Department of Arts, Heritage and the Gaeltacht National Monument - - PDF document

Department of Arts, Heritage and the Gaeltacht National Monument Service Presentation to An Bord Pleanála Review Group The Department of Arts, Heritage and the Gaeltacht oversees and has policy responsibility for the conservation, preservation, protection, development and presentation of Ireland’s rich heritage, arts and culture. The Department is also engaged in the promotion of the Irish language and development of the Gaeltacht and the sustainable development of island communities. In addition to their immense inherent value, our language, culture and heritage are a valuable amenity for business and tourism and a means of supporting economic renewal and presenting Ireland as an attractive destination for sustainable inward investment. Statement of Strategy Goal To conserve and manage our unique heritage for the benefit of present and future generations, as a support to economic renewal and sustainable employment and in compliance with legal obligations. Strategies to deliver this goal The formulation and implementation of policy relating to the protection of Ireland’s archaeological heritage is the responsibility of the National Monuments Service and it supports the Department’s goal by:  Ensuring that Ireland has in place a suite of policies and legislation to meet modern requirement and in compliance with EU and international heritage

• bligations.

 Ensuring effective implementation and where appropriate, enforcement of heritage policies and legislation, including working through third parties.  Working with other State and non-State entities to ensure that the most appropriate structures are in place to deliver archaeological heritage services  Promoting greater appreciation and understanding of Ireland’s rich heritage as a valuable amenity for business, community development, farming and tourism and as a means of presenting Ireland as an attractive destination for sustainable inward investment.  Improving the condition and presentation of our World Heritage Sites, National Monuments and archaeological heritage including underwater cultural heritage.  Ensuring that the archaeological resource is conserved and that planned changes affecting archaeological monuments are managed in an effective and sustainable manner.

 Ensuring that heritage services are delivered to the Department’s customers as effectively as possible. Business Plan Framework The above strategies are supported by the following goals which form the basis of a current business plan framework for archaeology within the Department of Arts, Heritage and the Gaeltacht:  Manage the statutory functions of the Minister for Arts, Heritage and the Gaeltacht under the National Monuments Acts 1930-2004 and European Union (Environmental Impact Assessment of Proposed Demolition of National Monuments) Regulations 2012 in relation to developing, promoting and implementing policies and legislation for the protection of the archaeological heritage.  Manage the licensing of archaeological excavations, consents and directions in line with the National Monuments Acts 1930-2004  Progress the new National Monuments Bill.  Update the Record of Monument and Places according to Section 12 of the 1994 National Monuments Act and update the Shipwreck Inventory of Ireland  Develop the Heritage Sector Adaptation Plan to respond to Climate Change challenges within the overarching framework of Climate Action and Low Carbon Bill.  Progress Potential World Heritage Nominations.  Finalise Review of policy of archaeological survey and mitigation in relation to Bord na Móna Peatlands.  Develop Codes of Practice, Service Level Agreements and MOU’s with official partners and key sectors that impact on heritage protection.  Promote increased public awareness and appreciation of the archaeological heritage.  Provide guidance and related advice regarding archaeological and underwater heritage for owners, farmers and the public. Regulation for Archaeology under the National Monuments Acts Published Departmental policy in relation to archaeology is set out in “Framework and Principles for the Protection of the Archaeological Heritage” (Department of Arts, Heritage, Gaeltacht and the Islands, 1999) and “Policy and Guidelines on

Archaeological Excavation” (Department of Arts, Heritage, Gaeltacht and the Islands”, 1999) Published Departmental policy in relation to Town Defences is set out in “National Policy

• n Town Defences” (Department of Environment, Heritage and Local Government

2008). The National Monuments Service is responsible for the archaeological management including the conservation and presentation of national monuments in State Care. Works affecting a national monument in the ownership or guardianship of the Minister,

• r a local authority or subject to a preservation order or in proximity to same require

Ministerial Consent in addition to permission under the planning system. In general such consent is sought after planning permission has been granted. All excavations for archaeological purposes or prospection for subsurface and underwater cultural heritage in the State are licensable activities. This is to prevent illicit excavation of artefacts of archaeological significance and to allow for the scientific recording of archaeological strata to professional standards as set out originally in the National Monuments Act 1930. The National Monuments Service is the lead state actor in relation to the administration of an interview system for first-time excavation licence applicants. Responsibility for the regulation of all such archaeological activities rests with the National Monuments Service. This includes the processing of  Ministerial Consents which relate to permissions for works at national monuments;  Ministerial Directions for archaeological works on approved roads;  Excavation licenses;  Dive licenses on known protected wreck sites or deliberate searches for underwater cultural heritage and  Detection device consents. The National Monuments Service administers other key provisions of the National Monuments Acts including the regulation of threats and damage to the archaeological resource, threats and damage to protected wrecks over 100 years old and responding to unsanctioned metal detection activity. The National Monuments Service has established and maintains the Record of Monument and Places for all known monuments in the State and provides a Sites and Monuments Record in GIS format available for the use of all other statutory agencies and bodies and for public viewing on www.archaeology.ie It is engaged in the compilation of an inventory of known wrecks recorded in Irish waters for the years up to and including 1945.

The Planning System and Archaeology The contextual framework to protections for the archaeological heritage within planning process across Europe is provided for in relation to Environmental Impact Assessment (EIA) (2011/92/EU; 85/337/EEC) and Strategic Environmental Assessment (SEA) (2001/42/EC). Within National legislation provision for protections for the archaeological heritage in the planning system including the Planning and Development Act 2000, the Planning and Development Regulations, 2001 and the Planning and Development (Strategic Infrastructure) Act 2006 and amendments thereof. Section 10 of the Planning and Development Act 2000 provides that the Development Plan shall include objectives for the conservation and protection of the environment, including, in particular, the archaeological and natural heritage. The above provisions are in accordance with the the European Convention on the Protection of the Archaeological Heritage (Valetta Convention 1992). Under Planning and Development legislation the Minister for Arts, Heritage and the Gaeltacht is a statutory consultee in relation to potential impacts of any proposed development on the archaeological heritage. The National Monuments Service provides expert advice from an archaeological perspective to An Bord Pleanála, planning authorities and other relevant authorities in respect of individual planning, development applications and other projects and plans. Outline information on archaeology and its interactions with the planning system can be found in the booklet “Archaeology and the Planning Process” (Department of Environment, Heritage and Local Government 2007) In relation to the Submerged Cultural Heritage the Minister for Arts Heritage and the Gaeltacht is a statutory consultee in relation to Foreshore Act administered by the Department of Environment, Community and Local Government. The National Monuments Service provides expert archaeological advice in relation to foreshore licences and all other riverine, lacustrine and coastal archaeological issues. In recent years the Department has put in place codes of practice with agencies involved in the large-scale infrastructural projects which of their nature have significant archaeological implications: The National Roads Authority (now Transport Infrastructure Ireland), The Railway Procurement Agency ( RPA), ESB Networks, Eirgrid, Iranród Eireann, the Irish Concrete Foundation (ICF), Bord Gais Éireann (BGE), Coillte and Bord Na Móna (BNM). These Codes of Practice have been developed as a means to strengthen the management and protection of our valuable archaeological heritage while, at the same time, allowing the infrastructure providers in the State to progress with their programmes of work as efficiently as possible. The codes provide for enhanced streamlining of archaeological works under the oversight of in-house and contracted project archaeologists.

Within several Local Authorities, Cork County and City Council, Limerick County Council, Dublin City Council, Mayo County Council and Kerry County Council, county archaeologists are embedded within the Local Authority who administer, in liaison with the National Monuments Service expert professional advice in relation to planning and

• archaeology. In terms of our comments below in relation to planning conditions we are

voicing concerns raised with us by our colleagues in Local Authorities. Grants of planning permission can provide for the removal of material of archaeological significance which otherwise would be undisturbed and preserved in situ and is therefore a matter for the proper planning and sustainable development. However the licensing of all archaeological works is provided for under the National Monuments Acts. An Bord Pleanála Review In the context of the above functions which include a role for the Minister for Arts, Heritage and the Gaeltacht as a statutory consultee under the Planning and Development Acts, the National Monuments Service is a key stakeholder with regard the appropriate and comprehensive management of archaeology in the state. It is the view of the National Monuments Service that the decision-making process

• perated by An Bord Pleanála in relation to archaeology is robust and transparent and in

line with national policy as set out in the policy objectives in relevant Development

• Plans. The Board takes consideration of the Department’s recommendations in relation

to archaeological concerns within their wider remit in terms of proper planning and sustainable development. The opportunity provided in the Review to examine the need for more effective co-

• rdination of the planning permission process with other development consent and

licensing systems is welcomed. In that regard the National Monuments Service wishes to make the following recommendations/observations:  That any review of more effective co-ordination of the planning permission process with other development consent and licensing systems will have due regard to national archaeological policy and legislation and will engage in further discussions with the National Monuments Service in this regard.  That the review would give consideration to the implications for the archaeological heritage arising from the increased functions of An Bord Pleanála in relation to the proposed Area and Foreshore Bill.  That the review would encourage early and frequent consultation between developers and the National Monuments Service in relation to Strategic Development Applications, particularly where these applications involve large scale ground disturbance operations in green-field areas or development in sensitive urban historic towns.

 That, in relation to third party appeals, greater clarity would be provided in the wording of planning conditions for the range of archaeological interventions prior to and during the planning process as current texts can lead to confusion for the developer and the regulators involved.  That the distinction between environmental and archaeological monitoring (two entirely different processes) is made clear within planning conditions.  That the ‘Projects of Common Interest Manual’ include the Department of Arts, Heritage and the Gaeltacht in its list of statutory consultees.  That as national and international archaeological policy develops (including a new National Monuments Bill that would ratify the UNESCO Convention on the Protection of the Underwater Cultural Heritage, the Climate Change Adaptation Plan, the progression of World Heritage Nominations, etc.) appropriate skill sets should be developed in both central and local planning systems.  That An Bord Pleanála can best achieve its legislative mandate by having the appropriate professional resources available at executive and Board level to deal with the archaeological heritage; an Bord Pleanála should have in-house professional archaeological staff to assist the Board in its duties and this should also extend to local planning authorities. (The presence of in-house archaeologists working in central Government such as in the Department of Agriculture, Food and The Marine, in State Agencies such as Transport Infrastructure Ireland and in Local Authorities has provided added benefits for the protection of the archaeological resource and awareness raising within these

• rganisations and amongst their wider stakeholders.)

 That provision for regular up-skilling and Continuing Professional Development (CPD) in relation to the archaeological heritage be embedded within An Bord Pleanála. The Institute of Archaeologists of Ireland in liaison with the Department

• f Arts, Heritage and the Gaeltacht regularly provides professional training and

can tailor relevant courses. National Monuments Service Department of Arts, Heritage and the Gaeltacht 13 November 2015