Brew House, Ann Street, St. Helier: List as a Site of Special Interest

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A decision made (13 October 2009) regarding: List as a Site of Special Interest: Brew House, Ann Street, St. Helier.

Decision Ref:	MD–PE–2009-0128
Subject:	List as a Site of Special Interest: Brew House, Ann Street, St Helier
Decision Summary Title:	DS - List as a Site of Special Interest: Brew House, Ann Street, St Helier
DS Author:	Assistant Director
DS Date:	14 July 2009	DS Status:	Public
Written Report Title:	WR – List as a Site of Special Interest: Brew House, Ann Street, St Helier
WR Author:	Assistant Director
WR Date	14 July 2009	WR Status:	Public
Oral Rapporteur:	Assistant Director: Policy and Projects / Head of Historic Buildings (Jersey Heritage)
Decision(s):	The Minister for Planning and Environment resolved to: add Brew House, Ann Street, St Helier to the List of Sites of Special Interest; be minded to review the Listed status of the building if and when works are proposed to be undertaken to the interior of the Brew House which would significantly affect the special interest of the interior space and fittings, but that protection continue to be afforded to the interest of the siting and exterior of the Brew House.
Reason(s) for Decision:	The special interest of Brew House, Ann Street, St Helier, as defined and in the schedule and relative to the published criteria for selection, justifies its inclusion on the List of Sites of Special Interest and Areas of Archaeological Potential in accordance with the provisions and purposes of the Planning and Building (Jersey) Law 2002 and; it accords with the States Strategic Plan commitment of protecting and sympathetically managing the Island’s built heritage assets.
Legal and Resource Implications:	Article 51(2)(b) of the Planning and Building (Jersey) Law 2002 enables the Minister to include on the List of Sites of Special Interest those buildings and places that the Minister is satisfied has public importance by reason of the special archaeological, architectural, artistic, historical, scientific or traditional interest that attached to the building or place.
Action required:	Notify the owner and those making representations Update the List of Sites of Special Interest; Notify Development Control and Environment Department

Signature:
Position:	Minister for Planning and Environment
Date Signed:		Date of Decision (If different to Date Signed):

Brew House, Ann Street, St. Helier: List as a Site of Special Interest

PLANNING AND ENVIRONMENT

List as Site of Special Interest

Brew House, Ann Street, St Helier

Purpose of the Report

The purpose of this report is to enable the Minister to consider the status of the Brew House, Ann Street, St Helier.

Background

The Brew House is currently a Building of Local Interest. In response to an appeal against the registration of this property, lodged in January 2007, work has been undertaken to review its status. In support of the appeal, a standing building assessment undertaken by MoLAS (June 2005) was submitted.

Jersey Heritage has considered the building and in reports dated 18 May 2007 (appendix 1) and 31 March 2008 (appendix 2) have recommended that the building be upgraded by adding it to the Lists of Sites of Special Interest. The recommendations of the Trust have, on each occasion, been supported by the members of MRLAG. The proposed listing is based on the sites architectural and historical interest, as set out in the schedule at appendix 3.

The Minister has previously accepted the recommendation of Jersey Heritage and authorised the Service of Notice of his Intent to List the property in August 2008 (MD-PE-2007-0075). This was re-served on the owner of the building in October 2008.

A request was made for the period of notice to be extended to 09 January 2009. This was duly made and a letter of representation was received on that date (attached at appendix 4).

As a result of this representation, the Minister has visited the building and carried out a thorough internal inspection. Likewise, the interior of the building has again been visited by Jersey Heritage and MRLAG.

Discussion

The representation submitted in respect of the proposed Listing of the Brew House as a Site of Special Interest acknowledges that the site has historical significance and is important in the local townscape scene. The representation is essentially related to the protection of the internal brewing equipment. This is considered, by the appellant, to be unreasonable on the basis that:

Asbestos lagging materials have been extensively used in the building to provide lagging to tanks, pipes and vessels associated with the hot machinery elements of the brewing process. These require removal under the owner’s duty of care. Its removal will affect the integrity of the internal brewing equipment. A simplified report (dated 27 February 2009) on the asbestos content of the building is at appendix 5;
The brew house is purpose built for brewing and the building is incapable of beneficial re-use without the removal of the internal brewing equipment;
The structure of the building is showing serious signs of deterioration (this is not supported by the report on inspection of the existing structure, at appendix 6).

The matter has been re-considered by Jersey Heritage and MRLAG, reflected in the supplementary report which has been prepared by Jersey Heritage (dated 06 May 2009) at appendix 7.

These factors – asbestos contamination, structural condition and beneficial use - are not material to the determination of whether the existing structure, and its fixtures and fittings, have any architectural and historic merit. These are all matters that need to be properly considered within the context of development proposals for the site.

It is, however, considered important to acknowledge at this stage that as a result of these issues that the interior and internal fittings of the brew house may be significantly altered or lost and as such, it is important to ensure that there is an appropriate level of protection that will enable such change, once appropriately weighed and considered within the context of a planning application, to be undertaken in a manner which ensures their proper recording, relative to the special architectural and historic interest of the building.

Recommendation

Having regard to the recommendation of Jersey Heritage, and the views expressed by MRLAG as set out at appendix 7, relative to the representation and additional material received, it is recommended that the Minister for Planning and Environment;

accepts the recommendation of Jersey Heritage to add this site to the List of Sites of Special Interest;
be minded to review the Listed status of the building if and when works are proposed to be undertaken to the interior of the Brew House which would significantly affect the special interest of the interior space and fittings, but that protection continue to be afforded to the interest of the siting and exterior of the Brew House;

Reason(s) for Decision

The special interest of this site, as defined and in the schedule and relative to the published criteria for selection, justifies its inclusion on the List of Sites of Special Interest in accordance with the provisions and purposes of the Planning and Building (Jersey) Law 2002 and;
It accords with the States Strategic Plan commitment of protecting and sympathetically managing the Island’s built heritage assets.

Legal and resource implications

The Minister is empowered to add buildings or places to the List of Sites of Special Interest where he is satisfied they have public importance, having considered all relevant material considerations as set out in the Law. In adding a building or place to the List the Minister is then able to control certain operations not amounting to development in order to protect the special interest of the building or place.

Action Required

Notify the owner
Update the List of Sites of Special Interest
Notify Development Control

Written by:	Kevin Pilley, Assistant Director

Endorsed by: