Fit for Purpose?


Buildings frequently appear on this site with the information that they are ‘listed for protection.’ This is a fine phrase, but what does it mean in practice? The Citizens Information Board provides a helpful guide, as follows:
‘A protected structure is a structure that a planning authority considers to be of special interest from an architectural, historical, archaeological, artistic, cultural, scientific, social or technical point of view. If you are the owner or occupier of a protected structure, you are legally obliged to prevent it becoming endangered, whether through damage or neglect. This document describes the protection given to these structures under Part IV of the Planning and Development Act 2000.
A structure must be listed on the planning authority’s Record of Protected Structures (RPS) to qualify for protected status under the Act. Each planning authority is obliged to keep a RPS as part of its development plan. The RPS must include every structure in the planning authority’s area which it considers to be of special interest. Inclusion of these structures in the RPS means that their importance is recognised, they are legally protected from harm and all future changes to the structure are controlled and managed through the development control process (for example, planning permission) or by issuing a declaration under Section 57 of the Planning and Development Act 2000.
If a structure is included in the RPS, the protection extends to the interior of the structure; to the land in its curtilage; and to any other structures on that land and their interiors. Curtilage means the land and outbuildings immediately surrounding a structure which is (or was) used for the purposes of the structure. This obligation also applies to all fixtures and features forming part of the interior and exterior of the protected structure or any structure on the grounds attached to it. If there is an urgent need for repairs to a protected structure, a grant may be available under the Structures at Risk Fund.’





‘Owners or occupiers of protected structures are legally required to make sure that the structure does not become endangered through neglect, decay, damage or harm. Generally, if a structure is kept in habitable condition and regular maintenance is carried out (such as cleaning out gutters, repairing missing slates, repainting external timberwork) it should not become endangered.
If a protected structure is endangered, the planning authority can serve a notice on the owner or occupier, requiring them to carry out any work that it considers necessary to protect the structure. The work must be done within 8 weeks of the date of the notice. The planning authority can also service a notice to require the ‘restoration of character’ of the protected structure. This could include removing, changing or replacing any parts of the structure specified in the notice.
Owners or occupiers can make written representations to the planning authority about the terms of the notice. They may request more time or financial help to comply with the notice. In many cases, they may be eligible for a conservation grant. The planning authority will take these representations into account when making their final decision. Owners and occupiers can appeal against the notice to the District Court within 2 weeks of their last response from the planning authority, if they are still not satisfied.
If a notice to prevent a structure from becoming endangered has been ignored, the planning authority can take enforcement action. In the case of endangerment or restoration of character notices, the planning authority can carry out the work itself and recover the costs of the work from the owner or the occupier. In exceptional cases, the planning authority may buy the protected structure from the owner, either by compulsory purchase or by agreement. This would only be done if the planning authority considered it the only way to save a protected structure.
Under the Planning and Development Act 2000, there are penalties for owners or occupiers of protected structures who endanger the structure or who fail to carry out work that has been ordered by the planning authority. If they are found guilty, they could be liable for fines of up to €12.7 million and/or a term of imprisonment of up to 2 years.’




The present legislation concerning protection of listed structures reads well on paper, but how does it perform in practice? The question is pertinent when considering the case of the building shown here today. This is the so-called Penn Castle in Shanagarry, County Cork. The core of the building may be a 15th century tower house built by a branch of the Power family. However in the mid-17th century it passed into the possession of Admiral Sir William Penn whose son, also called William, spent time here in the late 1660s prior to moving to North America where he established what would eventually become the State of Pennsylvania. Penn Castle underwent modifications over the following centuries before in more recent times being acquired by the potter Stephen Pearce. He embarked on an ambitious programme intended to extend the building and create a visitor centre adjacent to his business. Unfortunately in 2008 that business went into receivership and it appears the building has ever since stood empty, incomplete and falling into dereliction.
Penn Castle is listed as a protected structure by Cork County Council, yet it is difficult to see what the authority has done to ensure its protection. To some extent one can sympathise with the council’s predicament. Like equivalents across the state, it has many – often more pressing – claims on time, staff and financial resources to intervene in such situations, of which there are many (the case of Vernon Mount, gutted last year by arsonists, springs to mind). Since 2011 the government has provided assistance through a Structures at Risk Fund (although even this was temporarily suspended in 2014). In theory the fund ought to help. However, in the present year the total amount available – to cover the entire country – is €824,000. Grants may not exceed 80 per cent of project costs and the maximum amount available to any one project is €30,000 (a surprising number of these grants in 2017 have been made to churches). In so far as it is possible to understand, it is up to the owner of a building to apply to the relevant local authority for financial assistance. But what about instances – of which there are a large number – where no assistance is sought? Or where – as was frequently the case during the recent recession – a building falls into limbo owing to the owner’s business failing? Or where, as has also sometimes been seen to happen, the owner would rather the property fell into ruin than be maintained? On those occasions, the relevant local authority is supposed to intervene, but rarely does so. The costs involved in intervention are too high to make it feasible, and there are insufficient trained staff to take charge of such an endeavour. An impression is given that the current legislation on ‘protected structures’ is laudable but unenforceable. On the one hand local authorities are expected to take care of buildings listed for preservation in their area of responsibility, while on the other they possess neither adequate funds nor manpower to do so. Accordingly it must be asked, is the Planning and Development Act 2000 with regard to Protected Structures fit for purpose? And if not, ought it to be revisited and revised so as to ensure better safeguards are put in place for the country’s built heritage? Otherwise it looks like the disparity between theory and practice will continue to grow and properties such as Penn Castle, despite their ‘protected status’, will remain at risk from irreparable neglect.

 

Home to the Waltons


The façade of Walton Court, County Cork. Overlooking Oysterhaven harbor, the house is believed to occupy the site of an earlier tower house constructed by the Roche family. In 1643 land in this area was acquired by Captain Swithin Walton, and it was his descendant Thomas Walton who built Walton Court: on a stone in the pediment are his initials and the date 1776. In the 19th century the property passed by marriage to another local family, the Roberts: it now provides accommodation and food to paying guests. The land in front of Walton Court descends to the water and then looks across the estuary to Newborough House which has recently been restored.

Italy in Ireland


Thanks to the Gulf Stream, an Atlantic Ocean current originating in the Gulf of Mexico, there are portions of Ireland’s south-west coastline that enjoy a more temperate climate than might otherwise be expected. As a result, the area has long attracted garden enthusiasts keen to exploit the opportunities provided. One of those was Belfast-born John Annan Bryce, who having enjoyed a successful business career in Asia, retired to become a Liberal MP and to spend more time in his country of origin. Bryce and his family had already visited this part of County Cork on many occasions when in 1910 he decided to buy a small island called Garnish or Illnacullin (meaning island of holly) off Glengarriff Harbour in Bantry Bay. Until then owned by the British War Office, the island runs to just 37 acres and at the time of its purchase was composed primarily of rock with a Martello Tower erected at the highest point in 1805 during the Napoleonic Wars. Otherwise Ilnacullin had little to recommend it as a site, and certainly bore no resemblance to its appearance today when visitors can easily gain the impression they have somehow stumbled into a garden in Italy.






Bryce’s first task was to make the island capable of supporting plantlife. For three years until the outbreak of the First World War, some 100 workmen were employed to bring over soil from the mainland, as well as to detonate explosives in the rock so that trees could take sufficient root in the cracks created. A large number of Scots and Austrian pines together with wind-resistant Californian conifers were placed around the outer perimeter of the island, thereby creating a shelter for the inner portion where the more formal gardens would be established. Thanks to the protection this dense belt of trees offers camellias, magnolias, azaleas and tree ferns now all flourish in abundance. While Bryce was a highly knowledgeable plantsman, he was not a designer. Therefore he called on the expertise of the English landscape architect Harold Peto who produced a master plan for the island. Not all of Peto’s work was eventually executed: the most notable missing element is a five-storey house meant to have been build adjacent to the Martello Tower (one floor of which was to serve as a music room). Instead the gardener’s cottage was adapted as a residence for the family.






The outstanding aspects of Peto’s design to have been accomplished and still visible are the walled garden and the formal grounds beyond. With stone towers at each corner (one climbs higher than the others to act as a bell tower) the walled garden is entered through a series of gates at mid-point of each wall, those at the top and bottom being more elaborate in design than the other two. That at the lowest point provides access to a wide expanse of lawn at the far end of which is an Italianate pavilion called the Casita, built of Bath stone with oak beams. Loggias on either side lead to the central tea house in which Bryce originally hung his collection of old master drawings. Similarly many pieces of antique sculpture were once generously scattered about the site but many of these had to be sold by the next generation: sufficient remain in situ to give a sense of how it must originally have looked. Meanwhile beyond the Casita lies a sunked garden focussed around a lily pool beyond which steps lead to an open-air gallery where Rosso Antico columns with white marble Ionic capitals frame a view across the bay towards the Caha Mountains. Ilnacullin remained in the ownership of Bryce’s son Roland until his death in 1953 when the island was bequeathed to the Irish state, in the care of which it has remained ever since.


Encouraging Conservation and Preservation


Today sees the start of this year’s National Heritage Week, the aim of which according to the Heritage Council (which coordinates the event) ‘is to build awareness and education about our heritage thereby encouraging its conservation and preservation.’ This is a laudable aspiration and merits everyone’s support. Heritage Week has encouraged some valuable initiatives. As of today, for example, St Lawrence’s Gate, a thirteenth century barbican originally built as part of the defences of Drogheda, County Louth (seen above) is to be permanently closed to vehicular traffic – something which should have happened many years ago – thereby ensuring its better protection. All counties in Ireland participate with enthusiasm in Heritage Week but once the seven days are over, many of our historic buildings revert to a condition of vulnerability. Below is a photograph of the former Church of Ireland church at Castlehyde, County Cork. Originally constructed in 1809 it further benefitted from the attention of George Pain in 1830. Having been closed for services, it has sat empty for some time and is now in imminent danger of collapse. This building is as much part of our heritage as St Lawrence’s Gate, and although likewise listed for protection has been allowed to slip into its present state. It would be beneficial if the goodwill engendered by Heritage Week were put to advantage to ensure more historic properties were given the support required to ensure their long-term future. Obvious ways to do so would be to use this high-profile annual event to highlight specific buildings at risk, and to campaign that local authorities enforce the law regarding protection of listed structures, something that with rare exceptions they currently fail to do so. As the state of the church in Castlehyde shows, until our legislation is matched by implementation every week needs to be Heritage Week.

Close to Death


Immediately above the village of Ballyvourney, County Cork is a shrine to St Gobnait: a shrine and well here still attract many visitors. On a site immediately below the old church and graveyard – and adjacent to a holy well – stand the remains of a once-fine residence, its buttressed south-facing entrance porch incorporating a substantial gothic window. Samuel Lewis’s 1837 Topographical Dictionary of Ireland mentions that the Church of Ireland church above ‘is a very neat edifice, in the early English style, erected in 1824 by aid of a gift of £600 from the late Board of First Fruits. The glebe-house was built at the same time, partly by gift and partly by a loan from the same Board.’ This house was the latter building but sadly the roof has now collapsed and, their immediate surroundings currently occupied by a herd of calves, the walls look set to follow before too long. 

Surrendering to the Elements


Buried in the midst of woodland in north-west County Cork, Lohort Castle has had a turbulent past and, by the look of the place today, is experiencing a none-too secure present. As so often in Ireland, the building’s origins are uncertain. It has been proposed that a castle was constructed here in the late 12th centuries on the instructions of Prince (future King) John, but more likely it was one of the innumerable tower houses that appeared on the Irish landscape in the 15th and 16th centuries. As such it would have been built for the MacCarthys who were then the dominant family in the region. At the time, the castle would have been at the centre of a larger site with other buildings surrounded by an enclosing wall. In plan and form it is typical of the Irish tower house, being rectangular and rising five storeys to a machiolated parapet, with only one small point of access on the ground floor. The building’s most striking feature is its curved external walls, which while unusual are not unique. An engraving from the early 1740s shows it looking much as is still the case today, albeit surrounded by a moat (drained in 1876) and protected by star-shaped Vaubanesque outerworks. The only obvious differences are the stepped gable on the east side of the roof and the chimney stacks: these were added towards the end of the 19th century. 





In the late 1630s Lohort Castle passed out of the hands of the MacCarthys and came into the possession of Sir Philip Perceval, an English adventurer who acquired an extensive estate in Ireland. With the onset of rebellion in 1641 Perceval garrisoned the castle with 150 soldiers but it still fell to the native Irish who remained in occupation until 1650 when besieged by Sir Hardress Waller and his troops. It was written that Waller ‘by the Help of Cannon reduced it in four days’ but there is no evidence of such damage on the exterior walls (which are ten feet thick at the base) so perhaps the threat of cannon fire was enough to encourage surrender. Lohort was duly returned to the Percevals and remained in their hands for several centuries. It was Sir Philip’s grandson, John Perceval, created first Earl of Egmont in 1733, who paid most attention to the building. Formal classical gardens with long straight vistas were laid out in the surrounding grounds while alterations were made inside the main building including the provision of a library and an armoury holding sufficient weapons to equip men. In 1740 the builder John Hickey was hired by Lord Egmont to carry out this work but he miscalculated the costs and the following year was imprisoned for debt. Following the first earl’s death, his son seems to have lost interest in Lohort which was thereafter occupied by an agent.





In the late 19th century, Lohort again changed ownership, being bought by the O’Briens: Sir Timothy O’Brien was a cricketer famous for his short-temper. It was presumably during their tenure that further alterations were made to the original building in the mid-1870s. The need for additional guest accommodation was resolved by an unknown architect designing a large twin-towered gate house at the end of an avenue directly in front of the castle. As well as providing more bedrooms, this building added further drama to the site. The O’Briens were still in ownership when the gatehouse and castle were burnt by the IRA in July 1921 during the War of Independence. However, both were sufficiently sturdy to survive and, after some restoration work, to be habitable once more. This no longer looks to be the case. About a decade ago Lohort was offered for sale, and finally found a buyer at the end of 2011. Either before or after that date some rather aggressive work appears to have been undertaken on the buildings (and to an adjacent stableyard) but then halted. As a result, they are now suffering badly, the gatehouse especially being in pitiful condition. What an English army could not achieve four centuries ago, neglect in our own time may yet accomplish. 

Getting It Right


As its name indicates, the little coastal village of Castletownshend, County Cork grew up around a castle occupied from c.1665 onwards by Richard Townsend, and still in the ownership of his descendants. Castletownshend offers an example of how a small urban settlement can retain its character and charm, and thereby attract visitors who during the summer months throng the place. Located on a small side-street rather grandly called The Mall, the mid-18th century house above has retained much of its original appearance, as is the case for the majority of other properties in the village. A number have benefitted from more recent sympathetic owners such as the house below: dating from the 1880s, prior to independence it was occupied by the Royal Irish Constabulary. Castletownshend is a model of how to get it right.