1. Catherine Desmond, Archaeologist,
Serving People –
Preserving Heritage
Catherine Desmond, Archaeologist,
National Monuments Section, Department of Environment, Heritage and Local Government

2. The Role of the Department in relation to Built Heritage
To protect, maintain, conserve and preserve the built and natural heritage of our country
The National Monument Acts 1930 to 2004 form the basis in law for the protection of the archaeological heritage in Ireland. The protection of this resource is not a matter concerning only the DEHLG it is also an essential part of the national heritage. All public and private bodies need to act to ensure its protection.
To protect and promote appreciation of the built heritage, including the archaeological
heritage, is a major objective of the Department of the Environment, Heritage and
Local Government. To achieve that objective a number of key strategies are in place,
including:
• The provision of an appropriate legislative and policy framework for the
effective conservation and protection of the built heritage
• The identification, recording and assessment of the built heritage
• Promotion of an increased national awareness of its importance
• Promotion of better protection of the built heritage through developing the
complementary roles of State bodies with responsibilities in this area and local authorities
To protect, maintain, conserve and preserve the built and natural heritage of our country

3. Departmental Structure
Heritage and Planning Division National Monuments Service
2. Heritage Policy and Architectural Protection Section
NMS is responsible for:
the identification and designation of monuments through the Archaeological Survey of Ireland, 
assistance in the archaeological care of National Monuments in the ownership or guardianship of the Minister of   the Environment, Heritage and Local Government and managed by Office of Public Works,
implementation of protective and regulatory controls (including licensing of excavations and making of Ministerial directions and consents) under the National Monuments Acts, 
the provision of heritage input and advice to planning and other consent authorities in respect of individual planning and other development applications, projects and plans
implementing legislative provisions in relation to protection of monuments and sites.
The work of the unit involves:
administration of exchequer funding for built heritage, mainly through the provision of grants processed by Local Authorities and the Heritage Council, and funding for works on State owned properties carried out by the OPW,
support for and participation in the work of other bodies involved in built heritage, such as the OPW, the Irish Heritage Trust and the Heritage Council,
direct participation in the planning process to promote conservation of architectural heritage, and oversight of the two World Heritage Sites, 
advice and guidance on best practice in conservation and the publication of relevant policy documentation,
promotion of best practice in the future architectural design. /

4. Main Built Heritage Areas
Protection and Conservation Unit
Archive and Survey Unit
Planning and Licensing Unit
National Inventory for Architectural Heritage
Architectural Protection
Heritage Policy Unit
Protection and conservation unit – care and conservation of National Monuments – approx 700 country wide
Archive and Survey Unit - The identification and designation of monuments
Planning and Licencing Unit - the provision of heritage advice to planning and other consent authorities in respect of individual planning and other development applications, projects and plans
the implementation of protective and regulatory controls (including licensing of excavations and issuing of Ministerial directions and consents) under the National Monuments Acts
NIAH - The development of the National Inventory of Architectural Heritage, compiled on a county by county basis. Surveys completed to date are available on
AHAS - Publication of guidelines on the architectural heritage
Deal with planning applications
Heritage Policy
development of government policy on architecture.

5. Legislative Background
National Monuments Act
Planning and Development Act 2000
Today the Dept of Environment, Heritage and local government is the statutory body charged with the remit to protect and conserve the natural and built heritage of the state. This remit is driven to a large degree by legislation, either national or european.
The legislation dealing with archaeology in Ireland prior to 1930 was concerned mostly with the protection of monuments that were in the ownership or guardianship of the commissioners of public works and did not deal with those which were privately owned. Restriction of excavation (Hill of Tara)
The 1930 National Monuments Act represents the state response to the problem of protecting and preserving National Monuments and archaeology. One of the most important provisions of the 1930 Act is Section 8. This empowered the minister (subsequently amended to commissioners) to make a preservation order in respect of a National Monument which was “in danger of being or actually being destroyed, injured, or removed, or is falling into decay through neglect”. This section (as amended) still remains the most powerful weapon the state has to protect National Monuments.
1987Unfortunately the National Monuments Act was still unable to cope with the challenges of a developing state. This problem was compounded by the fact that these Acts (1930 and 1954) classified monuments only dating to pre-1700AD as archaeological. The 1987 Amendment Act provided a wider scale of protection for archaeological monuments and incorporated post-1700AD structures into its legislative framework. This involved the concept of “Historical Monument” which included all monuments in existence before 1700AD as well as “any monument associated with the commercial, cultural, economic, industrial etc. history of the place where it is situated”
The 2004 Amendment was a reactionary bill in response to the pressures of development. Many archaeologists are interpreting this amendment as dealing primarily with road developments however it is important to acknowledge the other areas which this amendment affect. All National Monuments have been affected by this amendment, these include monuments in state ownership or guardianship and monuments in local authority ownership. Anyone carrying out works to a national monument must apply for consent from the minister. The act defines Minister as ‘Minister for Environment, Heritage and Local Government. It also defines the word works as ‘including development works of national, regional or local importance 5

6. Ministerial Consent
All works that will impact on the fabric of town or city defences, or any ground disturbance in proximity to the defences in local authority or the Minister’s ownership or guardianship, or that have been the subject of a preservation order, are subject to a requirement for Ministerial Consent from the Minister for the Environment, Heritage and Local Government.
It is advisable to consult with the National Monuments Service and the Architectural Heritage Advisory Unit of the Department of the Environment, Heritage and Local Government at an early stage when planning works. Many structures associated with town defences may also be protected structures and/or located within an architectural
conservation area and planning permission may be required. The local authority archaeological and conservation officers should be consulted.
Section 14 of the National Monuments Act includes provision for the granting of a consent for works affecting a national monument in the ownership or guardianship of the Minister, or a local authority or subject to a preservation order. The Minister may grant a consent in writing for the carrying out of works, other than works connected with an approved road development, affecting such a monument.

7. In accordance with Section 14 of the National Monuments Act 1930, as amended, where a national monument of which the Minister or a local authority are the owners or guardians, or that have been the subject of a preservation order, Ministerial Consent is required in order:
a. To demolish or remove it wholly or in part or to disfigure, deface, alter, or in any manner injure or interfere with it, or
b. to excavate, dig, plough or otherwise disturb the ground within, around, or in proximity to, or
c. to renovate or restore it, or
d. to sell it or any part of it for exportation or to export it or any part of it.’

8. National Policy on Town Defences
The known and expected circuits of the defences (both upstanding and buried, whether of stone or embankment construction) and associated features of all town defences are to be considered a single national monument and treated as a unit for policy and management purposes. There should be a presumption in favour of preservation in-situ of archaeological remains and preservation of their character, setting and amenity.

9. National Policy on Town Defences
This new policy document is intended to supplement the existing national town defences policy and sets out national policy for the protection, preservation and conservation of historic urban defences in Ireland. While urban defences are part of the morphology of historic towns and should not be isolated from any other aspect of such towns, they present particular challenges in terms of protection, conservation, planning and development. This is due to the often disconnected or fragmentary nature of the remains, buried or above ground which survive in both private and public ownership. In any given town, the town defences may survive in a multiplicity of different ownerships. Town defences have often suffered from inappropriate development, which did not take into consideration the circuit of town defences, their character, setting and amenity and their relationship with other aspects of urban form and structure. Furthermore, it is recognised that historic towns have over time expanded beyond the enclosing and defensive element of town defences, and this poses problems when dealing with issues such as access and the preservation of views.

10. Planning and Development Act 2000
Places the Minister (DEHLG) as a statutory consultee and requires the planning authority to have regard to any written submissions from the department
As the states statutory body charged with the specific remit to protect our heritage DEHLG is obliged to fulfill numerous obligations including specific obligations under the Planning Acts. Under the Planning and Development Act, 2000, DoEHLG is consulted in relation to a number of provisions regulated under the Act. Accordingly, DoEHLG is obliged to comment and make recommendations on issues such as the preparation of County Development Plans or individual planning applications, as deemed appropriate and necessary. Equally, the various planning authorities are obliged to notify the Minister of the preparation of Development Plans and also refer to DoEHLG planning applications that may have a potential impact on either the built or natural heritage. In finalising Development Plans or making final decisions on individual planning applications, planning authorities are obliged to fully consider matters pertaining to the built or natural heritage. Accordingly, it is clear that both DoEHLG and the planning authorities have a mutual interest in working together to best safeguard the heritage.

11. Part IV of the Planning Act deals mainly with structures which are post The Planning authorities have a clear obligation to create a record of Protected Structures. This record forms part of a planning authority’s development plan.
In Ireland, many monuments listed in the RMP are also listed in the RPS. The slide shown indicates a building which contains architectural fabric from the 13th century through to the 1800s. It is therefore protected under both the Monuments and Planning Acts.
Part IV of the Planning and Development Act, 2000 gives very strong power to Local Authorities with regard to the protection of the architectural heritage.

12. Planning and Development Act 2000 (Part IV): local authority measures
Protect single structures: include individual lengths of town wall and its features on the Record of Protected Structures
Preserve the character of an area: designate a specific part of a walled town or distinct area of it as an Architectural Conservation Area
The local authority is required to protect, to educate and to enforce the legislation
Both types of protection may be used together

13. Architectural Conservation Area
The Planning Authority can target policies and manage change on a wider scale than by dealing with individual structures
ACA designation protects the exteriors of structures within the boundaries in order to preserve the character of the area
The area may include some or many protected structures
All involved must co-operate for the designation to be effective
ACA has no existence outside Development Plan: forward planning and development control have to be exercised in line with the policies and objectives of the Plan, similarly enforcement can only be taken if the work infringes a policy for the ACA that is stated in the Plan.
In formulating policies for the ACA specific attention should be paid to explaining importance of walls and notion of the town being or having been fortified and how this brought about its particular character (e.g. narrowing streets where gates once stood)
Co-ordination between LA sections (roads, housing, environment etc) should be paramount in the preparation of the Plan and management of development and public realm works.
Zoning and other designations should be targeted to preserve or restore the character of the area, e.g. to positively remedy urban decay or loss of particular uses that were important to the character of the area

14. Town Planning and Structures
Enhancing the natural and built heritage
The provision in the Planning and Development Act 2000 enabling the protection of upstanding structures by entering them in the record of Protected Structures or including them in architectural conservation areas, has helped to increase awareness among local authorities, amenity societies and others of the benefits of conserving and presenting their historic towns. Instead of allowing demolition and decay to continue, it is now recognised that these old buildings are an asset, a valuable part of the character of the towns.

15. Role of State Agencies National Museum of Ireland
The Office of Public Works
The Heritage Council
Local Authorities
Failte Ireland
National Museum of Ireland
OPW - Responsible for day to day running of all National Monument and Historic Properties.
The Heritage Council
Local Authorities
Failte Ireland

16. Irish Walled Town Network (IWTN)
Founded by the Heritage Council of Ireland in 2005
To work with local authorities in managing, conserving and enhancing historic walled towns in Ireland
To identify, preserve, protect and enhance the national heritage
The Heritage Council of Ireland founded the IWTN in April 2005 to unite and coordinate the strategic efforts of local authorities involved in the management, conservation and presentation of historic town walls in Ireland both North and South. Currently 21 towns are members. 16

17. What is a town?
A town is buildings, infrastructure, streets, commerce, people, societies, communities
All together form a landscape
Public realm protects that landscape
How do you deal with that landscape
Interpret It – Present it – For the betterment of the public good
. Irelands historic towns and cities are a unique and valuable cultural heritage asset and have played a significant role in shaping the overall form and fabric of many of our rural and urban settlements. Historic towns, both large and small served as important centres of administration and economic activity during the medieval period. Today these towns are a substantial draw for visitors with visible reminders to local people of their towns history..
Urban settlements will and must continue to change and develop. However, in this process we must recognise and work to preserve the character, setting and amenity of all upstanding medieval features. Importantly the archaeological evidence that survives, or may survive, below ground must be properly recorded.
We live our lives, against a backdrop formed by historic buildings, landscapes and other physical suvivals of our past. But the historic environment is more than just a matter of material remains. It is central to how we see ourselves as individuals and as a community.
While most people acknowledge the significance of the historic environment there are none the less a substantial number who do not see it as having any relevance to them.
The DoEHLG continues to respond to the publics perception of what constitutes their heritage and finding ways of involving and engaging people in heritage.

18. Irish Medieval Towns Urban Archaeology
Main Street forming the spine with narrow lanes running off it at right angles
Towns built around early ecclesiastical sites
Most had a market place, a church, often a castle and sometimes defences
Deliberate man made extensions over time
Streets: Most towns had one long main street with narrow side streets. The main street was often used as the market place. Many main streets had a market cross.
Ecclesiastical
Many towns were built around early ecclesiastical sites.
Most had a market place, a church, often a castle and sometimes defences
Deliberate man made extensions over time.
Urban Archaeology 18

19. Examples of Public Realm Plans in Ireland
The principle objective of Public Realm Strategies for historic towns is to promote a coordinated approach to planning that will result in the provision of quality public spaces and routes that are attractive, convenient and safe for all.
The public realm is generally defined as the space between buildings, namely the streets, civic spaces, amenity areas and movement corridors.
Public realm aims to improve the town for the local population and the wider community. It raises questions such as
How can visitors be encouraged to explore a town and lengthen their stay
How can the flow of traffic and pedestrians be improved striking a balance between convenience and impact?
How can the public realm provide a context into which a new development can be incorporated in a positive fashion?
Part of any public realm plan should include an examination of the relationship between the town and its historic structures. Any proposed initiatives should ultimately have an impact on how a town is used and percieved by residents and local businesses while also assisting in elevating its status as a premier tourist destination.

20. Athenry Streetscape Enhancement
Athenrys plan was drawn up in consultation with residents, business groups and other interested parties. The plan complements and reinforces objectives outlined in both the Galway County development Plan and the Athenry Local Area Plan as well as initiatives proposed by the heritage Council in relation to Irish Walled towns.

21. Cashel Improved lighting in public areas
When we think of Cashel we think of the Rock of Cashel. However Cashel has many other amazing structures which provide insight into its history. This public realm plan demonstrates that through the careful restructuring and enhancement of the towns public realm, accompanied by improved lighting and interpretation, the town of cashel can stand to gain significantly in physical, social and economic terms.

22. Youghal Improved Signage and orientation panels
Youghal Town Councils plan proposes the most effective presentation, management and development of the towns public realm. Liam Ryan will be talking about this after.

23. Fethard Historic Features Walled Town Gateways
The historic walled town of Fethard is another example of a fine medieval town in existence in Ireland. The public realm plan here seeks to provide a strategic framework by which the town can maximise the benefits of its many assets without losing those special qualities that give it character and charm.
Fethard came up with 15 specific initiatives as part of the plan.

24. FUNDING Department funding for structures in public ownership
several town and city walls projects
The Minister stated recently “Even in very challenging times I believe that the continued commitment by the State to the preservation and conservation of our rich built heritage is necessary and will have many benefits for the economy. Our built heritage is inextricably linked with a sense of pride and affirms our cultural and historical identity. Continued investment in built heritage conservation is vital for the ongoing preservation of Ireland’s renowned heritage. It also can bring economic benefits in the form of cultural tourism and employment.”

25. CONTACT US
Any plans or programmes or any queries or clarification required should be forwarded in writing at the earliest opportunity to:
Development Applications Section DoEHLG
Dún Scéine Harcourt Lane
Dublin 2
Ministerial Consent and Notification for attention of Director of National Monuments Section-Guidance Document on consent available
RMP and Urban Archaeology Surveys available in all Local Authorities
Department website
Department publications