What is a Protected Structure?
Protected Structures are buildings, features and structures within Fingal that are protected because they are deemed to be of special interest under one or more of the following headings:
Architectural Cultural
Archaeological Scientific
Artistic Social
Historical Technical
The list containing all the structures that are protected within Fingal is known as the Record of Protected Structures, or RPS for short. Prior to an Act in 1999 these buildings or features were known as Listed Buildings, but this title no longer applies.
The protection, unless otherwise stated in the RPS, includes the exterior and interior of the structure, the land lying within its curtilage (boundary), any other structures and their interiors within the curtilage, plus all fixtures and fittings which form part of the interior or exterior of any of these structures.
How do buildings become Protected Structures?
Buildings can be added to or deleted from the Record of Protected Structures (RPS) at any time, but usually most changes happen when a county development plan is being reviewed. If amendments are made to the RPS outside of the development plan process then Section 55 process is followed whereby notices must be served on the owners and occupiers to inform them of the proposed change. A notice is also placed in local or national newspapers to let the general public know of the proposed alterations and the details put on public display for 6 weeks, within which time anyone can make a comment supporting or objecting to the proposed changes.
Anyone can recommend a building or structure for addition to the RPS, but the actual decision to include structures on or remove them from the RPS can only be made by the elected members of a planning authority (i.e. the Councillors) .
How do I find out if a building is on the Record of Protected Structures?
The Record of Protected Structures (RPS) is contained within the appendices of the Fingal Development Plan 2011-2017, which lists all the structures protected as of April 2011. To check the location of a Protected Structure the maps of the Fingal Development Plan 2011-2017 should be referenced. Protected Structures are marked on these maps by a yellow circular icon which contains a unique RPS Reference Number. Every effort has been made to group the numbering of Protected Structures together according to their geographical location, however the numbering of some entries may be dispersed depending on the date they were added to the RPS. If information is required regarding the location of these amendments please contact the Conservation Officer or Conservation Research Officer.. It is intended to carry out a major review of the RPS in the near future and an electronic version of the up-to-date Record of Protected Structures will be provided on this webpage.
What are the implications of a building being a Protected Structure?
There is a duty on owners or occupiers of Protected Structures to ensure that the building is not endangered through harm, decay, damage or neglect.
Planning permission is required for all works that have an impact on the structure. This means that works that might otherwise be deemed exempted development, such as small extensions or changes to the boundary, should seek planning permission.
What works to a Protected Structure require planning permission?
In general, planning permission is required for any works that would affect the character of a Protected Structure. There are certain works, usually repairs, that may be deemed not to affect the character of a Protected Structure and therefore do not require planning permission. To obtain a list of the works that do or do not require planning permission for a specific property the owner or occupier can request a Declaration from the Conservation Officer of Fingal County Council. This service is free.
Owners should note that Protected Structures status does not prevent the extension, alteration or development of their property but does mean that they should exercise special care in designing alterations and should consult with the appropriate Area Planner in the Planning Department and with the Conservation Officer prior to lodging a planning application. When submitting a planning application relating to a Protected Structure more detailed information is required as outlined in the Validation Checklist for Protected Structures. If a survey of the building is required as part of the planning permission it must be carried out to a standard as stated in the Guidelines for Architectural Survey and Assessment of Protected Structures. Both of these pdf documents can be downloaded below.
General guidance on Protected Structures can be download below:
