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Archaeology
in the Planning
Process
Planning
Leaflet 13
Archaeology in the Planning Process This leaflet is a guide to understanding the issues which will arise in the planning process when development is proposed which might affect our archaeological heritage. It is intended as a practical guide and is not a legal interpretation of the legislation referred to.
Archaeology in the Planning Process • 3
1. What is archaeology? Sub-surface sites may sometimes be
Archaeology is the study of past societies detected as crop-marks visible from the
through their material remains and the air or have their presence indicated by the
evidence of their environment. It is not occurrence of artefact scatters in ploughed
restricted solely to ancient periods; it includes land, but (in other cases) may remain
the study of relatively recent societies through, invisible unless uncovered through ground
for example, industrial and military sites. disturbance. Wetland and underwater
environments may contain very well
2. What is the archaeological preserved archaeological sites, monuments
heritage? and objects which are completely invisible
Archaeological heritage comprises all material from the surface. Urban areas may contain
remains of past societies, with the potential to important sub-surface archaeological
enhance our understanding of such societies. deposits and apparently modern, or
It includes the remains of features such as relatively modern structures may contain
settlements, burials, ships and boats and much earlier fabric.
portable objects of all kinds, from the everyday
to the very special. It also includes evidence of 4. Why protect and preserve
the environment in which those societies lived. archaeological heritage?
Our archaeological heritage not only
The terms ‘site’ or ‘monument’ are used enriches our landscapes, townscapes and
generally to refer to fixed structures or areas seascapes but is essential to understanding
of activity, as opposed to particular moveable our past. Only a portion of the material
objects. Historic wrecks are also part of the remains left by our predecessors has
archaeological heritage. survived, so it is vital that we manage what
is left wisely. Since prehistoric people had
3. Are all archaeological sites and no written record to leave behind, we are
monuments visible? entirely dependent on the monuments and
Many archaeological sites and monuments artefacts they did leave. But it is important
have no visible evidence on the ground surface to understand that archaeology addresses
but, nevertheless, important archaeological all periods, and the material remains of all
deposits and features forming the site or past societies contribute to developing our
monument survive below the ground surface. understanding of such societies. Archaeology
For example the earliest archaeological sites attempts to achieve the best possible
in Ireland, from around 10,000 years ago, level of knowledge and understanding of
survive below ground as pits, stake-holes from past societies by assembling all available
temporary dwellings and scatters of stone evidence and analysing it.
tools.
Archaeology in the Planning Process • 4
5. What is the legal protection for local authority or which are subject to a
archaeological heritage? preservation order under the National
The National Monuments Acts Monuments Acts, the prior written consent
Over 120,000 archaeological sites and of the Minister is required for works at or in
monuments are legally protected by way proximity to the monument. Note that this
of inclusion in the statutory Record of means ground disturbance around or in
Monuments and Places, established under proximity to such national monument may
Section 12 of the National Monuments need consent, not just works to the national
(Amendment) Act 1994. monument itself.
Any person (including a landowner) All wrecks more than one hundred years
proposing to carry out, or to cause or to old are legally protected, and must not be
permit the carrying out of, any work at or in interfered with except under licence from the
relation to a Recorded Monument must give Minister for Housing, Local Government and
notice in writing to the Minister for Housing, Heritage.
Local Government and Heritage two months
before commencing that work. A similar Other than when taking place as part
level of protection applies to monuments of activity licenced under the National
included in the Register of Historic Monuments Acts, all finds of archaeological
Monuments, established under Section 5 objects or wrecks more than one hundred
of the National Monuments (Amendment) years old must be reported in accordance
Act 1987, but this contains many fewer with procedures set out in the National
monuments than the Record of Monuments Monuments Acts. Archaeological objects
and Places. must not be altered other than under a
licence issued by the National Museum of
For national monuments in the ownership Ireland.
or guardianship of the Minister or a
Archaeology in the Planning Process • 5
Archaeological excavation (i.e. digging means that protection of the archaeological
etc. to identify or uncover archaeological heritage will always be an important
features, deposits or objects) can only be consideration in planning decisions and
carried out if a licence or consent has been that, where planning permission is granted,
obtained under the National Monuments conditions relating to protection of the
Acts. This requirement applies whether or archaeological heritage may be attached.
not an archaeological excavation relates Other aspects of planning law as it relates
to a known archaeological site. A licence to archaeological heritage are noted further
or consent is required for each particular below.
archaeological excavation, and licences are
issued to qualified archaeologists with an The importance attached to protection of the
appropriate level of experience. A consent archaeological heritage under Irish planning
under the National Monuments Acts might law is consistent with Ireland’s international
be in relation to wider non-archaeological obligations as a state which has ratified the
works but, if archaeological excavation 1992 Council of Europe European Convention
is authorised under it, there will be a on the Protection of the Archaeological
requirement that the latter be carried out by Heritage. The Convention requires states
a qualified archaeologist. which have ratified it to integrate protection
of the archaeological heritage into the
Archaeological objects found in the State are planning and development process.
State property.
6. Where is national policy on the
Separate controls apply in respect of protection of the archaeological
archaeological works connected with heritage in the course of
approved road schemes. development set out and what
are the key points?
The Planning and Development Act National policy on the protection of the
2000 (as amended) archaeological heritage in the course of
In addition to the National Monuments Acts, development is set out in the Framework
the Planning and Development Act 2000, as and Principles for the Protection of the
amended, plays a central role in protecting Archaeological Heritage (Government of
our archaeological heritage. In particular, Ireland 1999), available at: https://www.
the Planning and Development Act 2000, archaeology.ie/sites/default/files/media/
recognises that proper planning and publications/framework-and-principles-for-
sustainable development includes objectives protection-of-archaeological-heritage.pdf.
for the protection of the archaeological See in particular Part III, “Principles for the
heritage. Local authority development plans Protection of the Archaeological Heritage”.
are required to include such objectives. This
Archaeology in the Planning Process • 6
National policy emphasises the non- National policy also makes clear that the
renewable nature of the archaeological costs of archaeological work necessitated
heritage and that there needs to be a by development fall appropriately to the
presumption in favour of its preservation developer.
in-situ. Further, that where preservation
in-situ is not the option chosen, there must 7. What is the Record of
be preservation by record (i.e. archaeological Monuments and Places?
excavation and recording must take place). The Record of Monuments and Places (RMP)
is a statutory list of Monuments and places
The importance of appropriate forms of where monuments may exist, established
archaeological assessment being carried out under Section 12 of the National Monuments
is also emphasised. Such assessment can be (Amendment) Act 1994. There are over
in a variety of forms (from non-invasive to 120,000 Recorded Monuments (and places)
the digging of archaeological test trenches, included in the RMP. The RMP consists of a
as appropriate), and assists in avoiding published county-by-county set of Ordnance
impact of development on archaeological Survey maps, on which monuments and
heritage or, where that is not possible, places are marked by a circle or polygon,
ensuring that preservation by record and an accompanying book for each county
(through archaeological excavation and listing the monuments and places. It should
recording) takes place. It is important to note be borne in mind that the circle or polygon
that archaeological assessment might need does not necessarily define the extent of
to be directed at upstanding structures as the monument or place. (See Question 16
well as to archaeological heritage below the below).
ground, for example to determine whether
upstanding structures in historic urban areas
contain fabric of archaeological significance.
Archaeology in the Planning Process • 7
The RMP is available online in two formats. 8. Is the Record of Monuments
and Places a complete list of
PDF versions of the printed maps and books known archaeological sites and
as issued in accordance with Section 12 monuments?
of the 1994 Act are available at: https:// No. It is very important to understand
www.archaeology.ie/publications-forms- that the RMP does not include all known
legislation/record-of-monuments-and- archaeological sites and monuments, given
places. that further such sites and monuments
are found on an ongoing basis. For that
The RMP maps can also be viewed as a layer reason, it is very important (in the context of
on the Historic Environment Viewer (HEV; for considering proposed development) to take
which see further below) at https://maps. account of all information available on the
archaeology.ie/HistoricEnvironment/. As of Historic Environment Viewer (See Question
the date of publication of this leaflet, this 9).
feature can be accessed by selecting the RMP
layer on the HEV (go to ‘Layer List’ in top 9. What is the Historic
right hand corner) and then: Environment Viewer?
The Historic Environment Viewer (HEV) is
(1) moving the cursor to within the relevant the National Monuments Service’s online
area for the RMP map to be viewed; interactive map/search facility, providing
(2) clicking within that area to bring up a access to all records stored on its national
pop-up window; and database of sites and monuments. It is
(3) clicking on the link provided in the pop- available at: https://maps.archaeology.ie/
up window to open a PDF copy of the HistoricEnvironment/.
required RMP map.
The HEV will provide information not only on
The RMP was based on the results of a those archaeological monuments included
series of surveys carried out by or on behalf in the statutory RMP, but also in regard to
of the National Monuments Service’s many more which have been identified since
Archaeological Survey of Ireland. These the RMP was issued. It is important to take
included the Urban Archaeological Survey, all monuments identified on the HEV into
which identified areas within present account when planning development.
day towns likely to contain sub-surface
archaeological deposits or upstanding The HEV has a feature enabling a ‘zone of
structures of archaeological interest (which, notification’ to be generated on screen, in
as noted above, may be hidden within addition to a centre point dot for the site or
apparently modern structures). The urban monument. In due course, revision of the
areas so identified are included in the RMP.
Archaeology in the Planning Process • 8
statutory Record of Monuments and Places A range of other online map based data
(RMP) will ensure consistency between such is available at the Heritage Maps website
zones and the way in which monuments maintained by the Heritage Council:
and places are marked on the RMP maps. https://www.heritagemaps.ie/WebApps/
Pending this, it is important to adhere to the HeritageMaps/index.html.
areas marked on the RMP maps if these are
wider than the HEV ‘zones of notification’. 11. Limitations of online resources
The zones on the HEV (or marked on the Use of the above online resources is subject
RMP maps) do not constitute buffer zones to acceptance that they may contain errors
completely excluding the possibility of and omissions. Furthermore, the importance
development, though they can be taken as of seeking appropriate professional
indicating areas for particular consideration archaeological advice must be emphasised,
in relation to possible impacts on the site or especially in regard to (but not restricted
monument in question. (See Question 16). to) larger or more complex development
proposals.
10. What other online resources
exist? Even professional archaeologists engaged
The National Monuments Service has made to advise on proposed development need
available online data on known historic to exercise care in using online resources,
wrecks at: https://www.archaeology.ie/ and be sure to supplement them with
underwater-archaeology/wreck-viewer. appropriate archival research. A particular
example of this would be the need forArchaeology in the Planning Process • 9
archaeologists planning pre-development 13. How do I know whether my
archaeological test excavations to ensure proposed development site lies
that they have consulted all appropriate within or close to a Recorded
National Museum of Ireland records of finds, Monument or another known
and not to rely solely on online resources. archaeological site or monument
and what else should I consider
12. How do I know if my doing in relation to trying to
development site includes or is avoid archaeological impacts at
adjacent to a national monument the earliest stage?
that is subject to a preservation You should firstly consult the Historic
order or is adjacent to a national Environment Viewer (HEV) as set out
monument in the ownership or above. However, in regard to larger scale
guardianship of the Minister for developments, engagement of your own
Housing, Local Government and archaeological expertise at an early stage
Heritage or a local authority? is advisable, even in the absence of known
A non-definitive list of national monuments archaeological monuments.
subject to preservation orders made under
the National Monuments Acts is available 14. If my proposed development
here: site lies within or close to a
monument or place on the RMP,
https://www.archaeology.ie/national- another known archaeological
monuments/search-by-county site, monument or historic wreck
where can I access more detailed
National monuments owned by or in the information about it?
guardianship of the Minister will likely In the first instance, the Historic
be identified as such by signage, and are Environment Viewer (HEV) may have more
maintained by the Office of Public Works. detailed information available. If such detail
is not available, arrangements can be made
A range of monuments in local authority (subject to certain limits) to access archive
ownership may be considered to be national material. Inquiries in that regard should be
monuments in such ownership and therefore sent to nmarchive@chg.gov.ie.
subject to consent requirements under the
National Monuments Acts. Examples may
include medieval churches, graveyards and
historic town walls.Archaeology in the Planning Process • 10
Further information on accessing the 16. Is there a standard buffer
National Monuments Service Archive is zone around archaeological
available at: https://www.archaeology.ie/ sites and monuments within
archive-unit. which development should
not occur or which determines
15. I’m considering applying for conclusively whether or not a
planning permission in relation proposed development would
to proposed works close to a have implications for the site or
monument in the RMP, other monument?
known archaeological monument No. There are many factors which can affect
or historic wreck. Where can I the extent of the archaeological potential
get some advice in relation to my in the area around a monument, and which
proposals in advance of lodging a may be relevant as to whether a proposed
planning application? development will be unsuitable on grounds
You should contact the relevant planning of archaeological impact (including visual
authority (city or county council) in the amenity impact in relation to a monument).
first instance. You may also wish to engage These factors include the type and condition
professional archaeological expertise at an of the monument, the landscape, the
early stage. previous land use and the nature and scaleArchaeology in the Planning Process • 11
of the proposed development. The ‘zones therefore involve an appropriate level of
of notification’ which can be viewed on archaeological assessment directed at the
the Historic Environment Viewer (and the identification of previously unidentified
circles etc. drawn on RMP maps), are not archaeological heritage and appropriate
definitive one way or the other as to whether mitigation measures in relation to such
development will be permitted, without heritage, including features which might
the factors noted above also being taken come to light in the course of development.
into account. They do, however, give an
indication that archaeological considerations Even in the absence of a requirement for
may be an important aspect in consideration EIA, large scale development will likely be
of any development proposed with the ‘zone subject to requirements for archaeological
of notification’ or RMP area. assessment in advance of a grant of
permission, by way of requirements for
17. Do particular issues arise in submission of further information. Engaging
relation to major developments? appropriate professional archaeological
Major development projects are generally expertise at an early stage will assist in
subject to a requirement for the carrying dealing with this.
out of environmental impact assessment.
This arises under the European Union 18. Will my planning application
(EU) Directive on Environmental Impact be sent to the Department of
Assessment (EIA), as implemented in Irish Housing, Local Government and
law. As part of the process, the developer Heritage to comment on possible
must prepare an Environmental Impact archaeological implications?
Assessment Report (EIAR) which sets Under the Planning and Development
out details of the project and the likely Regulations 2001, as amended, planning
significant effects of the development on authorities are required to refer planning
the environment, including archaeological applications to certain bodies, in specified
heritage, and the measures proposed to circumstances. This means that, in summary,
mitigate adverse effects. any planning application for proposed
development on, or in the vicinity of a known
The EIA process (and any EIAR) must archaeological monument (whether or not
address impacts and effects on all aspects of protected under the National Monuments
archaeological heritage (including historic Acts) is likely to be referred to the
wrecks), not just impacts and effects in Department of Housing, Local Government
relation to sites and monuments protected and Heritage. Also, proposals for large-scale
under the National Monuments Acts or development, even if not impacting on a
those identified in the Historic Environment known archaeological site or monument,
Viewer (HEV). Preparation of an EIAR must are likely to be referred.Archaeology in the Planning Process • 12 19. What happens to my planning its decision making process in relation to the application if it is referred by application. a planning authority to the Department of Housing, Local 20. Does the planning Government and Heritage? authority have to adhere to The Development Applications Unit in the the recommendations made by Department of Housing, Local Government the Department or otherwise and Heritage co-ordinates the Department’s take account of archaeological evaluation of all referred planning heritage in deciding on a applications. The planning application is planning application? examined with reference to possible impact The planning authority decides on the (including the level and extent of impact) planning application, but key factors in its on both known and as yet unidentified decision include the objectives set in its own archaeological heritage. Based on that development plan and Government and examination, the National Monuments Ministerial policies. As the recommendations Service may make recommendations, which made by the Department will be framed are issued to the planning authority by the with these in mind, it is likely that the Department’s Development Applications Department’s recommendations will Unit. The relevant planning authority strongly guide the planning authority. Where considers these recommendations as part of a decision is made which the Department
Archaeology in the Planning Process • 13
considers is seriously deficient in the way 23. Why might I be asked to
it deals with archaeological heritage, the submit “Further Information” in
Department can appeal to An Bord Pleanála relation to a possible impact on
(though many larger scale developments, the archaeological heritage and
including Strategic Housing Development how do I comply with such a
and Strategic Infrastructure Development request?
are decided at first instance by An Bord This happens where the planning authority
Pleanála and therefore are not subject to considers (possibly arising from a
that appeals process). recommendation from the Department) that
an application raises questions regarding
21. Do planning authorities a possible impact on the archaeological
have their own archaeological heritage which have not been addressed
expertise? sufficiently in the application. A requirement
Some planning authorities do have for further information will frequently
professional archaeologists working within be in the form of a request to submit an
them who will review planning applications archaeological assessment (see Question
and advise the planning authority on them. 6 above for archaeological assessment),
and you will therefore have to engage
22. Could my planning application professional archaeological expertise. If, as
be refused on archaeological part of the assessment, it is necessary to
grounds? carry out archaeological test excavations or
Yes. Examples of where this could happen to use detection devices for archaeological
would include direct impact on a known purposes, relevant licences and consents
archaeological monument, or serious loss under the National Monuments Acts will
of visual amenity of a monument which have to be obtained by the professional
occupies a prominent position in the archaeologists carrying out the assessment.
landscape. However, in many cases it may However, while such work will therefore
be possible to address problems through be regulated by the National Monuments
redesign. Early discussions with the planning Service, the question of whether the further
authority, the taking into account at an early information request has been complied with
stage of the presence of archaeological remains one for decision by the planning
monuments and the engagement of authority.
professional archaeological advice, will all
contribute to avoiding the submission of
planning applications which result in refusal.Archaeology in the Planning Process • 14
24. If I am granted planning likely be accompanied by a further condition,
permission could the permission requiring redesign to avoid impact on any
be subject to conditions archaeological heritage identified by the
relating to the protection of the assessment, or archaeological excavation
archaeological heritage, and if so and recording if impact could not be
what form might these take? avoided.
Yes, a grant of planning permission can
be subject to such conditions. The form If archaeological assessment was carried out
they may take will vary depending on the before the decision on the application and it
circumstances. identified possible impact on archaeological
heritage (but not to an extent necessitating
If it was not possible for necessary refusal) then conditions which would then
archaeological assessment to be carried out be imposed would be directed at minimising
before a grant of permission, a condition impact and mitigating it through the
requiring this might be attached to the carrying out of archaeological excavation
permission, requiring the completion and recording. A variant of this might
of an assessment in advance of the require certain types of features identified
commencement of construction. This would in the course of such archaeologicalArchaeology in the Planning Process • 15
excavations to be preserved in-situ, e.g. 25. What are the implications
significant masonry remains. In some cases, of the presence on lands of
where there is a possibility of impact on Recorded Monuments or other
archaeological heritage but it is not certain, a archaeological sites in relation to
requirement for monitoring by a professional whether development proposed
archaeologist of works will be imposed (with on those lands is exempted
a further requirement for preservation in-situ development under planning
or by record, i.e. through archaeological law?
excavation, of archaeological features etc. Article 6 of the Planning and Development
identified in the course of the monitoring). Regulations 2001, as amended, provides for
a wide range of categories of development
A range of other conditions might also arise, to be exempted from the requirement
such as preventing accidental damage to for planning permission which would
archaeological features not intended to be otherwise arise. However, Article 9 of the
impacted on by the development, or the Regulations removes this exemption where
carrying out of conservation works to above a number of circumstances apply. These
or below ground structures of archaeological include where the development would
interest. consist of or comprise the alteration of any
archaeological site, the preservation or
The developer is liable for the costs of protection of which is an objective of the
archaeological work required under such relevant local authority development plan,
conditions. This will include the costs or consist of or comprise the alteration of
that an archaeologist, engaged by the any archaeological monument included
developer, incurs in carrying out licensed in the statutory Record of Monuments and
archaeological work to the standard required Places (other than in the course of works
by the National Monuments Service. licensed or consented to under the National
Monuments Acts).
However, while archaeological work may
be subject to regulation by the National Accordingly, it is very important to check
Monuments Service, the latter cannot with the relevant planning authority before
alter conditions imposed by the planning proceeding without planning permission
authority and the planning authority retains with any works which would normally be
its responsibility for enforcement of planning exempted development, if it appears at
conditions. all possible that those works could impact
on an archaeological site or monument as
referred to above.Archaeology in the Planning Process • 16 26. Does having a grant of planning permission mean I don’t need any licences or consents under the National Monuments Acts? No. A grant of planning permission does not remove the need to comply with other legislation, where applicable. So a grant of planning permission will not, for example, remove the need for consent from the Minister for Housing, Local Government and Heritage in relation to ground disturbance in proximity to a national monument (such as a town wall) in the ownership of a local authority.
Office of the Planning Regulator Fourth Floor (West Wing) Park House Grangegorman 191-193A North Circular Road Dublin 7 D07 EWV4 opr.ie info@opr.ie 01 854 6700 Disclaimer: Issued January 2021. While every care has been taken in the preparation of this planning information leaflet, the Office of the Planning Regulator assumes no responsibility for and gives no guarantees concerning the accuracy, completeness or up to date nature of the information provided and accepts no liability arising from any errors or omissions. Please notify any errors, omissions and comments by email to info@opr.ie
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