Who protects our heritage

The Department of the Environment, Heritage and Local Government, manages the State’s responsibilities under National and European law for the protection, conservation, management and presentation of Ireland’s natural and built heritage. This ranges from prehistoric burial sites and monastic settlements to medieval castles and historic houses as well as large national parks and smaller nature reserves.

http://www.heritageireland.ie/en/AboutUs/IrishGovernmentHeritage/

i was also under the assumption that ‘Duchas’ had been absorbed into the DoEHLG. That would explain why the planner got ‘no response’ 🙂

there may be a theoretical situation where these permission may be deemed invalid as ‘due process’ wasnt observed, but thats for others to decide.

Thanks,

I spoke with planner again. He said they still use term Dúchas but refer it to “Development application unit”

He asked what are they supposed to do if Dúchas do not respond to what they submit? Gave previous 2 applications permission on this logic.

“there may be a theoretical situation where these permission may be deemed invalid as ‘due process’ wasnt observed”

What makes you think that due process was not observed?

The planner referred it to the DoEHLG.

They said nothing, so the planner had to make their own decision without advice.

The planner was duty bound to make a decision within 8 weeks, whether or not Duchas (or whatever it is called now) got back.

Is there any legal obligation on the DoEHLG to make an observation, in any particular planning case?

@forrestreid wrote:

Is there any legal obligation on the DoEHLG to make an observation, in any particular planning case?

I really don’t know if there is a legal obligation but from speaking with someone who works in planning and has contact with DoEHLG they only realistically ever respond to about 50% of referred applications as they get thousands a year and don’t have resources to deal with all of them

@forrestreid wrote:

Is there any legal obligation on the DoEHLG to make an observation, in any particular planning case?

There is no legal obligation, but I think it’s odd for the planner in this case to presume that the absence of a response indicates acquiescence on the part of DEHLG.

Also, can’t the planner form an opinion of his/her own on this matter? If there are ringforts and other archaeological monuments in the area, that might suggest grounds for refusal, or at least grounds for careful thought.

Or perhaps the decision was based on the presumption that it would be appealed to the Board, at which point DEHLG would be invited by the Board to comment. Did you object, gg66?

@ctesiphon wrote:

Or perhaps the decision was based on the presumption that it would be appealed to the Board, at which point DEHLG would be invited by the Board to comment. Did you object, gg66?

No, I would have but I didn’t spot the planning notice during the 5 week period. I live beside it so don’t get this at all. Site is down a private lane but planner says an inspection show a notice was at junction with public road when inspected. I pass by every day but didn’t see it..

@forrestreid wrote:

“there may be a theoretical situation where these permission may be deemed invalid as ‘due process’ wasnt observed”

What makes you think that due process was not observed?

The planner referred it to the DoEHLG.

They said nothing, so the planner had to make their own decision without advice.

The planner was duty bound to make a decision within 8 weeks, whether or not Duchas (or whatever it is called now) got back.

Is there any legal obligation on the DoEHLG to make an observation, in any particular planning case?

I was responding to the OPs initial post where the planner said he referred it to ‘duchas’… obviously he couldnt so that why i said that, theoretically, due process hadnt been complied with. The DoEHLG hadnt been mentioned at that stage. Does that clarify my post for you?