At the end of September it was announced that the Belfast-based shipbuilder famed for building the Titanic, Harland & Wolff, entered into administration for the second time in 5 years.
The administration process relates to the holding company, Harland & Wolff Group Holdings plc, meaning that the companies which run shipyard operations will continue to trade.
The announcement clearly raises a multitude of concerns for those affected, not least the workforce and investors. However, another concern which may be on the minds of Belfast residents is what the future holds for their city skyline.
“Samson and Goliath”, as they are affectionately known, are the pair of huge gantry cranes which reside in the Harland & Wolff shipyard. They dominate the Belfast skies with their yellow brilliance and have become icons of the city since their installation in 1969 and 1974.
With this sentimental picture in mind, I’m happy to reassure that our friends Samson & Goliath are likely to stay where they are, regardless of what happens to the Harland & Wolff business. This is because the cranes are legally recognised as “scheduled historic monuments”.
What is a “Scheduled Historic Monument”?
A scheduled historic monument (SHM) is a site or monument which has been designated as such by the Department for Communities (DfC). The catchy title derives from a site or monument’s inclusion in a published list known as the “Schedule of Historic Monuments” (the Schedule).
The DfC has statutory responsibility – under The Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995 – for all SHMs; with the primary aim being their protection and preservation.
The DfC compiles and maintains the Schedule and the current Schedule for 2024 can be found at Historic Monuments of Northern Ireland (communities-ni.gov.uk). To date, there are 2,053 SHMs, but the work of scheduling is ongoing, meaning the Schedule is always growing.
The criteria employed for assessing sites and monuments includes, but is not limited to: the period in history that a monument characterises; the rarity of the monument; the fragility or vulnerability of a monument; the presence of historical written records or written accounts which places significance on a certain monument.
How are Scheduled Historic Monuments protected?
We now know what a SHM is, but what does SHM status mean in practice and what must we consider when dealing with SHMs?
- Intentional damage to a Scheduled Historic Monument
First and foremost, if a person intentionally destroys or damages a SHM, this is a criminal offence.
A person found guilty of such an offence may be liable to pay a hefty fine or face a prison sentence of up to 2 years (or both).
It is also a criminal offence, punishable by fine, to use a metal detector at or on a SHM without prior consent from the DfC.
- Works to a Scheduled Historic Monument
Much like listed buildings, if there is a SHM on your property, you are limited in what you can do to it and the surrounding land.
As the DfC has statutory responsibility for SHMs, it follows that any works which may have an impact on a SHM require the DfC’s consent.
There are very limited circumstances in which consent is not required for works affecting a SHM, such as certain agricultural works, works urgently required for health and safety or works permitted under a management plan.
Failure to obtain consent for such works is a criminal offence and those found guilty of such offences are liable to a fine.
It is also important to note that, unlike planning permission, consent from the DfC for works to a SHM cannot be granted retrospectively.
- Applying for DfC consent
Consent can only be granted in relation to detailed proposals and unlike planning permission, there is no ability to grant outline consent. The DfC also has the powers under legislation to revoke or modify a consent.
Given the criminal implications of failure to obtain consent, it is prudent to contact the DfC at the earliest opportunity to informally discuss any proposed works. Thereafter, a formal application for consent should be submitted as soon as detailed information of the proposed works is available.
Applications for DfC consent can be made via an application form, available on the DfC website.
The DfC aims to issue a final decision within 12 weeks of the receipt of an application with sufficient information. If an application for consent is rejected, it is possible to appeal to the Planning Appeals Commission.
Conclusion
It would seem that Samson & Goliath are safe for now in the arms of the Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995.
The legislation would require DfC consent to be granted before alterations could be made to the cranes. In terms of major alterations or works, it is hard to envisage a scenario in which the preservation and protection of two of the country’s most famous landmarks could be outweighed by any individual development objectives.
Questions?
Mills Selig can advise you on the status and implications of Scheduled Historic Monuments in Northern Ireland. Please do not hesitate to be in touch with a member of the team if you have any questions.
Editorial prepared by Jayne Paterson, Consultant, Commercial Property @ Mills Selig
If you have any further questions on this topic or require specialist advice, please get in touch with us:
Anna-Marie McAlinden, Partner, Commercial Property and Head of Climate & Energy – Anna-Marie.McAlinden@MillsSelig.com
Jayne Paterson, Consultant, Commercial Property
Jayne has wide-ranging experience acting for private and public sector clients, including acquisitions and disposals, commercial leases and their management (for both landlords and tenants), refinances and supporting corporate transactions.
T: 028 9024 3878
E: Jayne.Paterson@MillsSelig.com
W: www.MillsSelig.com/CommercialProperty
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