good repair. They would also be empowered to carry out these works themselves, recouping the costs involved from the owner.

As a further deterrent to property owners deliberately allowing listed buildings to become derelict as a prelude to redevelopment, local authorities would have powers of compulsory purchase at their existing use value.

Ms Quill appealed to the Government to support the Bill.

Frank McDonald

Frank McDonald

Frank McDonald, a contributor to The Irish Times, is the newspaper's former environment editor