Businessman told to halt demolition of listed mansion

A HONG Kong-based businessman has been ordered to stop demolition works at the 17th century listed Georgian house that inspired the paintings of a leading artist.

Local residents in Thomastown, Co Kilkenny, were dumbfounded when they noticed that part of the back of the stunning Kilmurry House had been knocked down. It is the home where celebrated Irish artist Mildred Anne Butler, who was born in 1858 and died in 1941, lived for most of her life.

The property dates to 1690 when a Colonel Bushe built a seat on lands granted to him under the Cromwellian settlement. In the late 1800s the estate was bought by Ms Butler's father, Major Henry Butler of the renowned Anglo-Irish Butlers of Ormonde dynasty of Kilkenny Castle.

Read the article @ The Irish Independent

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Minister urges County Council to add to protected structures list

Minister for the Environment and Local Government, John Gormley, has called on South Tipperary County Council to add buildings of regional, national and international importance to the list of protected structures in the county.

Speaking at the launch of his department's architectural inventory of South Tipperary in Clonmel last Friday evening, Minister Gormley also encouraged the County Council to appoint a Heritage Officer.

Our architectural heritage is something we should be proud of, Minister Gormley told the crowd gathered for the launch of the inventory and the accompanying book which features some of the highlights of the report - 'An Introduction to the Architectural Inventory of South Tipperary.'

The county has architecturally important building ranging from thatched cottages to cathedrals, the Minister pointed out, adding that many people use historic buildings every day but don't realise it. Most towns and villages have an historic area, maybe not a specific building but in their streetscape, he explained, and people should be aware of this, which is why his department are undertaking these inventories and books.

The Minister said he hoped that seeing the buildings included in the book would awaken a pride for local architecture in people.

Mentioning some of the highlights of the inventory and book, Minister Gormley pointed to the Church of Ireland cathedral in Cashel and St. Michael's church in Tipperary Town, which is architecturally distinct and has a special atmosphere.

Major country houses can be seen in the book, including Dundrum House, Cashel Palace, Marlfield House and Knocklofty House. Many of these have been converted to hotels but should still be cherished as part of our cultural heritage, according to Minister Gormley.

More humble houses are featured even more strongly in the inventory, he went on. There are about 100 thatched buildings in the county, he said, as well as numerous shop and public house fronts, especially in Tipperary Town.

Minister Gormley also mentioned the work of architect William Tinsley in Cahir and Clonmel, and the investment in the area by the Quakers which led to architectural set pieces.

"it is not just up to the state to protect these, there are a vast number of building in private ownership," the Minster told those gathered for the launch. Grants are available for the upkeep of these.

The appointment of a Heritage Officer would help with the management of these buildings and give pre-planning advice to building owners, the Minister said.

Being on the register of protected structures can be a concern for some homeowners, the Minister accepted, but he was quick to reassure them that preservation was about the 'management of change' and not making it difficult for them to care for the buildings.

Coming to the end of his address, Minister Gormley spoke to the representatives of South Tipperary County Council in attendance when he encouraged them to add the buildings in the inventory to the list of protected structures, which comes under the Planning and Development Act. Minister Gormley said he would be sending each councillor a copy of the book and looking for their support in this.

Also at the launch were Chairman of South Tipperary County Council, John Fahey, and Mayor of Clonmel, Richie Molloy.

Cllr Fahey said he had no doubt the publications would prove invaluable for both practitioners and academics alike in understanding the architectural heritage of the county. "We are very lucky in South Tipperary to have such a rich architectural heritage and indeed to have someone the calibre of Barry O'Reilly for the management of the survey here in South Tipperary."

Mayor Molloy observed that South Tipperary and Clonmel are both very rich in architectural heritage and that this is something that is not played up enough in attracting tourists.

The Nationalist

www.buckplanning.ie

Convent demolition may cost firm €12.7m

DUBLIN City Council is to prosecute a developer who illegally demolished a 19th century convent in Terenure over a year ago.

Despite having been told in November 2006 to re-instate the building, which was in the process of becoming a protected structure, Kimpton Vale has failed to do so and now faces fines of up to €12.7m if found guilty of an offence.

The council has already given the company and its principal Laurence Keegan two opportunities to rebuild the Presentation Convent, and the matter will be referred to the courts.

It is understood that the company has not been in contact with the council.

Now city manager John Tierney has instructed the council's law agent to institute proceedings under the Planning and Development Act 2000 after Kimpton Vale failed to comply with an enforcement notice issued by the council.

The 1830s convent was part of a three-acre site on Terenure Road West sold for infill development in April 2006 for €15m. The convent was described as being in good condition at the time of the sale, but homebuilders Kimpton Vale Ltd razed it on November 4, just two weeks after Dublin City Council began the process of adding it to the Record of Protected Structures (RPS).

Bulldozers moved in to demolish the convent at 7am and by the time a dangerous buildings officer from the council arrived at 9.30am, so much was razed that the remainder had to be demolished on public safety grounds.

The company also faces legal proceedings because it failed to secure planning permission before demolishing the convent.

The enforcement proceedings are being taken under the 2000 Planning and Development Act, which states: "Any person who, without lawful authority, causes damage to a protected structure or a proposed protected structure shall be guilty of an offence."

Anyone seeking to demolish a "habitable" building is required to get permission prior to the work being carried out, which did not happen in this case.

Failed

The company was instructed to reinstate the convent "to the satisfaction of the planning department of Dublin City Council", but failed to do so.

Laurence Keegan was involved in a company which made a record tax settlement just four years ago.

Mr Keegan, of Parkmore House, Auburn Drive in Castleknock, was a director with Lido Construction until January 2002, nine months before it made a €7m settlement with the Revenue Commissioners for under-declaring corporation tax and VAT. At the time, it was the biggest published settlement in the history of the State.

As a result, Mr Keegan was restricted as a company director for five years from January 2004.

Mr Keegan also made a personal settlement with the Revenue Commissioners in 2002, totalling almost €84,000 for under-declaration of income tax -- of which €45,000 was interest and penalties.

He could not be contacted yesterday for comment, nor was anyone from Kimpton Vale available.

It is not yet known if Kimpton Vale was told that the convent was going through the process of becoming a listed building

City managers have previously forced developers to reinstate buildings after they were illegally destroyed. In 1999, the Art Deco Archer's Garage on Fenian Street was razed, but the council forced the developer to rebuild it.

Paul Melia
Irish Independent

www.buckplanning.ie

Firm ordered to rebuild razed convent in only three months

A COMPANY which illegally demolished a 19th-century convent earmarked for preservation has been ordered to rebuild it by next November.

Dublin City Council has instructed developers Kimpton Vale and its principal, Laurence Keegan, to reinstate the Presentation Convent in Terenure after it was razed on November 5 last.

The demolition happened just two weeks after the council began the process of adding it to the Record of Protected Structures (RPS).

But despite already serving an enforcement notice on the company obliging it to rebuild the convent, the council was forced to withdraw it because the title of the property was in doubt. The original enforcement notice obliged Kimpton Vale to rebuild the convent by last March.

However, it later emerged that the property was conveyed to Laurence Keegan in May 2006, meaning another notice had to be served on both the company and Mr Keegan.

Yesterday it appeared that little work had been done on re-instating the convent, which was described as being in "good condition" when sold for €15m in April last year.

But it was demolished the following November -- just weeks after the council began to consider adding it to the record of protected structures.

Bulldozers moved in to demolish the convent at 7am on November 4 and by the time a dangerous buildings officer arrived at 9.30am, so much was razed that the remainder had to be demolished on public safety grounds.

The company also faces legal proceedings because it failed to secure planning permission before demolishing the convent, and may be fined up to €12.7m.

The 1830s convent was part of a three-acre site on Terenure Road West sold for infill development.

Yesterday it emerged the convent would have to be reinstated "to the satisfaction of the planning department of Dublin City Council".

Anyone seeking to demolish a "habitable" building is required to get permission prior to the work being carried out.

A council spokesperson confirmed the building was to be reinstated, but refused to comment further as the matter is now the subject of legal proceedings.

Irish Independent

Council plans to delist Georgian Clonmel hotel

Councillors in Clonmel, Co Tipperary plan to remove a Georgian building from the Record of Protected Structures (RPS) in order to allow the development of a multistorey car park, hotel and shopping centre, which was refused by An Bord Pleanála last week.
An Bord Pleanála upheld appeals by the Department of the Environment and An Taisce against the controversial €40 million development which was approved by Clonmel Borough Council last August.
The council had given planning permission to the Borc Partnership to build a 500-space car park over nine levels, a 2770 sq m shopping centre and an 80-bedroom hotel on a one-acre site in the town centre currently occupied by the Clonmel Arms Hotel.
The hotel is a listed Georgian building and the proposed development would have involved its partial demolition.
An Bord Pleanála refused permission on the grounds of excessive scale and height of the development in the historic town centre and that there were no exceptional circumstances that would permit the demolition of a protected structure.
In its ruling the board also said the development would have an adverse impact on a nearby national monument, the restored 17th century customs house, the Main Guard, and was contrary to council's own development plan for the town.
"The monolithic nature and scale of the proposed development would be out of keeping with its surroundings and would significantly detract from the historic centre of Clonmel in general, and the setting of a national monument," Bord Pleanála inspector Graham Carlisle said.
An emergency meeting of the borough council was held on Tuesday night to discuss the decision. It is understood that councillors had been contacted by the developer last weekend to express his disappointment at the reversal of the council's original planning decision.
A motion was put forward by mayor Phil Prendergast proposing that the hotel should be delisted, to allow plans for the development to be resubmitted. The motion was unanimously agreed by the 12-member council. The proposal will now be put out to public consultation before it can be formally ratified by the council.
The town had been "devastated" by An Bord Pleanála's decision, which had been prompted by unnecessary interference by An Taisce and the Department of the Environment, Ms Prendergast said.
"Clonmel has been demoralised by this negative decision, we really need this centre for investment in Clonmel."
While there was no guarantee that a new application for the same site would be successful, at least the "heritage barrier" had been removed, she said.
A spokesman for An Taisce said yesterday that the council's decision was short-sighted and highlighted its failure to protect national monuments and listed buildings.
"Rather than face up to the reality that this was an ill-advised development they are attempting to accommodate a repeat application that won't succeed."
Olivia Kelly
© 2007 The Irish Times

Irish architectural heritage and protected structures

Irish architectural heritage and Protected Structures

This brief introduction is a practical guide to understanding the protection of structures of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest under the Planning and Development Acts, and the Planning and Development Regulations.

Under new arrangements which came into operation on 1 January 2000, the system of listing buildings has been replaced with strengthened procedures for the preservation of protected structures and structures in architectural conservation areas (we briefly covered these last week). Other historic structures may alternatively, or in addition, be protected under the National Monuments Acts 1930 - 2004.

A protected structure is a structure or part of 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. Details of protected structures are entered by the authority in its Record of Protected Structures, which is part of the Development Plan. The owner and/or occupier of a protected structure are legally obliged to ensure that no danger is caused to the structure. This obligation applies from the time when an owner or occupier is notified of a proposal to include a structure in the Record of Protected Structures (at which time the structure becomes a "proposed protected structure").

The obligation to preserve a protected structure applies initially to all parts of the structure, including its interior, all land around it, and any other structures on that land and their interiors. The obligation also applies to any exterior or interior fixtures and fittings of a protected structure or of any structure on land immediately within its curtilage. If a declaration is sought, the planning authority can clarify which, if any, parts of the structure or its surrounding curtilage are not of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, and therefore do not require special protection.

A structure becomes a protected structure when it is included in the Record of Protected Structures compiled by the planning authority. You can check with your planning authority if you would like to know if a structure is protected or proposed for protection.

A planning authority must follow certain procedures if it proposes to deem a structure to be a protected structure. These involve notifying the owners and occupiers of the structure and certain interested bodies of the proposal and also notifying the public by means of a newspaper advertisement. The owner or occupier of the structure, along with any member of the public, is 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.

An owner or occupier of a protected structure must ensure that the structure or any element of it is not endangered. Endangering a structure can mean either directly or indirectly damaging the structure, or any element of it, by neglecting the structure to such an extent that it is damaged

For a protected structure, exempted development works can only be carried out without planning permission if the works would not affect the character of the structure or any element of the structure that contributes to its special interest. You may seek declaration from the planning authority as to the type of works which would or would not materially affect the character of the structure and which would or would not require planning permission.

In the case of some structures where the decorative condition is of special interest, planning permission could be required for interior decorating such as plastering or painting.

So how does someone know what they can and can’t do? An owner or occupier of a protected structure may request the planning authority to issue a declaration regarding the structure and its curtilage. This will indicate the types of works that could be carried out without affecting the character of the protected structure or any element of the structure which contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social and technical interest, and those which cannot. Works which are normally exempt and which do not affect the character of the structure would not require planning permission.

However, owners or occupiers who carry out such works without a specific exemption in a declaration from the planning authority do so at their own risk. An owner or occupier may request a declaration from the planning authority at any time, even where no works are contemplated.

A declaration is issued to the owner or occupant of a protected structure free of charge on application. A local planning authority will issue such a declaration within twelve weeks of receiving a request. It will be necessary for an official of the authority to carry out a detailed inspection of the structure. The applicant for a declaration may be asked to state the extent of the property in their control, and to submit a drawing or map outlining its extent. Although the declaration is available to be inspected at the planning office, no information of a sensitive nature will be included in the record available to the public.

A planning application involving a protected structure is made in the same way as any other planning application. However, because of the sensitivity of most protected structures to inappropriate works, a planning application for works to a protected structure will be generally required to be more detailed.

There any measures in place to assist owners and occupiers to preserve a protected structure? A scheme of grants is operated by county councils and borough councils, to assist the owner or occupier of a protected structure to undertake necessary works to secure its conservation. The standard amount of grant is 50% of the approved cost of works, up to a maximum of €13,000. A planning authority may, at its discretion, vary this amount downwards or, in exceptional circumstances, upwards, subject to a maximum allowable grant of 75% of the approved cost of works, or €25,000, whichever is the lesser. Any grant greater than €13,000 requires the prior approval of the Department of the Environment and Local Government.

Planning authorities have special powers in relation to protected structures:

It 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 or if it considers that character of the structure ought to be restored.

It may acquire, by agreement or compulsorily, a protected structure if it considers that this is desirable or necessary in relation to the protection of the structure. Compensation may be payable.

Any person who damages a protected structure or proposed protected structure commits an offence. It is also an offence to undertake any work to a protected structure which requires planning permission without obtaining that permission.