What is a protected Structure?
A ‘protected structure’ sometimes known as a listed building is defined as a structure or specified part of a structure, which a planning authority considers to be of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest and is included in the Record of Protected Structures. (RPS).
A structure is defined by the Planning and Development Acts 2000 as amended as ‘any building, structure, excavation, or other thing constructed or made on, in or under any land, or any part of a structure’.
The placing of a structure on the RPS seeks to ensure that the character of the structure is maintained and any changes or alterations to it are carried out in such a way as to retain and enhance this character.
A protected structure, unless otherwise stated, includes the exterior and interior of the structure, the land lying within the curtilage of the structure and any other structure lying within the curtilage. The protection also extends to any features specified as being in the attendant grounds. There are no categories or grades of protected structures under the Planning and Development Acts. A structure is either a protected structure or it is not.
Details of the nature and extent of protection for each individual structure can be ascertained by issuing a declaration under Section 57 of the Act.
Works to a protected structure, that would materially affect the character of the structure, require planning permission.
It is important to note that not all works to a Protected Structure will constitute material alterations. Under Section 57 of the Planning and Development Act, 2000 (as amended), owners/occupiers may request a declaration from the Planning Authority as to the type of works, which it considers, would or would not materially affect the character of the structure.
Proposed Protected Structure
A ‘proposed protected structure’ is a structure whose owner or occupier has received notification of the intention of the planning authority to include it on the RPS. Most of the protective mechanisms under the Planning and Development Acts and Regulations apply equally to protected structures and proposed protected structures. Once a planning authority notifies an owner or occupier of the proposal to add a particular structure to the RPS, protection applies to that proposed protected structure during the consultation period, pending the final decision of the planning authority.
Add or delete a structure
The RPS is a live register and additions to and deletions from it can be made by the following procedures, as appropriate:
(a) in accordance with a review of its Development Plan as set out in Section 12 of the Act or
(b) at any other time by following different prescribed procedures laid out under Section 55.
The making of an addition to, or deletion from, the RPS is a reserved function of the elected members of the Council. Kildare County Council’s RPS has been compiled over a number of Development Plan periods.