Government of Jersey

Information about the publication of Ministerial Decisions

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A decision made (19.03.08) to list 92 Bath Street, St. Helier as a Site of Special Interest.

Decision Ref:	MD-PE-2007-0211
Subject:	Notice of Intent to List as Site of Special Interest: 92 Bath Street, St Helier
Decision Summary Title:	DS – Notice of Intent to List as Site of Special Interest: 92 Bath Street, St Helier
DS Author:	Janet Dore, Principal Historic Buildings Advisor
DS Date:	06/03/08	DS Status:	Public
Written Report Title:	WR – Notice of Intent to List as Site of Special Interest: 92 Bath Street, St Helier
WR Author:	Janet Dore, Principal Historic Buildings Advisor
WR Date	06/03/08	WR Status:	Public
Oral Rapporteur:	Janet Dore, Principal Historic Buildings Advisor
Decision(s):	The Minister for Planning and Environment; Confirmed his intention to list 92 Bath Street, St Helier as a Site of Special Interest Authorised the service of the Notice of Intent to List
Reason(s) for Decision:	The special interest of 92 Bath Street, 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 Intent to List
Signature:
Position:	Minister for Planning and Environment
Date Signed:		Date of Decision (If different to Date Signed):

92 Bath Street, St. Helier - intention to list as SSI

		Item No:
		Date:

PLANNING AND ENVIRONMENT

List as a Site of Special Interest: 92 Bath Street, St Helier

Purpose of the Report

This report seeks the Ministers confirmation his intent to list 92 Bath Street, St Helier.

Background

During the latter part of 2007 reports relating to a number of properties in the Bath Street area were brought before the Minister for his decision on various recommendations regarding the registration of those properties. With the exception of 92 Bath Street all were determined at that time.

At the meeting where the other determinations were made, a verbal representation was received and the Minister deferred his decision so that he could make a site visit. This was subsequently carried out and since then further a written representation has been received. This representation does not however bring forward any new evidence and simply argues the opposite view to that put forward by the JHT and acknowledged in their original report.

As a result of questions about this case and others in relation to parts of a building being worthy of listing whilst others might be less so, legal advice has been sought as to whether it is possible or advisable to try to list only part of a building or to exclude parts by reference to the schedule.

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 92 Bath Street 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 property.

Legal and resource implications

None

Recommendation

 That the Minister’s intention to List 92 Bath Street, St Helier as a Site of Special Interest be confirmed

 That the service of a Notice of Intent to List be authorised

Reason(s) for Decision

The special interest of 92 Bath Street, 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 of the Planning and Building (Jersey) Law 2002 and the States Strategic Plan.

Action Required

 Serve Notice of Intent

Written by:	Janet Dore: Principal Historic Buildings Advisor

Approved by:	Kevin Pilley: Assistant Director

Endorsed by:

Attachments:

 Written representation dated 19 October 2007

 JHT Report

 Schedule & plan

File ref HE0531

06 March 2008