Education, Sport and Culture Department Report |
Subject: | Mont Orgueil Castle – Emergency remedial works |
Exempt Clause: | | Date: | 4 February, 2014 |
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Author: | Rod McLoughlin, Cultural Development Officer |
- Introduction
This report supports a request for emergency funding to undertake repairs at Mont Orgueil Castle under the contract governing management of the two castles (‘the Usufruct agreement’) between the States of Jersey and Jersey Heritage.
- Background
Elizabeth Castle and Mont Orgueil Castle belong to the States of Jersey. There were administered by the Public Services Department (now TTS) until the late 1990s when the States agreed that Jersey Heritage should run the castles as historic attractions. Funds generated from ticket income would contribute to the running and maintenance costs.
Under the Usufruct agreement signed to achieve this, maintenance of Elizabeth Castle and Mont Orgueil Castle is undertaken from a fund (the Ancient Monuments Fund or ‘AMF’) which is fed by 17% of ticket sales from the two castles. Under the agreement, Jersey Heritage is required to undertake normal repairs to the castles and, in addition, to retain a reserve of £100,000 for unforeseen repairs which can only be used with the consent of the Minister for ESC.
However, the agreement also states that in the event of repairs too costly to be undertaken from the AMF, Jersey Heritage may revert to the States for additional assistance. Clause 4.9. states:
“In the event of repairs whether urgent or otherwise being required to the Castles or to either of them which will exceed in cost the whole of the Fund the Trust may apply to Finance and Economics for additional funding”.
From the perspective of the States, the arrangement has been very satisfactory: excluding work required as a consequence of the Mont Orgueil refurbishment, Jersey Heritage has maintained the castles using the AMF and has not had to revert to the States. However, it now faces an urgent repair at Mont Orgueil, the cost of which exceeds the whole of the fund; consequently, it applies to the States for assistance to meet these costs (see project budget at Appendix A).
It is important to recall that the purpose of the Usufruct agreement was to enable the States-owned castles to be made available for the benefit of the public and for a contribution to their maintenance to be generated in the process. However, the agreement is clear on the ultimate maintenance responsibility which lies with the States. Clause 4.7 states:
“…the Trust shall only be liable to utilise monies derived from the [Ancient Monuments] Fund and shall not be obliged to have recourse to any of its other monies or assets so that the obligations and liabilities of the Trust hereunder shall be limited to the extent to which the Fund from time to time can meet the cost of fulfilling and discharging the liabilities…”
Jersey Property Holdings has advised the DfESC that it does not have the funding to support the work and has recommended that an approach be made by the Minister for ESC to the Treasury Minister.
- The Mont Orgueil remedial works
Jersey Heritage undertakes a regular cycle of inspections of all the properties for which it is responsible. The condition of the First Gate at Mont Orgueil Castle has been closely monitored over an extended period because of signs of movement in the masonry and adjoining structure. It is possible that the creation of a car park by the Public Services Department when it was responsible for the castle may have exacerbated the condition of the gate. In any event, it has been monitored since 1997. In December 2012 Jersey Heritage commissioned a report into its condition and proposals for its repair.
The report concluded that “a decision needs to be taken as [to] whether [underpinning] should be carried out, or whether the rate and amount of movement is within acceptable limits.”[1]
Specialist inspections commissioned during the course of 2013 revealed a deterioration. In July 2013, responding to the first inspection, Jersey Heritage introduced temporary boarding around the arch of the gate to protect against possible falling masonry. The matter was raised with ESC and Property Holdings in July 2013; on 17 July the Director of Estates confirmed by email that he had made the Treasury aware of a potential ‘claim’ so it could consider how the remedial works could be funded and any other information that might be required. There was no direct contact on the subject from Jersey Property Holdings as a result but the DfESC forwarded details of the works in December.
Remedial works to underpin the gate and repair integral masonry and the surrounding structure is now urgently required. Antony Gibb states in a letter of 18 December 2013 to Jersey Heritage:
“Both the monitoring engineers, Arup, and the structural engineers, Hockley & Dawson, recommend that under-pinning and associated masonry repair is required now. Certainly the shoring in place under the First Gate arch cannot remain in the long term and would ideally be removed before the castle re-opens next year.”
Jersey Heritage has undertaken a tendering process and Woodrow Burton Associates has supplied a project budget of £405,628.59. Works will be undertaken in two phases: first, the underpinning which will be accomplished within four months; and secondly, repointing of masonry which may be undertaken from March onwards, once the underpinning is completed.
Jersey Heritage expects to maintain public access to the Castle, if necessary using only the rear access route for a time. However, it should be noted that the commercial impact of not completing the work will increase during the summer: current safely measures prevent vehicle access to the Lower Ward and this is likely to impact upon hirings of the Castle which require additional infrastructure (e.g. weddings).
- Ancient Monuments Fund
There is insufficient funding within the AMF to support the remedial works required. The balance of the main fund (excluding the reserve) is being applied in its entirety to an urgent repair at Elizabeth Castle. It should be noted that the Minister for ESC has also given permission for a small amount of the reserve fund (£8,811.02) to be applied to complete this repair.[2] The effective balance on the reserve fund taking into account ongoing maintenance is currently calculated to be £80,000.
Jersey Heritage has no budgetary allowance for maintenance of this magnitude and it now applies to the States for emergency funding under the terms of the Usufruct. The Minister’s approval is required for use of remaining balance on the reserve fund and, on the assumption that it is applied to the project, it will have the effect of reducing the total required from the Treasury but there is an outstanding balance of £325,628.59. The DfESC does not have access within its own cash limit and, therefore, must make a formal request to the Minister for Treasury and Resources for additional funding.
- Recommendation
It is recommended that:
(i) The Minister give his consent to the use of the remaining funds in the AMF reserve (£80,000) to be applied to the Mont Orgueil repairs on the basis that this is an urgent repair.
(ii) The Minister forwards this report to the Minister for Treasury and Resources and requests that the sum of £325,628.59 is provided to Jersey Heritage to fund the emergency repairs and stabilisation.
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