39. Department of Housing, Local Government & Heritage
Aonad na nIarratas ar Fhorbairt, Oifigí an Rialtais, Bóthair an Bhaile Nua, Loch Garman, Y35 AP90
Development Applications Unit, Government Offices, Newtown Road, Wexford, Y35 AP90
manager.dau@housing.gov.ie
www.gov.ie/housing
Planning Ref: FP2023-052
(Please quote in all related correspondence)
07 July 2023
Planning Section
Monaghan County Council
County Offices
The Glen
Monaghan
H18 YT
Via email planning@monaghancoco.ie
Re: Notification under Article 28 (Part 4) or Article 82 (Part 8) of the Planning and
Development Regulations, 2001, as amended.
Proposed Development: Monaghan County Council: Review the Existing Monaghan
County Development Plan 2019-2025 and to Prepare a new Monaghan County
Development Plan for 2025-2031: Monaghan
A Chara
I refer to correspondence received in connection with the above. Outlined below are
heritage-related observations/recommendations co-ordinated by the Development
Applications Unit under the stated headings
Archaeology
The Department of Housing, Local Government and Heritage welcomes the opportunity to
input into the preparation of the Development Plan for Monaghan County (hereafter referred
to as DP). As standard advice in general to DP referrals, the Department always
recommends that every Development Plan have within it a stand-alone dedicated
‘Archaeological Heritage’ Chapter within the plan. With this in mind, the following
recommended objectives and policies should be considered for inclusion in ‘Archaeological
Heritage’ Chapter of the Monaghan County DP.
By way of background the specific legislation/regulations pertaining to the protection of
archaeological monuments, sites and places, including underwater archaeological
sites/wrecks/artefacts, are:
(1) The National Monuments (Amendment) Act 1930-2014.
In general ‘Archaeological Heritage’ comprises:
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o Recorded sites and features of historical and archaeological importance
included in the Record of Monuments and Places as established under
Section 12 of the National Monuments (Amendment) Act 1994 (see below).
o Major sites of archaeological importance in State, or Local Authority,
Ownership or Guardianship.
o National Monuments which are the subject of preservation orders.
o All previously unknown archaeology that becomes known (e.g. through
ground disturbance, fieldwork, or the discovery of sites under-water).
o All archaeological objects, wrecks 100 or more years old and a range of
categories of monuments and places.
o Archaeological objects (which in broad terms includes all moveable objects
of archaeological importance).
The Record of Monuments and Places (RMP)
The Record of Monument and Places (RMP) is a statutory audit of archaeological
monuments provided for in the National Monuments Act. There are over 130,000 entries in
the RMP, which takes the form of lists and maps for each county in the State. Copies of these
lists and maps, as prepared in the 1990s, were circulated to all planning authorities and are
now available in PDF format at www.archaeology.ie. It consists of a county-by-county set of
marked-up Ordnance Survey maps and associated manual which lists basic information in
relation to each monument or area included in the RMP. All monuments and places recorded
in the RMP are protected under the National Monuments (Amendment) Act 1994. Whilst the
RMP for each county includes the archaeological monuments which were identified at that
time, many more archaeological monuments have been identified since and, whilst these
have not as yet been included in the RMP, they are included on the Department’s online
database known as the Historic Monument Viewer (HEV) (also available at
www.archaeology.ie). The HEV should be consulted for guidance in relation to the location
of all known monuments within Co. Monaghan (whilst some monuments/places are not
currently recorded within the RMP maps/manuals, the HEV provides a more complete and
accurate record of the known historic monuments and places throughout Co. Monaghan.
Historic Towns and Places
The Historic Towns and Places which have been identified by the Department for general
protection are those towns and places which were first identified in the Urban Archaeological
Survey for each county. These have also been included in the RMP for each county and are
also recorded on the HEV (available at www.archaeology.ie).
(2) The Valetta Convention
This is a legally binding European Treaty which requires States Parties to integrate
archaeological heritage protection into the planning and development process at all stages.
It defines ‘Archaeological Heritage’ as including ‘structures, constructions, groups of
buildings, developed sites, moveable objects, monuments of other kinds as well as their
context, whether situated on land or underwater’.
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Following ratification of the Valletta Convention by Ireland in 1997, a national policy on the
protection of the archaeological heritage during the course of developments was issued by
the then Department of Arts, Heritage, Gaeltacht and the Islands - Framework and Principles
for the Protection of the Archaeological Heritage (Government of Ireland 1999) (see item (4)
below).
(3) The Planning and Development Act 2000
Chapter 9(6) of the Planning and Development Act 2000 provides that “A development plan
shall in so far as is practicable be consistent with such national plans, policies or strategies
as the Minister [for Housing, Planning and Local Government] determines relate to proper
planning and sustainable development”. Given that the protection of the archaeological
heritage is a central aspect of the planning and development process (given the provisions
of the Valletta Convention and national legislation) and is a core part of achieving sustainable
development, the Framework and Principles for the Protection of the Archaeological Heritage
should be considered to be a policy document covered by Chapter 9(6) of the 2000 Act.
The importance of the protection of archaeological heritage within the planning process is
recognised under Chapter 10 of the Planning and Development Act 2000 (as amended) and
includes, within Chapter 10(2)(c), the mandatory objective to be included in a DP:
“The conservation and protection of the environment including, in particular, the
archaeological and natural heritage”.
The Planning and Development Acts and Regulations contain further provisions relating to
the protection of archaeological heritage in the course of particular planning cases. These
include provisions making clear that imposition of archaeological conditions on grants of
planning permission is non-compensatable and detailed provisions to ensure that planning
applications for proposed developments which may affect sites protected under the National
Monuments Acts 1930-2014, or archaeological sites in general, are referred to the
Government Minister who has specific responsibility for the protection of Ireland’s
archaeological heritage as a statutory consultee.
(4) Framework and Principles for the Protection of the Archaeological Heritage
This document details the policy of the Government Minister who has specific responsibility
for protection of Ireland’s archaeological heritage. Whilst it is not specifically directed at the
planning system, as operating under the Planning and Development Acts, it speaks to all
development control codes. It is therefore essential that archaeological issues be addressed
as part of DPs issued under the Planning and Development Acts, as such plans sit at the
centre of the whole planning and development system.
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Definition of Archaeology and Archaeological Heritage
Archaeology is the study of past societies through their material remains and the evidence
of same within the environment. It is not restricted solely to ancient periods; it includes the
study of relatively recent societies through, for example, industrial and military sites.
The archaeological heritage is comprised of all material remains of past societies with the
potential to add to our knowledge of such societies. It therefore includes features such as
settlements, monuments, burials, ships and boats and portable objects of all kinds, from the
everyday to the very special. It also includes evidence of the environment in which those
societies lived.
Archaeological heritage occurs in all environments, urban and rural, upland and lowland,
grassland, tillage and forestry, inland and coastal, dryland, wetland (including peatlands) and
underwater (including watercourses, lakes and the sea).
Archaeological Heritage in Monaghan DP: Overview
Given the centrality of archaeological heritage to development plans, archaeological heritage
should be specifically and expressly addressed in a clearly defined chapter in every
development plan. This chapter should commence with a general overview of what
constitutes the archaeological heritage (as outlined above), and should then move on to
address particular aspects of the archaeological heritage of Co. Monaghan. Appropriate
professional archaeological expertise should be drawn on in preparing this DP - where
available to Monaghan County Council.
It is essential that there be, as a minimum, a core over-arching objective within the DP, which
allows for the protection of archaeological sites, monuments and places safeguarded under
the National Monuments (Amendment) Acts 1930-2014. The following objective is
recommended for inclusion in Monaghan DP:
Recommended Over-Arching Objective
It will be an objective of the planning authority to protect in an appropriate manner all
elements of the archaeological heritage and other features of the following categories:
a) Sites and monuments included in the Sites and Monuments Record as
maintained by the Department of Housing, Local Government and Heritage.
b) Monuments and places included in the Record of Monuments and Places
(RMP) as established under the National Monuments Acts.
c) Historic monuments and archaeological areas included in the Register of
Historic Monuments as established under the National Monuments Acts.
d) National Monuments subject to Preservation Orders under the National
Monuments Acts and National Monuments which are in the ownership or
guardianship of the Minister for Housing, Local Government and Heritage or
a local authority.
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e) Archaeological objects within the meaning of the National Monuments Acts.
f) Wrecks protected under the National Monuments Acts or otherwise included
in the Shipwreck Inventory maintained by the National Monuments Service
of the Department of Housing, Local Government and Heritage.
g) Archaeological features not as yet identified but which may be impacted on
by development.
In securing such protection, both generally and in the context of any particular planning
decision, the planning authority shall take full account of, and be guided by, national policy
on the protection of the archaeological heritage as set out in the Framework and Principles
for the Protection of the Archaeological Heritage. Any specific recommendations made by
the Government Minister responsible for the protection of the archaeological heritage, as a
statutory consultee in the planning process, shall be given full consideration by Monaghan
County Council.
Monaghan County Council shall, in an appropriate manner, secure either by preservation in-
situ or preservation-by-record, the archaeological heritage. In this regard priority shall be
given to the preservation in-situ of any archaeological monument/site/place as the first option
considered. If preservation in-situ cannot be achieved, or can only be achieved in-part, then
the preservation-by-record of elements of the archaeological heritage will be required – this
will require the full archaeological excavation and recording of the monument/site, according
to best professional practice. Where excavation is required this shall also include the
preparation of appropriate reports, post-excavation analyses and publications. The costs of
assessing and mitigating archaeological impacts should form part of development costs as
borne by the developer.
The inclusion of this over-arching objective will provide a clear basis for the planning authority
to take appropriate measures in relation to protection of Co. Monaghan’s archaeological
heritage when deciding on particular planning applications/infrastructural projects.
Recommended Policies for inclusion in the Archaeological Heritage Chapter
Underpinning the essential core objective as set out above, further recommended specific
policies are set out below to facilitate the protection of Co. Monaghan’s archaeological
heritage. These may vary, depending on the circumstances, and should be a logical follow-
on to the general objectives commencing the Archaeological Heritage Chapter. The issues
covered in the examples below should in any event be addressed, unless deemed not
relevant to the Monaghan DP.
Recommended Policies:
o To protect and enhance archaeological monuments and historic wrecks and
their settings and amenities, having particular regard to the importance of
town defences, historic graveyards, national monuments in the ownership of
the Minister or a local authority and, in general, monuments and historic
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wrecks which, through their presence in the landscape or seascape, provide
tangible evidence of the past.
o To promote and facilitate appropriate forms of access (including disabled
access) to archaeological monuments and historic wrecks, including
maintaining or developing means of access (including working with
landowners to secure appropriate access over private lands), providing
appropriate, accurate signage and interpretive material and providing
appropriate forms of virtual access where physical access is not possible.
o To ensure that all aspects of archaeological heritage and underwater cultural
heritage, in all environments, are considered in the development process,
including impacts on unidentified elements of the archaeological and
underwater cultural heritage.
o To promote knowledge and appreciation of archaeological and underwater
cultural heritage and facilitate access to appropriate guidance regarding its
protection and conservation, including at all stages of the development
process (including pre-planning application consultations).
o To promote early and comprehensive public access to the results of
archaeological excavations carried out as a result of development or
conservation projects through publications and the provision of on-site
interpretive material even where no physical remains are visible.
o To support community initiatives and projects regarding preservation,
presentation and access to archaeological heritage and underwater cultural
heritage, provided such are compatible with appropriate conservation
policies and standards, having regard to the guidance and advice of the
Department of Housing, Local Government and Heritage.
Recommended Specific Policies: Archaeological Heritage Chapter
Depending on the nature, type and location of the monuments, places and underwater sites
within the area covered by Monaghan DP, and following on from the general policies outlined
above, further specific objectives may be appropriate for inclusion in the DP. Examples of
which are set out below.
Recommended specific objectives:
• In general, developments will not be permitted which would result in the removal
of archaeological monuments with above ground features/surface expression.
Particularly in relation to archaeological monuments which form significant
features in the landscape, whether or not visible from public spaces.
• To secure the preservation in-situ of town defences of all forms.
• To ensure that provision is made the planning process that allows for the
preservation in-situ of significant medieval masonry remains found during the
course of a development and (where practicable) the presentation of such
remains should be as part of completed developments.
• To secure the preservation in-situ of surviving above-ground urban medieval and
16th/17th century structures, by ensuring that permission for a development does
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not result in the loss of the remains of such structures which may survive within
buildings which are, or appear to be, of later date.
• To secure the preservation in-situ of significant examples of industrial or military
heritage.
• To secure the setting, character and amenity of historic battlefields.
• To preserve the setting and amenity of all archaeological monuments, with
particular regard for upstanding monuments and the line of town defences, by
ensuring that development in the vicinity of these archaeological monuments is
not detrimental to their character or setting by reason of the development’s
location, scale, bulk or detailing. An appropriate buffer area in relation to the
monument viz a viz the development may need to be established and maintained.
• To preserve means of access to monuments currently accessible to the public
and to develop further and better access to monuments, including as part of the
design of development in their vicinity (where appropriate).
• To ensure a sufficient buffer area is maintained between a development and the
line of town defences so as to preserve the amenity and lines of such defences.
• To retain the existing street layout, historic building lines and traditional plot
widths where these derive from medieval or earlier origins within towns or
villages.
• To ensure that landscapes of particular archaeological interest or significance
are appropriately considered as part of a landscape character assessment, and
to ensure the preservation of the character, interest and amenity of such
landscapes.
• To ensure that in appropriate cases developments include as a long-term feature
appropriate interpretive material regarding the archaeological features identified
or uncovered in the course of development or pre-development work, whether or
not such features have been preserved in-situ or are themselves presented.
• To ensure that all signage placed at or near archaeological monuments is
appropriate in both form and accuracy of content.
• To provide, in appropriate cases and subject to appropriate safeguards and
restrictions, appropriate forms of public access (whether actual or virtual) to
archaeological excavations taking place in advance of development.
• To retain and manage appropriately archaeological monuments within open-
space areas in or beside developments, ensuring that such monuments are
subject to an appropriate and enforceable permanent management plan. They
should be presented appropriately and should not be left vulnerable, whether in
the immediate or longer term, to dangers to their physical integrity or possibility
of loss of amenity.
Recommended Development Control Policies and Objectives
If the archaeological heritage of Co. Monaghan is to be effectively protected during the
course of the planning and development process, it is essential that all relevant and
appropriate archaeological procedures and practices are followed. In addition to the local
authority’s adherence to the statutory requirements, outlined in the Planning and
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Development Regulations regarding referral of relevant planning applications/development
proposals to the Government Minister responsible for the protection of the archaeological
heritage, it is strongly recommended that a number of procedural and practice related
objectives and policies be set out in Monaghan DP: by way of example see below:
The relevant archaeological practices and procedures, and the protection and promotion of
the archaeological heritage of Co. Monaghan would be greatly facilitated by Monaghan
County Council’s engagement of their own archaeological professional. Whilst the
Department currently endeavours to provide as much archaeological advice as possible to
Monaghan County Council (and to developers at pre-planning consultation stage), this
should not be viewed as a substitute for a planning authority having its own in-house
expertise. The Department therefore strongly recommends that as a general objective, where
there is no internal council expertise, that the council will endeavour to engage its’ own
County Archaeologist during the lifetime of this DP
With regard to developers seeking advice from the Department in advance of submitting a
planning application, the Department (subject to available resources) will seek to engage
with the pre-planning process. However, it is important that, for the exercise to be beneficial,
that the developers carry out an initial archaeological assessment prior to engagement with
the Department, planning authorities should emphasise this to developers before advising
them to seek pre-planning consultation with the Department Following on from this, please
see below additional recommended policies for inclusion in the Monaghan DP:
Recommended Development Control Objectives and Policies:
• That proposed developments which may, due to their location, size, or nature,
are deemed to have impacts on the archaeological heritage be subject to an
archaeological assessment, which should, where possible, be carried out before
a planning decision. Such developments may include (1) those that are located
at, or close to, archaeological sites or monuments or historic wrecks, (2) those
which are extensive in terms of area (ground disturbance of 1/2 ha. or more) or
length (1km or more) - even if there are no known archaeological heritage
sites/features, (3) those which would affect significant areas of environments
such as wetlands and underwater areas - even if there are no known
archaeological heritage sites/features, and (4) any developments that require an
EIS/EIAR.
• Consideration will be made to exclude basement developments in
archaeologically sensitive areas, particularly in urban Zones of Archaeological
Potential, in proximity to town defences and where there are buried waterlogged
deposits.
• To ensure that all archaeological assessments are carried out in accordance with
relevant policies and standards, as set out in the Framework and Principles for
the Protection of the Archaeological Heritage (Government of Ireland 1999) and
the Policy and Guidelines on Archaeological Excavation (Government of Ireland
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1999) All assessments shall include documentary research, cartographic and
aerial photographic research and, where advised by the Department geophysical
survey and archaeological test excavations. Assessments may also include, in
appropriate cases and as per advice from the Department building surveys and
assessments of upstanding structures to determine the extent to which they are,
or contain within them, structures of medieval or 16th/17th century date.
• To ensure that all relevant planning applications for developments/infrastructural
projects, as highlighted above, are referred to the Department, through the
Department’s Development Applications Unit, that such referrals are submitted
in due time and that full account is taken of the recommendations made by the
Department.
• That permission for proposed developments will be refused where the
development cannot be carried out in a manner compatible with the protection of
the archaeological heritage.
• Where permission is granted for a proposed development that appropriate
conditions are included that secure the protection of the archaeological heritage,
either by preservation in-situ or, where impacts cannot be avoided, by
preservation by record. In imposing such conditions, Monaghan County Council
shall be guided in particular cases by the advice of the Department. Such
conditions may require, as appropriate, archaeological assessment, building
survey, geophysical survey, archaeological monitoring, archaeological test
excavation, preservation in-situ, preservation-by-record or a combination of all
seven elements.
• Where preservation in-situ is required, further conditions may require the
appropriate immediate and long term conservation and management of the
archaeological features and long-term monitoring of the effectiveness of such
measures, and appropriate steps may be required in the event that these
measures are proving in-effective.
• Where preservation-by-record is required, the preparation of appropriate follow-
up reports, analyses and publications will be necessary and the conservation of
any archaeological objects recovered will need expert advice in relation to their
storage and conservation.
• Where permission is granted planning conditions may require the public
presentation of archaeological features preserved in-situ and, where practicable,
the provision of interpretive material at the site (including on a permanent basis).
Presentation/signage may also be required where features no have been
preserved in-situ in order to highlight the former presence of such features.
• Where archaeological excavation is required, further conditions may be imposed
requiring the provision of public access to such excavations, subject to
appropriate safeguards.
• Where planning conditions are imposed for the protection or preservation of the
archaeological heritage, Monaghan County Council will make clear that the costs
of implementing these are to be borne by the developer. The requirements
expected of a developer/applicant in terms of archaeological mitigation should be
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specified. This may include highlighting the need to set aside an adeqaute
timeframe/budget to facilitate any appropriate archaeological mitigation (e.g.
excavations, enabling works, piling, post-excavation analyses and/or reporting).
• To develop Monaghan County Council’s own professional in-house
archaeological expertise to advise on with planning submissions, including the
drafting of future revisions of Monaghan DP.
Additional policies in relation to development proposals:
The Department recommends that the following be included in an appropriate section of
Monaghan DP (possibly in a section relating to open-spaces or to residential developments.
Where a proposed development (excluding individual residential home units) includes a
monument or site included in the RMP within the landholding proposed for development:
1. The developer shall commission an archaeological assessment to
establish the extent of archaeological material associated with the
monument or site. This assessment shall also include recommendations,
for agreement with the Department and the planning authority, a buffer
zone or area contiguous with the monument which will preserve the setting
and visual amenity of the site.
2. The area of the monument and buffer zone shall not be included as part
of the open-space requirement demanded of specific developments but
shall be additional to the required open-spaces.
3. If a monument or place included in the RMP lies within the open-space of
a development, a conservation plan for that monument should be
requested as part of the landscape plan for that proposed open-space.
4. Where the sub-surface remains of a monument or place that is included in
the RMP lie within the proposed development site, there may be a
requirement, as part of the development’ landscaping
proposals/conditions of planning, to establish a ‘surface expression’ that
monument to highlight its’ location within the development site.
5. Should a monument or site included in the RMP be incorporated into a
development, the monument and its’ attendant buffer area shall be ceded
to Local Authority Ownership once the development and associated
landscaping works are completed so that the future protection of the
monument can be assured.
Climate Change Adaptation for Built and Archaeological Heritage
The Department has published the Climate Change Sectoral Adaptation Plan for Built and
Archaeological Heritage as part of the National Adaptation Framework for climate change. It
is strongly recommended that the policies and objectives outlined in this document be
considered for inclusion in the Monaghan DP. The Department will continue its’ engagement
with the Climate Action Regional Offices (CAROs) and the City and County Managers
Association throughout the implementation of this sectoral plan. It is essential that climate
change adaptation is built into all policies and planning procedures within Monaghan DP.
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Recommended Climate-Change Policies and Objectives for Archaeological Heritage:
• To promote awareness and the appropriate adaptation of Ireland’s built and
archaeological heritage to deal with the effects of climate change.
• To identify the built and archaeological heritage in local authority ownership and
areas at risk from climate change including, but not necessarily restricted to, the
Record of Monuments and Places, protected structures and architectural
conservation areas designated in the development plan.
• To undertake climate change vulnerability assessments for the historic structures
and sites in its area.
• To develop disaster risk reduction policies addressing direct and indirect risks to
the built and archaeological heritage in its area.
• To develop resilience and adaptation strategies for the built and archaeological
heritage in its area.
• To develop the skills capacity within the local authority to address adaptation /
mitigation / emergency management issues affecting historic structures and sites
in order to avoid inadvertent loss or damage in the course of climate change
adaptation or mitigation works.
Recommended Polices for Underwater Archaeological Heritage and Historic Wrecks
Foreword:
Wrecks that are 100 or more years old have full legal protection under the National
Monuments Acts. They (along with archaeological objects) are automatically protected and
generally do not feature in statutory listings (the Record of Monuments and Places and the
Register of Historic Monuments). It is essential that appropriate objectives/policies are made
that ensure the protection of Co. Monaghan’s underwater cultural heritage in all its’ forms
(i.e. features additional to wrecks, like the remains of bridges and submerged, or partially
submerged, riverine structures). An inventory of known historic wreck sites is available at
www.archaeology.ie, but given the nature of the underwater environment there is always
high potential for previously unknown archaeological features to be present and this needs
to be reflected in the policies of Monaghan DP. This also applies to areas formerly
underwater, such as reclaimed lands.
Conclusion
The Department believes that the provision of this archaeological heritage guidance to
Monaghan County Council in relation to the Monaghan DP is key to ensuring proper planning
and sustainable development within the area cover by the DP - as well as meeting the range
of international commitments Ireland has entered into. It is hoped that the above material has
clearly set-out the archaeological heritage issues that need to be addressed within
Monaghan DP.
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You are requested to send any further communications to this Department’s Development
Applications Unit (DAU) at referrals@npws.gov.ie:
Is mise le meas,
Diarmuid Buttimer
Development Applications Unit
Administration