It appears the term ‘unauthorised development’ doesn’t exist for some landlords

I live on a square where the houses are grade-one listed. Last year we applied to have a small seat, a bike area and a space for the bins in the front of the house. The permission was granted but we found the conditions too cumbersome and didn’t proceed. This minor development would have enhanced the property for modern family living.

Quite a few of the properties in the square are in flats. Many landlords have concreted the front gardens, replaced brass door furniture with cheap fittings, sold marble fireplaces and destroyed properties internally. One landlord has built a large bungalow in the back garden without permission. It does appear that the term “unauthorised development” doesn’t exist for some landlords. There are landlords who buy and sell houses on the basis of the income the house will generate. Any consideration of complying with regulation is irrelevant.

Surely council bylaws, regulations and orders are a farce. If anything, the policy is contributing to the depreciation of these houses. Those who wish to improve properties find it cumbersome and expensive while those who vandalise on an industrial scale get more rent and less expense.

How very disappointing to have gone to the trouble of obtaining permission for your development but then not being able to proceed. Hopefully things will align in the future. Hats off for complying and for potentially adding value to what must already be an exceptional home.

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I feel your frustration when it comes to those actively breaking our laws and knowingly brutalising protected structures and their environs. To answer your question, planning and development regulations are far from a farce. There is always an argument for making them stricter, but they are set down in law and this gives powers to the enforcement officer. Unfortunately, the authority cannot have eyes and ears everywhere. So, it comes down to an uncomfortable question. Should we report wrong? If we witness something or the start of something, should we notify the council?

Some people may be reluctant to take action, but it may be necessary. The authority needs our help and support to protect our heritage. We can sit back and give out and moan, but this is the same as standing by and watching it happen. Literally ripping the heritage out of our buildings is stealing from all of us. It’s not right, shouldn’t be tolerated and must stop.

You took the time to write this letter because you are so frustrated. We need more of this. We need a groundswell of it. I don’t mean clogging up the Property Clinic with letters about unauthorised works. I mean actively supporting the authorities in doing their jobs, putting pressure on our local government representatives to make changes by ensuring our laws are applied at minimum, and requesting that they augment or better these laws where necessary.

All building professionals want this, as does society at large. It is a constant topic of discussion and we are all doing what we can to protect our heritage. But we will do more.

Aside from supporting the local authority, funding is critical to the retention of our protected structures. It is not reasonable or just to ask individuals that simply do not have the money to be required to repair their protected structures or face a penalty.

We need to address the repair and restoration of historic buildings in a positive and progressive way. If these buildings and sites are so important to us, the State needs to support them to a much greater degree than it does now. Again, this must happen through the relevant departments, and we must have the appetite to push for this.

Brigid Browne is a chartered building surveyor and a member of the Society of Chartered Surveyors Ireland

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