Land Use and Planning

There are three primary land use types that can impact significantly on cultural and natural heritage. These are:

• Development and Infrastructure (Planning)
• Forestry
• Agriculture

Each of these land uses are governed by various regulations and consenting processes, while occasionally there is overlap between them.

Development and Infrastructure (Planning)

Infrastructure and development is primarily regulated by the planning system. The Planning and Development Regulations 2021-2025 defines what constitutes “development” and this can range from housing developments to renewable energy infrastructure, to works to a protected structure. In addition, changes of use are considered development as are some land works such as the drainage of wetlands above 0.5 hectares, or large nature restoration projects.

In addition, marine use is going to be more prominent in the future, and falls broadly under the planning system, albeit guided by parallel marine planning legislation.

The Heritage Council is a prescribed body under the planning and development regulations. Read about our role in the Planning Process.

Forestry

Commercial forestry whether conifer or broadleaved plantation has strong interactions with heritage, particularly in relation to, water ecology, archaeology, designated habitats, and landscape. While there is some overlap with the planning system, forestry impacts on heritage are regulated primarily via the Forestry Act 2014. An application for a forestry licence is made to the Department of Agriculture, Food and the Marine and can be viewed on the Forestry Licence Viewer.

In addition, there are certain licences required for tree felling in a more general sense, which also fall under the Forestry Act.

The Heritage Council is not a listed “consultation body” under the Forestry Act.

Agriculture

Agriculture is the largest land use in Ireland and can be divided broadly into grasslands and croplands. Combined it is estimated that agriculture accounts for approximately two-thirds of Ireland’ land use cover (Source: National Land Use Review). There are a myriad of regulations covering agricultural land use, and there is also overlap with the planning system. The Environmental Impact Assessment (Agriculture) Regulations is the most relevant heritage consenting regime which regulates certain types of agricultural development. This consenting process is managed by the Department of Agriculture, Food and the Marine.

General Legislation and Heritage

There are various other overarching regulations that impact on heritage and have widespread application across all land uses. Two of the most prominent are:

• The Wildlife Act 1976 (as amended)
• Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (as commenced)