Written Answers. - Parliamentary Debates - Houses of the Oireachtas
Written Answers. - Parliamentary Debates - Houses of the Oireachtas Written Answers. - Parliamentary Debates - Houses of the Oireachtas
[Deputy Jimmy Deenihan.] Questions— 14 February 2012. Written Answers available to individual fishermen to control damage to fisheries by seals at particular locations. However, I have no plans to sanction a more general cull. It is also an obligation under the EU Habitats Directive that Ireland designates Special Areas of Conservation for both species of seal. The main breeding areas for seal are now legally protected. It should be noted that my Department is involved in a number of studies in relation to seals. These include making arrangements to complete a national survey of harbour and grey seals; liaising with Inland Fisheries Ireland concerning a research project to investigate seal-fisheries interactions in the Moy Estuary and Wexford Harbour with a view to informing management options; and liaising with Bord Iascaigh Mhara and the Marine Institute concerning a research project to investigate seal depredation and seal-fisheries interactions. 368. Deputy Michael Healy-Rae asked the Minister for Arts, Heritage and the Gaeltacht his plans to carry out a cull of the deer population in view of the severe financial consequence to our farming community who live near forests and are constantly having their fences broken and grass eaten by these wandering deer. [8311/12] Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): Wild deer in the State are protected under the Wildlife Acts. There is an annual open season during which deer can be legally shot under licence. The open season for deer operates generally from 1 September to 28 February, depending on the species and gender of deer. I am aware that deer species are increasing in range and numbers. My Department carries out localised annual deer counts on State lands such as National Parks. Where appropriate, and depending on the annual count and instances of damage caused by deer to habitats, especially woodland, culls may be carried out to ensure that deer populations do not reach levels that would have negative ecological consequences. Control of deer on private property is the responsibility of landowners who may apply to my Department for a permission under section 42 of the Wildlife Acts to cull deer where this is necessary outside the annual open seasons. These permissions offer a facility whereby a person can obtain a permit, on a case by case basis, to prevent serious damage caused by individual deer on specific lands. Permissions are only issued where there is evidence of such damage. 369. Deputy Maureen O’Sullivan asked the Minister for Arts, Heritage and the Gaeltacht the measures he is taking to ensure that the Ward Union Hunt does not continue to break the law in relation to hunting deer as per section 23A(1) of the Wildlife Amendment Act in view of the new evidence which shows that they are continuing to hunt stag in contravention of the ban; and if he will make a statement on the matter. [7569/12] Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): Officials of my Department monitor compliance with the Wildlife Acts across the country on an ongoing basis and carry out patrols and site visits to enforce the various provisions of these Acts as required. They also investigate reports of breaches of the Acts. Members of An Garda Síochána are also empowered under the Acts to investigate alleged offences and to prosecute, if they see fit. In this regard, my Department will follow up appropriately on any alleged breaches of the Wildlife (Amendment) Act 2010 which makes it an offence to hunt a deer with two or more dogs. Architectural Heritage 370. Deputy Peadar Tóibín asked the Minister for Arts, Heritage and the Gaeltacht the way a building becomes listed; the criteria or qualifications used for a building to become a listed 484
Questions— 14 February 2012. Written Answers building; if a listed building may be de-listed; the way a building may become de-listed; and if he will make a statement on the matter. [7617/12] 371. Deputy Peadar Tóibín asked the Minister for Arts, Heritage and the Gaeltacht the buildings that are listed in County Cavan; the architectural conservation areas in County Cavan; the restrictions owners of listed properties or properties in ACAs face; and if he will make a statement on the matter. [7618/12] Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): I propose to take Questions Nos. 370 and 371 together. Under the provisions of the Planning and Development Act 2000 regarding architectural heritage, each planning authority is required to include in its development plan a Record of Protected Structures (RPS), which includes all structures or parts of structures in their functional areas which, in their opinion, are of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest. This record forms part of a planning authority’s development plan. Inclusion on the RPS places a duty of care on the owners and occupiers of protected structures and gives planning authorities powers to deal with development proposals affecting them in order to safeguard their future. My role in relation to protected structures is to ensure that there are appropriate legislative and policy frameworks in place in relation to the built heritage. My Department has responsibility for the National Inventory for Architectural Heritage, which provides a basis for me to recommend structures to local authorities for protection. However, operational issues are generally a matter for planning authorities under these frameworks. Planning authorities are further obliged to preserve the character of places and townscapes, which are of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest or that contribute to the appreciation of protected structures, by designating them as architectural conservation areas (ACAs) in their development plan. My Department’s Architectural Heritage Protection Guidelines for Planning Authorities (2011) provide statutory guidelines with regard to the implementation of Part IV (Architectural Heritage) of the Act. However, the protection of the architectural heritage for both protected structures and architectural conservation areas is a matter for the planning authority, in this case Cavan County Council. The list of structures included in the RPS and the areas designated as ACAs for County Cavan are detailed in the Cavan County Development Plan 2008-2014, that was adopted at a meeting of Cavan County Council on Monday 13 October 2008 and came into effect on Monday 10 November 2008. A planning authority in reviewing its RPS from time to time (normally during the review of the development plan) may make additions or deletions. A planning authority may add or delete a structure from its RPS by the following procedures as appropriate: a) in accordance with a review or variation of its development plan as set out in Section 12 of the Act; or b) at any other time by following different prescribed procedures laid out under Section 55 of the Act. Unlike with a protected structure where the protection extends to the interior of the building, in an ACA only the carrying out of works to the exterior of a structure within the area, which would materially affect the character of the area, will require planning permission. 485
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Questions— 14 February 2012. <strong>Written</strong> <strong>Answers</strong><br />
building; if a listed building may be de-listed; <strong>the</strong> way a building may become de-listed; and if<br />
he will make a statement on <strong>the</strong> matter. [7617/12]<br />
371. Deputy Peadar Tóibín asked <strong>the</strong> Minister for Arts, Heritage and <strong>the</strong> Gaeltacht <strong>the</strong><br />
buildings that are listed in County Cavan; <strong>the</strong> architectural conservation areas in County Cavan;<br />
<strong>the</strong> restrictions owners <strong>of</strong> listed properties or properties in ACAs face; and if he will make a<br />
statement on <strong>the</strong> matter. [7618/12]<br />
Minister for Arts, Heritage and <strong>the</strong> Gaeltacht (Deputy Jimmy Deenihan): I propose to take<br />
Questions Nos. 370 and 371 toge<strong>the</strong>r.<br />
Under <strong>the</strong> provisions <strong>of</strong> <strong>the</strong> Planning and Development Act 2000 regarding architectural<br />
heritage, each planning authority is required to include in its development plan a Record <strong>of</strong><br />
Protected Structures (RPS), which includes all structures or parts <strong>of</strong> structures in <strong>the</strong>ir functional<br />
areas which, in <strong>the</strong>ir opinion, are <strong>of</strong> special architectural, historical, archaeological, artistic,<br />
cultural, scientific, social or technical interest. This record forms part <strong>of</strong> a planning authority’s<br />
development plan. Inclusion on <strong>the</strong> RPS places a duty <strong>of</strong> care on <strong>the</strong> owners and<br />
occupiers <strong>of</strong> protected structures and gives planning authorities powers to deal with development<br />
proposals affecting <strong>the</strong>m in order to safeguard <strong>the</strong>ir future.<br />
My role in relation to protected structures is to ensure that <strong>the</strong>re are appropriate legislative<br />
and policy frameworks in place in relation to <strong>the</strong> built heritage. My Department has responsibility<br />
for <strong>the</strong> National Inventory for Architectural Heritage, which provides a basis for me to<br />
recommend structures to local authorities for protection. However, operational issues are generally<br />
a matter for planning authorities under <strong>the</strong>se frameworks.<br />
Planning authorities are fur<strong>the</strong>r obliged to preserve <strong>the</strong> character <strong>of</strong> places and townscapes,<br />
which are <strong>of</strong> special architectural, historical, archaeological, artistic, cultural, scientific, social<br />
or technical interest or that contribute to <strong>the</strong> appreciation <strong>of</strong> protected structures, by designating<br />
<strong>the</strong>m as architectural conservation areas (ACAs) in <strong>the</strong>ir development plan. My Department’s<br />
Architectural Heritage Protection Guidelines for Planning Authorities (2011) provide<br />
statutory guidelines with regard to <strong>the</strong> implementation <strong>of</strong> Part IV (Architectural Heritage) <strong>of</strong><br />
<strong>the</strong> Act. However, <strong>the</strong> protection <strong>of</strong> <strong>the</strong> architectural heritage for both protected structures<br />
and architectural conservation areas is a matter for <strong>the</strong> planning authority, in this case Cavan<br />
County Council.<br />
The list <strong>of</strong> structures included in <strong>the</strong> RPS and <strong>the</strong> areas designated as ACAs for County<br />
Cavan are detailed in <strong>the</strong> Cavan County Development Plan 2008-2014, that was adopted at a<br />
meeting <strong>of</strong> Cavan County Council on Monday 13 October 2008 and came into effect on Monday<br />
10 November 2008. A planning authority in reviewing its RPS from time to time (normally<br />
during <strong>the</strong> review <strong>of</strong> <strong>the</strong> development plan) may make additions or deletions. A planning<br />
authority may add or delete a structure from its RPS by <strong>the</strong> following procedures as<br />
appropriate:<br />
a) in accordance with a review or variation <strong>of</strong> its development plan as set out in Section<br />
12 <strong>of</strong> <strong>the</strong> Act; or<br />
b) at any o<strong>the</strong>r time by following different prescribed procedures laid out under Section<br />
55 <strong>of</strong> <strong>the</strong> Act.<br />
Unlike with a protected structure where <strong>the</strong> protection extends to <strong>the</strong> interior <strong>of</strong> <strong>the</strong> building,<br />
in an ACA only <strong>the</strong> carrying out <strong>of</strong> works to <strong>the</strong> exterior <strong>of</strong> a structure within <strong>the</strong> area, which<br />
would materially affect <strong>the</strong> character <strong>of</strong> <strong>the</strong> area, will require planning permission.<br />
485