Protected houses can be a liability says councillor

A NORTH Clare Councillor has called for an amendment to the planning regulations regarding the rights of homeowners if their property is designated as a protected structure.

Councillor Michael Kelly tabled a motion at Monday’s local authority meeting asking that homeowners of proposed protected structure status be free in future to reject or accept  its designation.
He outlined that a number of people had approached him feeling like their “houses had been taken away from them” due to this designation.
“I don’t see why they should be subject to this worry. They should have a right to apply to do something to their homes, if they wish, without restriction. I call for an amendment to be made to the Planning Act,” he said.
The motion was supported by Councillor Joe Arkins who argued whether there was a necessity to preserve every example of a particular type of architecture and how many examples would be sufficient to fulfil this requirement.
“How many old houses out there that are 200 years old need to be kept? Some are cow sheds and some are refurbished, how many do you keep? You will have the born-again saying we will have to preserve them all. The burden we are putting on the owner by this is not necessary,” Councillor Arkins said.
It was also argued that where someone may have believed to have been sitting on an asset, that they could end up with a liability.
The example was put forward of a derelict house that if knocked would be more valuable to the person but if designated as protected could mean they were left with a liability, unable to do anything with the land or the building.
Meanwhile Councillor PJ Kelly recommended that the owners of a proposed protected structure be consulted before their name appears on a list.
“A human touch might solve the problem,” he suggested.
It was agreed that an observation could be made in relation to the proposal and Councillor Michael Kelly asked that the matter be circulated to other local authorities for their support.
In a formal reply to the motion, Nora Kaye acting director of services for Planning, Land Use and Transportation, said, “In accordance with Section 55 of the Act, the planning authority shall consider any written submissions or observations made in relation to this matter”.
She outlined that where submissions or observations are received, the manager will compile the submissions or comments into his report on the Draft Development Plan for the members’ consideration in advance of adoption of the development plan. The legislation does not allow for homeowners to accept or reject this designation, she added.