Sites of Special Interest

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A decision made (07.12.06) to approve the proposals to include various places on the List of Sites of Special Interest.

Subject:	Sites of Special Interest
Decision Reference:	MD-PE-2006-0235		Exempt clause(s):
Type of Report: (oral or written)	Written		Person Giving Report (if oral):
Telephone or e-mail Meeting?			Report File ref:	ED\15\02\02
Written report – Title	Notice of Intent to List as Ecological, Geological, Architectural, Archaeological and Historical Sites of Special Interest
Written report – Author (name and job title)	Mike Freeman (Principal Ecologist )
Decision(s): 1. Approve the proposal to include the places set out below:- i) La Mare au Seigneur, St Peter/St Ouen ii) La Mare au Seigneur Coastal Strips 1, 2 and 3, St Peter/St Ouen (3 separate places) iii) Ouaisné, St Brelade iv) Portelet, St Brelade v) Noirmont, St Brelade on the List of Sites of Special Interest by reason of their special interest as defined in the attached schedules, under the provisions of the Planning and Building (Jersey) Law 2002; and 2. approve the serving of the Intention to List Notice in accord with the requirements of the Law.
Reason(s) for decision: The proposal accords with the States Strategic Plan commitment of increasing the number of Sites of Special Interest listed under the provisions of the Planning and Building (Jersey) Law 2002.
Action required: Intention to List Notices to be served in accord with the requirements of the Law; and No sooner than 28 days after the date of service of the Intention to List Notice, a further report will be brought back to the Minister relative to any representations received.
Signature: (Minister/ Assistant Minister)		Date of Decision:

Sites of Special Interest

PLANNING AND ENVIRONMENT DEPARTMENT

ENVIRONMENT DIVISION

Ecological Sites of Special Interest Listing

Public

Purpose of the Report

1. The purpose of this report is to ask the Minister to approve the proposal to include the places set out below:-

i) La Mare au Seigneur, St Peter/St Ouen

ii) La Mare au Seigneur Coastal Strips 1, 2 and 3, St Peter/St Ouen (3 separate places)

iii) Ouaisné, St Brelade

iv) Portelet, St Brelade

v) Noirmont, St Brelade

on the List of Sites of Special Interest by reason of their special interest as defined in the attached schedules, under the provisions of the Planning and Building (Jersey) Law 2002; and

2. approve the serving of the Intention to List Notice in accord with the requirements of the Law.

Background and discussion

International Context

The designation of habitats under the Planning and Building (Jersey) Law 2002 is, inter alia, to satisfy the requirements of the Convention on Biological Diversity (CBD), and the Convention on The Conservation of European Wildlife and Natural Habitats (The Bern Convention ), to which Jersey, through the United Kingdom, is a signatory.

CBD Article 8, In–situ conservation states: “Each contracting party shall, as far as possible and appropriate:

(a) establish a system of protected areas or areas where special measures need to be taken to conserve biological diversity

…….

(k) Develop or maintain necessary legislation and/or other regulatory provisions for the protection of threatened species and populations.

The Bern Convention . Article 4 states “Each Contracting Party shall take appropriate and necessary legislative and administrative measures to ensure the conservation of the habitats of the wild flora and fauna species, especially those specified in Appendices I and II, and the conservation of endangered natural habitats.”

Resolution number 4 (1996) of the Bern Convention resolved to identify a number of natural habitats listed in Annex I as endangered natural habitat types requiring specific conservation measures. The expanded descriptions of the notices of intention to list specify the habitats listed in Annex I of the Bern convention .

Local Context

Article 51 of the Planning and Building (Jersey) Law 2002 states:

(1) The Minister shall maintain a list, called the List of Sites of Special Interest.

(2) The Minister shall include on the List each building or place that the Minister is satisfied has public importance by reason of –

(a) its special zoological, ecological, botanical or geological interest; or

(b) the special archaeological, architectural, artistic, historical, scientific or traditional interest that attaches to the building or place.

(3) On the List the Minister shall, in respect of each site of special interest –

(a) specify the site’s special interest;

(b) describe the site either in words or by reference to a plan, or both, with sufficient particularity to enable it to be easily identified;

(d) specify any activity referred to in Article 55(1) which may be undertaken on the site without the Minister’s permission.

(4) The Minister shall make the List available for inspection by the public at all reasonable hours.

(5) The Minister shall remove a building or place from the List if the Minister is satisfied that its special interest has ceased to exist.

(6) At least 28 days before doing so the Minister shall serve a notice of the Minister’s intention to do so.

(7) The notice shall be served –

(a) on the owner of the building; or

(b) by displaying it in a conspicuous place in or near the building or place.

The attached notices describe the sites , their locations both in words and on a map, and the justification for their inclusion on the list , in accordance with legal requirements.

The identification of all property owners has been a lengthy process, (e.g. 18 separate owners for La Mare au Seigneur and coastal strip) but nearly all have been identified.

In accordance with the Law, notices of intention will be served by post where the owner is known , and by notice if unknown. Courtesy letters have been sent to all the property owners involved and matters raised by the respondents have been resolved in advance of notification.

The Law provides that following the service of notices of intention a period of 28 days is allowed following the serving of notices to appeal the decision . A further report will be brought back to the Minister relative to any representations received.

Relevant Local Strategies and Plans

Strategic Plan 2006 - 2011

Listing of Sites of Special Interest complies with:

· Commitment 1.1.1 and 1.1.2 implement the five Environmental Priorities in the Executive Summary of the “The State of Jersey – a report on the condition of Jersey’s environment (January 2005)” and the “Biodiversity Strategy for Jersey”,

· Commitment 4.5. Increase in the number of Sites of Special Interest (SSI) registered and SSIs and other conservation designations are respected and such sites are protected from damage and development

· Commitment 4.5.2 Designate a further seven ecological, ten geological sites and additional archaeological, architectural or historic Sites of Special Interest in 2006

· Commitment 5.2 Compliance with relevant and reasonable international treaties

Planning and Environment Business Plan

Business Plan ref E2 KPI and Target : Achieve full designation of proposed ecological SSIs

Recommendation

That the Minister approves the listing of the places listed above.

Written by:	M.Freeman (Principal Ecologist)

Approved by:	Chris Newton (Director of environment )

Attachments: Notices of intention to list , site plans , descriptions and justifications for:

i. La Mare au Seigneur, St Peter/St Ouen

ii. La Mare au Seigneur Coastal Strips 1, 2 and 3, St Peter/St Ouen (3 separate places)

iii. Ouaisné, St Brelade

iv. Portelet, St Brelade

v. Noirmont, St Brelade

ED\15\02\02

Ministerial Decision ref: MD-PE-2006-0235

4 December 2006