Declarations - Section 57

Under Section 57 of the Planning and Development Act 2000, (as amended by the 2002 Act), an owner or occupier of a protected structure may make a written request to the Planning Authority, to issue a declaration as to the type of works which it considers would or would not materially affect the character of a protected structure. Within twelve weeks of receiving a request, the Planning Authority is required to issue a declaration. No fee is required in this case.

  • A register of Declarations is kept for public display by the Planning Authority
  • The record on public display will contain general information regarding the structure and list the items which will and will not require planning permission.
  • A Declaration can cover the entire building or relate to specific items of change that the owner may be considering

Works that will require Planning Permission

Where clarification is required contact the Planning Authority

Sample external works

  • Roofs - Works resulting in damage to or removal of chimneys, existing slates and rainwater goods.
  • Walls - Removal of render, repointing or capping with unsuitable materials.
  • Openings - Alterations to structural openings, replacement of original or early surviving doors or windows.
  • Extensions - The building of any new extensions.

Sample internal works

  • Removal of or damage to internal joinery, plasterwork or fireplaces
  • New openings between rooms
  • Alterations to the layout or form of stairwells
  • Installation of internal mechanical services - re-wiring, re-plumbing
  • Installation of dry-lining
  • Formation of ramps and the provision of universal access
  • Alteration of floor levels and / or the insertion of suspended ceilings

Works that will not require Planning Permission

Where clarification is required contact the Planning Authority

  • Repair and maintenance works carried out in accordance with the 'Conservation Guidelines' by the Department of the Environment, Heritage, and Local Government
  • Repairs to roof, re-fixing loose slates with existing where possible and using good quality natural slate where required
  • Repair of existing windows or joinery, retaining as much of the original fabric as possible
  • The application of paint or wallpaper and the repair of damaged plasterwork in compatible materials to match existing
  • Minor alterations to services

This area was discussed at the Protected Structures seminar on 11 June 2009. See presentation by County Architect, Rachel McKenna.