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The Environment

• Introduction
• Landscape
• the Water Environment
• Agriculture
• Forestry
• Extractive Industry
• Waste Management
• Built Environment
• Open Space & Recreation
• Conservation, Heritage & Culture

4.9 Policy on Conservation, Heritage and Culture

This section of the Plan seeks to provide for the conservation and enhancement of biodiversity, natural heritage, landscape and the built environment as important elements in the sustainable economic growth of the County.

Roscrea was designated as a heritage town in 1994. This designation was applied because of the inherent architectural, historic and cultural qualities of the town. It is important that the qualities that give Roscrea its heritage status are protected and enhanced. Similarly, Thurles has a very important Victorian streetscape in Liberty Square. It is also a Cathedral town and has a historic legacy of both catholic education and architecture. Nenagh and Templemore, while of different scale, are typical of 19th century market towns in street pattern, streetscape and nature of uses. A key challenge is to raise awareness of the importance of protecting towns, streets and sites of architectural or historic importance. It is recognised by the Council that 'heritage', as a pump-priming tool for economic and social development, would be improved should links between the heritage town of Roscrea, other heritage sites in the county and the historic centres of our towns and villages be improved.

4.9.1 Conservation Areas

Policy ENV 41: Conservation Areas

It is the policy of the Council to designate areas of the County as Architectural Conservation Areas, because of their particular architectural and environmental qualities, which derive from their unique layout, design, unity of character and the mellowing of time. Within the Architectural Conservation Areas the Council will have regard to:

1. the impact of proposed development on the character and appearance of the Conservation Area in terms of compatibility of design, colour and finishes, and massing of built form;
2. the impact of proposed development on the existing amenities, character and heritage of these areas; and
3. the need to retain important architectural and townscape elements, such as shopfronts, sash windows, gutters and down pipes, decorative plasterwork, etc.

Conservation areas are designated under this Plan for the following:

1. Newport;
2. Borrisokane;
3. Borrisoleigh;
4. Cloghjordan;
5. Rivers town.

The Council will consider further designations as part of the development plan review process.

The physical quality and character of the Architectural Conservation Areas in North Tipperary is derived from the grouping of buildings and their relationship to one another, which creates a 'sense of place'. It is this group or overall pattern, which can be defined as 'townscape value'. The quality of the townscape can be harmed if individual buildings fall into disrepair or where successive alterations may result in a loss of architectural character. An example of architectural detail being lost is the removal of original sash windows and their replacement with PVC.

The Planning Authority has statutory powers, which can be used to prevent loss of the character of listed buildings and the Conservation Area. The Council will be empowered to provide grant aid to help in the repair of listed buildings, particularly important buildings in the conservation area, under Section 81 of the Planning and Development Act, 2000.

4.9.2 Implications of a Conservation Area for the Public

Normal exemptions do not apply in an architectural conservation area as set out in Section 82(1) of the Planning and Development Act, 2000. This means that any development to the exterior of a building in an Architectural Conservation Area will require planning permission.

Where development takes place within the Architectural Conservation Area without planning permission the Council may require the owners or occupiers to restore the character of the building.

4.9.3 Protected Structures

Policy ENV 42: Protected Structures

It is the policy of the Council to protect structures listed for protection by resisting:

• demolition of protected structures, in whole or in part,
• removal or modification of features of architectural importance,
• development that would adversely affect the setting of a protected structure.

The Planning and Development Act, 2000 affords full and comprehensive protection to buildings and groups of buildings, including townscapes, of special architectural, historical, archaeological, artistic, scientific, social or technical interest. This new protection applies to interiors as well as any structures within the curtilage.

In order to assist property owners in the restoration of protected structures the Council will seek to provide grant aid through its administration of the Department of the Environment, Heritage and Local Government's Grants Scheme. The Scheme will be advertised on an annual basis and applications will be prioritised on the basis of the Council's adopted 'Scheme of Priorities'.

Note: Structures which are listed in Appendix 2 may not benefit from exempted development rights under the Planning and Development Act, 2000. Therefore any alteration, extension or demolition of the building or within the curtilage of the building, that would materially affect the character of the structure, will require planning permission. All external changes to buildings within the Architectural Conservation Area, that would materially contravene the character of the ACA, will require planning permission.

4.9.4    Archaeology

Policy ENV 43: Archaeology

It is the policy of the Council to protect (in-situ where practicable or as a minimum, preservation by record) all monuments included in the Record of Monuments and Places. The Council will also seek to protect, where practicable, the setting of and access to sites. The council will have regard to advice and recommendations of Dúchas - the Heritage Service.  

The Council has noted the 'Record of Monuments and Places' issued by the National Monuments and Historic Properties Service (1998) and the Urban Archaeological Survey for County Tipperary North Riding issued by the Office of Public Works (1994).

The Council will, when considering applications for planning permission for development on or in the vicinity of archaeological sites or monuments, seek the advice of Dúchas -The Heritage Service. The Council may also request that archaeological field evaluation takes place as part of the application or before development proposals are implemented.

Archaeological heritage is not confined to archaeological sites within the Record of Monuments and Places, and the Council may require that archaeological field evaluation takes place as part of the application or before development proposals are implemented where there is evidence that archaeological remains are present, for example, a proposed development in or adjacent to a zone of archaeological potential.

4.9.5 Tree Preservation

Policy ENV 44: Tree Preservation

It is the policy of the Council to seek the protection of mature trees that contribute to amenities of the area (See Appendix 3).  Development that requires the felling of such trees will be discouraged.

Trees form a valuable part of the environment. They provide visual amenity, screen unsightly features and add to the diversity of the landscape and wider environment, and provide a roosting place for birds and food for a wide variety of wildlife. Appendix 3 sets out a number of important trees that are considered significant landscape features. Proposals for new development will be required to ensure that trees listed in Appendix 5 are not felled or rendered vulnerable by excavation around the root system.

The Council may also request that a tree survey is completed as part of a development proposal, to ensure that proposals for development will not damage or result in the loss of trees listed for preservation or of any mature hardwoods. The Council will make Tree Preservation Orders (TPO) as deemed necessary following inspection and report by a qualified arboriculturist.

4.9.6 Policy on Arts and Culture

The County contains a variety of arts, culture and entertainment facilities. These facilities help to reinforce our cultural identity as well as provide a local source of employment.

The Council has prepared a North Tipperary Arts Plan 2003-2006, which seeks to broaden access to the arts and to further develop engagement with the arts. Where we refer to all members of our community, we understand this statement to be in its broadest, most inclusive sense having regard to members of our community of all nationalities, all abilities and visitors to our county, as artists as well as audiences.

North Tipperary County Council advocates the importance of recognising the developmental benefits of the arts process as well as the importance of the end product and will strive to integrate the arts into overall development policy for the County.

The Planning Authority, through the land-use policies set out in this Plan, will support the arts. The establishment of the Per Cent for Arts Scheme for the artistic embellishment of public capital works is an example of the particular supports that have been purposely designed to foster the development of artists and the arts.

Policy ENV 45: Arts and Culture

It is the policy of the Council to seek the provision of arts, cultural and entertainment facilities, new works of art or performing space in association with new development proposals, where appropriate.

As over 60% of the population of North Tipperary live in rural areas it is important to ensure access to art and culture as part of the overall strategy of rural development. The Council will seek to support the arts within overall, public, local services provision for the enhancement of North Tipperary as a place in which to live, work and invest, and as a place to visit.

Where creative artists wish to set up studios or tele-cottages in rural areas, the Planning Authority will support such proposals provided that the nature of the work requires a rural location, and comply with Policy HSG9 and development control guidelines set out in Chapter 8.

4.9.7    Thurles Civic Centre

North Tipperary County Council in association with Thurles Town Council, the Tipperary County Library Service and the Thurles Drama Group have secured funding towards the development of the Thurles Civic Centre - Arts Centre and Central Branch Library and the Centre is planned to be open by the end of 2004.

Specific Objectives:

1. To secure a distinctive piece of public art on the site of the new County Council offices in Nenagh currently under construction.
2. To support the provision of public art as part of all large scale commercial development

Policy ENV 46: Natural Heritage Areas

It is the policy of the Council to maintain the conservation value of Natural Heritage Areas proposed for designation by Dúchas - The Heritage Service, either before or during the lifetime of the plan.

4.9.8 Proposed Natural Heritage Areas

The Planning and Development Act 2000 (Section 10 (2)(c)) requires the conservation and protection of European sites. Where development is proposed that will have a direct or indirect impact upon an area designated as being of national or international importance for wildlife or upon species identified in the Wildlife Act as being protected species and their habitats the Planning Authority will require the submission of an Environmental Statement assessing the impact of the proposals and mitigation measures designed to avoid such impacts.

4.9.9 Candidate Special Areas of Conservation

The candidate Special Areas of Conservation (cSACs) have been selected because they support habitats and plant and animal species that are rare or threatened in Europe and require particular measures, including the designation of protected sites, to conserve them. The sites are called candidate sites because they are currently under consideration by the Commission of the European Union. The current list is set out in Appendix 4 of the Plan and on Volume 2 - Maps.

Specific objectives in Conservation

• To seek the redevelopment of the old 'minors cottages' at Portroe in a manner that provides continuity to the use of the site as a terrace of rural cottages, provides new dwellings in keeping with the previous terrace and rural location, and provides for the reuse of some of the buildings and the stone on site.

Policy ENV 47: Special Areas of Conservation

It is the policy of the Council to maintain the conservation value of the sites identified by Dúchas - The Heritage Service as candidate Special Areas of Conservation either before or during the lifetime of the plan.

Policy ENV 48 Protection of Areas of Nature Conservation

It is the policy of the Council in Areas of Nature Conservation that proposals for development will only be permitted where
it can be clearly demonstrated there is no direct or indirect adverse affect on:

1. areas designated as sites or candidate or potential sites of national or international importance for wildlife; and
2. protected species and their habitats; and
3. features of major importance to wild flora and fauna; and
4. important features of geological or geomorphological importance; and
5. local biodiversity or recognised wildlife corridors.

Policy ENV 49 Development of Serveso Establishments

It is the policy of the council to seek technical advice from the National Authority for Occupational Safety and Health in respect of the siting of new Serveso establishments or where developments are proposed in the vicinity of an existing Serveso establishment.

A Serveso site establishment is an industrial company which has notified the National Authority For Occupational Safety and Health as meeting a specified threshold for quantities of hazardous substances as outlined by European Communities (Control of Major Accident Hazards involving Dangerous Substances) Regulations 2000. There is one Serveso establishment in North Tipperary - Exsol Ltd, at Graigue Upper, Ballygibbon, Co Tipperary.

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