COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, April 13, 2026

QUESTION NO. 9

QUESTION: Councillor H. Farrell

To ask the Chief Executive to outline the process whereby appropriate structures can be added or removed to the Record of Protected Structures (RPS), in light of previously mentioned plans to review the existing RPS during 2026?

REPLY:

The process for the review of the RPS is set out in the Planning and Development Acts.  The relevant provisions continue to be under the 2000 Act as the provisions in the 2024 Planning Act (Part 10, Chapter 1) have not been commenced to date.

There are two processes within both Planning Acts which facilitate the deleting or adding of a structure to the record of protected structures. During the Development Plan process, structures can be added or deleted. This would arise where structures are identified in the draft Development Plan and have been considered by the members during that process.  Where the draft includes any provision relating to any addition to or deletion from the record of protected structures, the planning authority has to serve on each person who is the owner or occupier of the proposed protected structure or the protected structure, as the case may be, a notice of the proposed addition or deletion including any particulars.  The timelines for this are tight as they have to align with the public consultation on the draft plan itself, in essence, two processes are running in parallel to accommodate this.  Written submissions are invited from the owners or occupiers, and these are incorporated in the CE Report to the draft plan alongside submissions on the draft plan.

The alternative process allows for additions or deletions to the RPS outside the CDP process.  This is carried out under section 55 of the Planning and Development Act, 2000.  For this process, a notice is served on the owner or occupier, particulars are also sent to the Minister, and a notice is published in a newspaper.  There is a 6 week consultation period during which any person can make a submission.  Following that the planning authority considers any written submissions, has regard to any observations from the Minister and within 12 weeks after the publication of the notice decides whether or not the proposed addition or deletion should be made.  A notice is then served on the occupier or owner of the addition or deletion.

It is this latter Section 55 process which is intended to be followed this year, resources allowing, in order to carry out an objective of the County Development Plan to review identified structures for their potential inclusion into the RPS. The RPS forms part of the County Development Plan and is carried forward from one plan to the next subject to above.