Protected Boundary Walls

Protected Boundary Walls

Postby samuel j » Thu Feb 22, 2007 6:13 pm

Two neighbours of mine and myself are in a bit of a pickle. All our houses were listed or put on the protected list by the council including (and mentions this on letters we all got) the boundary wall, all built circa 1850 - old stone walls.
An adjoining development got permission for housing and a new long drive, despite the concerns we raised about traffic etc. and how it would undermine this perfectly fine stone wall.
Thats history now, they got their planning but the complete old stone collapsed yesterday.

3 question if any can help :

1. What does listing or protection of this wall actually mean....

2. If the wall is now re-instated, who or what agency has to power to ensure that it is re-built to some closeness to what was there.

3. If the developer had planning but this made no mention of taking done this wall and by nature of its collapse he is now going to re-build some type of wall..... Should he not have to apply for planning permission to make these changes.

Any thoughts, greatly appreciated
samuel j
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Re: Protected Boundary Walls

Postby ctesiphon » Fri Feb 23, 2007 6:55 pm

I've only got a second, I'm afraid.

Did the PP for the housing include PP to demolish a section of the wall?

1) Inclusion on the RPS means that a structure can't be demolished, altered, extended etc. without PP.
2) This should be done through the local authority.
3) He should have to reinstate it exactly as it was. See the case of Archer's Garage in Dublin (documented on this site- just do a search) for a not-dissimilar example, though in that case the damage was deliberate.

A few sections of the Planning and Development Act 2000 that might be of relevance (taken from the irishstatutebook.ie site- look in Acts of the Oireachtas - Year 2000 - No 30 - Part IV):

57.—(1) Notwithstanding section 4(1)(h), the carrying out of works to a protected structure, or a proposed protected structure, shall be exempted development only if those works would not materially affect the character of—

(a) the structure, or
(b) any element of the structure which contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest.


58.—(1) Each owner and each occupier shall, to the extent consistent with the rights and obligations arising out of their respective interests in a protected structure or a proposed protected structure, ensure that the structure, or any element of it which contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, is not endangered.

(2) The duty imposed by subsection (1) in relation to a proposed protected structure arises at the time the owner or occupier is notified, under section 55 or under Part II, of the proposal to add the structure to the record of protected structures.

(3) Neither of the following shall be considered to be a breach of the duty imposed on each owner and each occupier under this section—

(a) development in respect of which permission under section 34 has been granted;
(b) development consisting only of works of a type which, in a declaration issued under section 57(3) to that owner or occupier, a planning authority has declared would not materially affect the character of the protected structure or any element, referred to in subsection (1) of this section, of that structure.
(4) Any person who, without lawful authority, causes damage to a protected structure or a proposed protected structure shall be guilty of an offence.

(5) Without prejudice to any other defence that may be available, it shall be a good defence in any proceedings for an offence under subsection (4) to prove that the damage to the structure resulted from works which were—

(a) urgently required in order to secure the preservation of the structure or any part of it,
(b) undertaken in good faith solely for the purpose of temporarily safeguarding the structure, and
(c) unlikely to permanently alter the structure or any element of it referred to in subsection (1).


59.—(1) Where, in the opinion of the planning authority, it is necessary to do so in order to prevent a protected structure situated within its functional area from becoming or continuing to be endangered, the authority shall serve on each person who is the owner or occupier of the protected structure a notice—

(a) specifying the works which the planning authority considers necessary in order to prevent the protected structure from becoming or continuing to be endangered, and
(b) requiring the person on whom the notice is being served to carry out those works within a specified period of not less than 8 weeks from the date the notice comes into effect under section 62.
(2) After serving notice under subsection (1) on a person, a planning authority may—

(a) at its discretion, assist the person in carrying out the works required under the notice, and
(b) provide such assistance in any form it considers appropriate, including advice, financial aid, materials, equipment and the services of the authority's staff.
(3) Any person on whom a notice under subsection (1) has been served may, within 4 weeks from the date of service of the notice, make written representations to the planning authority concerning—

(a) the terms of the notice,
(b) the provision of assistance under subsection (2), and
(c) any other material considerations.
(4) After considering any representations made under subsection (3), the planning authority may confirm, amend or revoke the notice, and shall notify the person who made the representations of its decision.

(5) Particulars of a notice served under this section shall be entered in the register.
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Re: Protected Boundary Walls

Postby samuel j » Fri Feb 23, 2007 9:44 pm

Your time/response very much appreciated. No PP do not allow demolision of any part of wall.
I made in writing my concerns to planners when pp was being sought by the developer in so much as this 1850s wall would not take traffic, groundworks for sewers etc. , this was narrow old path that developer sought and got pp to make a drive to his development of exclusive houses.
Alas planners ignored my concerns and gave pp but not to demolish the wall.

Am getting hints that developer is willing to build a new wall but my worry now is what type of wall he intends to build and/or how close it will resemble the fine wall that was happily there since 1850. Or more importantly what ammunition have I at my disposal to ensure he doe not cut corners and make something modern and not in keeping with the whole area.
I have appointed engineers and solrs on the case.
Never a dull day.
Thanks again for your thoughts as a great help
samuel j
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Location: Cobh


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