Restoration rules versus property owners' rights

Madam, - In the two articles by Frank McDonald on the restoration of Mr Dermot Desmond's property at 71 Merrion Square (Property…

Madam, - In the two articles by Frank McDonald on the restoration of Mr Dermot Desmond's property at 71 Merrion Square (Property, April 10th) the only contribution which shed any significant insight into this unseemly planning dispute came from Mr Desmond. He is quoted as insisting that "the desire of conservationists to have perfect museum pieces caught in one period of time must be weighed against the right of a property's owner to have full use and enjoyment of something that belongs to them".

As an architect who restored the neo-classical Town Hall Theatre in Galway and in so doing converted it from a dilapidated cinema to a modern theatre, I would like to express my support for Mr Desmond's view. This theatre was renovated prior to the advisory role of the Heritage Council and the highly restrictive "listing process" of older buildings were given a statutory function. It is my belief that the restoration could not have proceeded successfully if the statutory role of the Heritage Council had been adopted at that time.

Far from facilitating the restoration of old buildings, the new statutory consultation process has imposed stringent and restrictive conservation standards which take precedent over any new functional requirements, are imposed without any consideration of client cost and place an ill-defined "public welfare" above the expressed rights of the individuals involved.

These new policies are largely carried out by newly appointed "heritage officers" with a zeal reminiscent of the moral police in some Arab states and with just as little regard for individual rights. Mr Desmond is just another high-profile victim of these policies.

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Even at this late stage, I feel the whole role of the heritage and conservation function in the planning process should be urgently reviewed. There is a real need for greater clarity in the decision-making procedure for the grading of listed buildings, the introduction of a cost benefit analysis to justify the conservation exercise and the acknowledgement of individuals' rights to modify their property within much more flexible procedures.

May I congratulate Mr Desmond on his remarkable commitment and strength of character in the face of sneering indifference of the "saviours" of our supposed heritage and say that he has my full support in his endeavours to overcome the undemocratic and arbitrary planning process. - Yours, etc.,

COLM O'RIAIN, Flood Street, Galway.