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Fort Regent and South Hill Battery, Mont de la Ville, St. Helier - intention to list as SSI

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A decision made (19.03.08) to list Fort Regent and South Hill Battery, Mont de la Ville, St. Helier as a Site of Special Interest.

Decision Ref:

MD-PE-2007-0163

Subject:

Notice of Intent to List as Site of Special Interest: Fort Regent & South Hill Battery, Le Mont de La Ville, St Helier.

Decision Summary Title:

DS – Notice of Intent to List as Site of Special Interest: Fort Regent & South Hill Battery, Le Mont de La Ville, St Helier.

DS Author:

Janet Dore: Principal Historic Buildings Advisor

DS Date:

05/03/08

DS Status:

Public

Written Report Title:

WR -  Notice of Intent to List as Site of Special Interest Fort Regent & South Hill Battery, Le Mont de La Ville, St Helier

WR Author:

Janet Dore: Principal Historic Buildings Advisor

WR Date

7/03/08

WR Status:

Public

Oral Rapporteur:

Roger Hills: Curator of Historic Buildings, Jersey Heritage Trust & Kevin Pilley: Assistant Director, Policy & Projects

Decision(s):

The Minister for Planning and Environment;

  1. Confirmed his intention to list Fort Regent & South Hill Battery, Le Mont de La Ville, St Helier as a Site of Special Interest.
  2. Authorised the service of the Notice of Intent to List

Reason(s) for Decision:

The special interest of Fort Regent & South Hill Battery, Le Mont de La Ville, St Helier, as defined and assessed 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 the States Strategic Plan.

Legal and Resource Implications:

None

Action required:

Service of Notice of Intention to List

Signature:

 

 

Position:

Minister for Planning and Environment

Date Signed:

 

Date of Decision (If different to Date Signed):

 

Fort Regent and South Hill Battery, Mont de la Ville, St. Helier - intention to list as SSI

 

 

 

Item No:

 

 

Date:

 

PLANNING AND ENVIRONMENT

 

Notice of Intent to List as Site of Special Interest: Fort Regent & South Hill Battery, Le Mont de la Ville, St Helier

 

Purpose of the Report

This report brings back to the Minister the recommendation to list the above site as a SSI following the receipt of legal advice.

 

Background

Fort Regent and South Hill Battery have been on the Register as a pSSI for some time. The recommendation to include them in the List as a SSI was reported to the Minister some time ago and whilst he agreed in principle, he wished to make it clear that certain elements should not be included in the protection afforded to a SSI.

As there is no provision in the Law for such exclusions, the matter was deferred pending legal advice.

 

Discussion

That advice has now been received (ref DM/PLEGENA-138 dated 22 January 2008) but remains confidential. The advice is however that the legal requirement is for the Minister to specify the special interest (positive) of the site, and not to specify the non special interest (negative) of the site. Further it is advised that to attempt to exclude items or areas would be potentially dangerous as by specifically excluding some, by implication all others would be included. The advice goes on to highlight the consideration of whether subsequent activities have an adverse impact on the special interest of the site and the need for express consent.

 

Thus in summary the legal advice concludes that if a building or site meets the criteria for Listing and the Minister is minded to List then within the defined boundary it should be Listed in total; that the schedule must state what the special interest is in the positive only; that any subsequent proposals for change be considered in relation to their impact on the special interest and be dealt with by an application for express consent.

 

Thus with the benefit of legal advice, the matter of the proposal to list Fort Regent & South Hill Battery, Le Mont de la Ville, St Helier as a Site of Special Interest (it is currently on the Register as a pSSI) is brought back to the Minister with the original JHT report and recommendation unchanged in relation to this site.

 

Legal and resource implications

None

 

Recommendation

  1. That the Minister confirm his intention to List Fort Regent & south Hill Battery, Le Mont de la Ville as a Site of Special Interest
  2. Authorises the service of a Notice of Intent to List

 

Reason(s) for Decision

The special interest of Fort Regent & South Hill Battery, Le Mont de la Ville, St Helier as defined and assessed 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 the States Strategic Plan.

 

Action Required

  Serve a Notice of Intention to List

 

Written by:

Janet Dore: Principal Historic Buildings Advisor

 

 

Approved by: 

Kevin Pilley: Assistant Director

 

 

Endorsed by:

 

 

Attachments:

  JHT report dated 13 July 2007 and schedule

 

File ref HE1195

07 March 2008

 

 

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