Anyone convicted of damaging a building listed for its heritage value would be guilty of a criminal offence and could be fined up to £1 million under new legislation published by the Minister for the Environment. The Local Government Planning and Development Bill 1998, gives statutory protection for the first time to listed buildings and "will usher in a completely new era in the protection of the architectural heritage in this country", according to Mr Dempsey.
The Bill, which redefines them as "protected buildings", imposes a clear obligation on local authorities to draw up lists of buildings to be protected because of their "special architectural, historical, archaeological, artistic, scientific, social or technical interest".
At present the protection of historic buildings is a discretionary function. Listing is also taken to mean that only the front wall of a building is actually protected; the interior may be altered or even demolished unless it is specifically listed for preservation. The Bill extends protection to the whole structure, including its interior and curtilage, and specifies that all works which affect its character will require planning permission. However, local authorities will have to spell out the scope of such works in each case.
The local authorities are being given wide powers - including compulsory purchase where necessary - to ensure that heritage buildings are protected, and will be entitled to direct that works are undertaken to preserve or restore them. Owners of protected buildings are obliged to ensure they do not become endangered. They will can seek financial assistance from a new grants scheme for protected buildings, which is being introduced next year at a cost of £3.9 million.
This scheme will be administered by the principal local authorities, which are to appoint conservation officers to enable them to carry out their functions under the Bill and to administer the grants scheme. The Government has allocated £300,000 towards this service in 1999. Local authorities will also be able to draw on the resources of the Department of Arts, Heritage, Gaeltacht and the Islands, which is compiling a national inventory and will issue guidelines to ensure consistency of approach throughout the State.
Importantly, buildings may now be designated for protection at any time independently of the statutory five-year review period for local authority development plans. All buildings currently listed will automatically become "protected buildings". Local authorities will have the power to require works to be undertaken to restore the character of a protected building (for example, the removal of inappropriate windows). But they would have to pay for such works "where the offending alterations are not unauthorised".
The Bill also gives statutory recognition to conservation areas to protect townscapes or streetscapes. And in cases where a dangerous buildings notice is being considered, there will be an obligation "to preserve as much of the building as is safely possible".
Mr Dempsey conceded that Ireland's record in protecting its architectural heritage "has left a lot to be desired".
