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L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Listed Buildings and Places: Criteria for Listing and Grading

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

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  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

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The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 6 July 2011 regarding:

Decision Ref:

MD–PE–2011-0063

Subject:

Listed buildings and places: criteria for listing and grading

Decision Summary Title:

DS - Listed buildings and places: criteria for listing and grading

DS Author:

Director

DS Date:

06 July 2011

DS Status:

Public

Written Report Title:

SD - Listed buildings and places: criteria for listing and grading

WR Author:

Principal Historic Environment Officer

WR Date

31st March 2011

WR Status:

Public

Oral Rapporteur:

Director

Decision(s):

The Minister for Planning and Environment;

1        approved the criteria for the listing and grading of heritage assets; and

2        authorised the publication of supplementary planning guidance, to be prepared by officers and to include the approved criteria, setting out how listed buildings and places are identified and designated.

Reason(s) for Decision:

The criteria for listing and grading have been reviewed following consultation in relation to the Historic Environment Review, and are required to be adopted and published to enable the Historic Environment Resurvey, and subsequent designation/ re-designation of the Island’s heritage assets, to progress.

Legal and Resource Implications:

  1. The publication of guidelines is consistent with Article 6 of the Planning and Building (Jersey) Law 2002.
  2. The use and adoption of this guidance will ensure future decisions are taken on Listing buildings or places in a consistent, transparent and fair way.

Action required:

  1. The criteria for listing and grading to be formally adopted and applied, by Jersey Heritage, to the ongoing review of the Island’s heritage assets;
  2. The criteria for listing and grading to be published and to be integrated into a supplementary planning guidance note, to be prepared by the department, setting out how heritage assets are identified and designated.

Signature:

 

Position:

Minister for Planning and Environment

Date Signed:

 

Date of Decision (If different to Date Signed):

 

Listed Buildings and Places: Criteria for Listing and Grading

 

 

Criteria for the listing and grading of heritage assets

April 2011

Introduction

There are six legal reasons for Listing. All Listings will meet one or more of these: historical, architectural, archaeological, traditional, scientific or artistic significance[1].

 

The criteria below give a framework within which the Minister takes professional guidance on making a decision on whether to list a building or place. The term ‘building’ is defined broadly in the Law and can include, walls, fosse, fontaines, bridges, abreuvoirs, slipways etc.

 

Listings will cover five broad areas:

 

(A) Historic interest

(B) Age

(C) Architectural interest

(D) Archaeological interest

(E) Artistic interest

 

 

Principles for Listing Buildings and Listed Places

Listed Buildings or Listed Places are defined as buildings and places of ‘public importance’. For a building or place to be Listed the following criteria will be used to assess each case on its merits. There will be a logical assessment made which will test whether the standard is met.

 

The issues taken into account for Listed Buildings will include:

 

  • The age of the building or place.
  • The history of the site and why is this of interest.  
  • The type of building and how unusual or common it is.
  • An assessment of all aspects of the physical building leading to an appreciation of its architectural interest. 
  • An assessment of all aspects of the place including appreciating its archaeological interest.
  • Important historical associations.
  • An assessment of the landscape / setting of the building or place and its impact on interest.
    • An assessment of whether the building or place is representative of its type, age, style and quality.
    • The Building’s special character and its value within different building types illustrating key phases of architectural or cultural history.  

 

Authenticity and integrity will also be a factor. This can be defined as a building’s closeness to the original built form and fabric. This will add value and be reflected in the statement of significance. On a small Island where land is at a premium the extent to which buildings survive in their original form is limited. Incremental change through many generations can be very positive. In making a judgement as to the historic merit and character of buildings it is essential to assess whether that change has been detrimental or is now part of its interest.

 

The basis for the Listing an archaeological place or site is that it is an intrinsically outstanding site of self evident ‘public importance’[2] or that it is one of best preserved examples of its category defined as of archaeological interest. Listed Places will require assessment of their state of preservation, nature, extent and significance.

 

The issues taken into account for Listed Places (archaeology) will include:

  • An assessment of the state of preservation
  • The existence of archaeological evidence in the form of physical evidence or documentary evidence.
  • The evidence of archaeological activity, the number of artefacts discovered and significant concentrations of artefacts and more than one source of documentary evidence.
  • The period the physical evidence dates to The significance of the site will vary according to its age. 
  • The rarity of the archaeological activity. For example evidence of industrial activity is much less common in Jersey than that for agricultural activity.
  • The level of disturbance which will help understand how much significant archaeology in situ.

 


Listing Criteria

The following detailed Listing Criteria will be applied in a careful assessment of each case. This will ensure that a Listed Building or Place has gone through a rigorous and robust process to ensure the level of protection offered is appropriate. The ultimate aim is to conserve a carefully defined range of the extensive heritage on the Island.

 

 

(A) Historic Interest - To be of special historic interest a building must illustrate significant aspects of Jersey’s social, economic, cultural or military history and / or have close historical associations with important people or events in the Island’s history. Where the interest relates primarily to a person or event, the fabric should also have some special interest in its own right. A singular occurrence or minimal numbers of a building, structure or site will not in itself justify listing.

 

  1. Vernacular - examples of local vernacular buildings and places that meet the some of the other criteria above will normally be Listed because together they uniquely illustrate the importance of Island traditions in type, material and form and use.

 

  1. Setting - the context in which a structure sits can be a critical factor in its evaluation. A structure, whose setting has changed adversely, removing the original contextual character, has a weakened case for inclusion.

 

  1. Group Value - is important where a group of buildings together form townscape, streetscape, sit in designed landscape or form a set piece interaction, or a building in its landscape setting, comprise a formal or informal ensemble whose collective quality is more than the sum of the parts.

 

  1. Cultural Interest - Buildings or structures that are important for reasons of technological innovation, or as illustrating particular aspects of social or economic history may be listed in their own right. In other cases the setting of a structure can offer additional support to a listing especially if the historic context is intact

 

  1. Landscape, Gardens and Parks – much of Jersey’s cherished countryside has been formed from the interactions of humans with the land over the millennia. The Island has internationally significant Neolithic archaeological remains, early medieval field patterns demarcated by banques, fosses all later overlain with military transport systems and communications. In addition there are conscious designed landscapes forming parks and gardens which contribute to the setting and historic importance of a Listed Building or Listed Place. The defined importance of these features, when in concert with historic, archaeological and ecological sites will contribute to a Listing.

 

  1. Selectivity – When there are a group of geographically diverse structures of buildings which qualify for Listing on the strength of special architectural interest multiple examples may be Listed. However, a building may be listed primarily because it represents a particular historical type in order to ensure that examples of such a type are preserved. Listing in the later case is comparative and needs to be selective, with only the most representative or significant examples included.

 

 

(B) Age - the older a building is and the fewer of its type that survive the more likely it is to present a special interest. Age is a major factor in the evaluation process and period definitions are given to aid the assessment but are not intended to be watersheds.

 

  1. All buildings and structures erected before 1700  survive predominantly in their original form are likely to be Listed.

 

  1. Buildings and structures erected between 1700 to 1850 survive in their original form and which are of a definite character either individually or as part of a group are likely to be Listed.

 

  1. As the survival rate increases after 1850 to 1945 greater selectivity will be applied. These will test integrity, rarity and relative age. Architectural quality, or the extent to which particular buildings or types define or make a major contribution to local character and identity, or represent the tangible legacy of formative trends, trades or events, become more significant and are likely to be Listed. 

 

  1. Those buildings erected after 1945 of exceptional quality or importance may be Listed.  Buildings less than 30 years old will only very rarely be registered, if they are of outstanding quality intact and of definite architectural quality and/ or and under threat.

 

  1. Well documented association with important people or events, where the fabric is also of some quality can add weight to the possible Listing. It is however essential that the information is accurate and dependable.

 

It is important to recognise that most historic buildings are the product of incremental change through many generations: the key is to assess whether that change has been detrimental or is now part of its interest

In assessing a building the extent the original intrinsic interest of the building has been compromised by damaging change will be important as will be the quality and sensitivity to the historic context of later additions 

 

 

(C) Architectural interest

 

  1. Exterior: Where buildings are of special interest for their architectural design or style, artistic decoration, craftsmanship, composition, or use of materials and details, whether it be in the vernacular tradition, or as a result of conscious design. Such architectural interest may be enhanced by the contribution of the building to a larger group, or to a townscape or rural setting, or its role as a landmark.

 

  1. Interior: The survival of substantially complete rooms from before 1700, the major elements of historic interiors from before 1850, and interiors of particular quality and interest of later date are likely to justify Listing. Interior design and detailing can add to the case for listing. The survival of for example skirting boards, plasterwork, dado rails, chimneypieces, staircases, doors and architraves, wine cellars, shop and pub fittings and similar elements may well contribute to the character of the whole and support Listing. Furthermore the existence of works of art, sculpture, carving etc which are integral and fixed elements of the design or decoration of historic interiors.  

 

  1. Architectural and scientific interest of the structure: Where the structure of the building contributes significantly to its special interest, because of its distinctive character (for example, the traditional timber-framed interior structure of some warehouses) or technological innovation or virtuosity (for example, the early or experimental use of particular materials or techniques, like cast iron roofs in the early 19th century, or reinforced concrete before the early 20th), whose interest may not necessarily be expressed in high aesthetic quality.

 

  1. Architectural or Cultural Value of the plan form: Where the internal plan form contributes significantly to the special interest of the building, by virtue of its distinctiveness, innovation, or ability to shed light on the cultural traditions of Jersey.  This may not be evident from the exterior but often serves to explain the way in which buildings and groups were meant to function and can be an important element in the overall interest of the building, structure or site.

 

  1. Technology – this must be of importance in design, decoration or crafts, or must display particularly important examples of building types or technique, technological innovation or virtuosity. The use of exceptionally fine materials and / or decoration adds weight to a case for Listing.

 

  1. Architectural innovation - the best examples of various styles of polite architecture and design that meet the some of the other criteria above will normally be included as they show how building and design here has been influenced from elsewhere and has developed locally. Such buildings or structures may include works by known and respected architects and designers.

 

 

(D) Archaeological interest:

 

1        Archaeological Listed Places - Archaeological interest can be found either in standing structures and / or below-ground remains.  Listed Places are to be defined as any building, historic landscape feature, structure, archaeological / environmental deposit or work of any period, whether above or below the surface of the land or sea, and any cave or excavation, or the remains thereof; or any site comprising, or comprising the remains of, any vehicle, machinery, vessel, aircraft or other movable structure which is judged to be of archaeological value.

 

Specifically, the considerations are:

  1. Period - all types of Listed Places that characterise a category or period will be considered

 

  1. Rarity - there are some categories which are so scarce that all surviving examples which still retain some archaeological potential should be preserved. In general, however, a selection will be made which reflects the typical as well as the rare.  This process will take account of all aspects of the distribution of a particular class of archaeological site or building, both in Jersey and beyond.

 

  1. Documentation - the significance of a site or building may be enhanced by the existence of records of previous investigation or, in the case of more recent sites or buildings, by the supporting evidence of contemporary written records

 

  1. Group Value - the value of a single site or building (such as a field system) may be greatly enhanced by its association with related contemporary sites or buildings. In some cases, it will be preferable to protect the complete group, including associated and adjacent land, rather than to protect isolated sites or buildings within the group.

 

  1. Survival/Condition - the survival of a site or building’s archaeological potential both above-and below-ground is a particularly important consideration and will be assessed in relation to its present condition and surviving features.

 

  1. Fragility/Vulnerability - highly important archaeological evidence from some field sites or buildings can be destroyed by a single ploughing or unsympathetic treatment (The Threshold Effect).

 

  1. Diversity - some sites or buildings may be selected for designation because they possess a combination of high quality features, others because of a single important attribute.

 

  1. Potential - there are cases where the nature of the evidence cannot be specified precisely but it may still be possible to document reasons anticipating its existence and importance.

 

  1. Sustainability - some sites or buildings will show greater potential for long term sustainable management, including exploitation of their educational value.

 

  1. Group value - the value of a single site or building (such as a field system) may be greatly enhanced by its association with related contemporary sites or buildings (such as a settlement and cemetery or with sites or buildings of different periods). In some cases, it will be preferable to protect the complete group, including associated and adjacent land, rather than to protect isolated sites or buildings within the group.

 

2 Standing Buildings/ Structures Standing buildings/ structures will have archaeological interest where the fabric of the building, and the land beneath and around it, can be considered to contain unique and valuable evidence about its development, and the culture which produced it, which can be understood through systematic investigation. This will be an important consideration for any building originating before about 1800, and tends to increase with age. It can also be important for some more recent industrial buildings, where the rate of change tends to be rapid, in response to technological change, the evidence for which often remains encapsulated in the fabric.  Archaeological interest can be increased by the building's association with a larger archaeological site.

 

This will be an important consideration for any building originating before about 1800, and tends to increase with age. It can also be important for some more recent industrial buildings, where the rate of change tends to be rapid, in response to technological change, the evidence for which often remains encapsulated in the fabric.  Archaeological interest can be increased by the building’s association with a larger archaeological site.

 

(E) Artistic Interest

 

  1. Art - where a structure, site or building expresses art as its primary role and make a contribution to the cultural values of the Island will be a contributory factor in listing.  This is more than integral artistic or craft integral to architectural design, but art for its own sake and expression.

 

2.                  Craft Skills –When elements of the building or place demonstrate conscious use of skill and creative imagination then this may contribute to Listing values.  Examples may include painted interior of churches, decorated stonework or other craft manifestations.

 

  1. Aesthetic merits – The appearance of a building or place, both its intrinsic architectural merit and any group value will contribute to Listing. For example, does it comprise an important architectural or historic unity or is it a fine example of planning? In some cases the special interest of a building will not be expressed in obvious external visual quality. .

 

NB: The state of repair of a building or structure is not a relevant consideration when deciding whether a building meets the test of special interest.

 


Grading criteria

Each Listed Building or Place will be allocated a non statutory Grade. For example, Grade 1 will be allocated to those buildings or places with Island or international significance and Grade 4 will be allocated to those buildings or places with local townscape significance.

The purpose of allocating each building or place a non-statutory grade is to help determine the significance of the heritage asset to the Island. It will also help to inform the extent to which proposed changes to the site will be controlled and help inform decisions about its future development.

Listed building or place non-statutory grading system

 

Listed building or place (Grade)

Description

Listed building or place (Grade 1)

Buildings and places of exceptional public and heritage interest to Jersey and of more than Island wide importance, being outstanding examples of a particular historical period, architectural style, building type or archaeological site.

 

Listed building or place (Grade 2)

Buildings or places of special public and heritage interest to Jersey, being important, high quality examples of a particular historical period, architectural style, building type or archaeological site, that are either substantially unaltered or whose alterations contribute to the special interest.

 

Listed building or place (Grade 3)

Buildings ore places of special public and heritage interest to Jersey, being important, good quality examples of a particular historical period, architectural style, building type, or archaeological site; but with alternations that reduce the special interest and/or have particular elements worthy of Listing.

 

Listed building or place (Grade 4)

 

Buildings and places of special public and heritage interest to Jersey, being good example of a particular historical period, architectural style or building type; but defined particularly for the exterior characteristics and contribution to townscape, landscape or group value.

 

 

April 2011

 


[1] (Planning and Building (Jersey) Law 2002, Article 51(2) (b)

[2] (Planning and Building (Jersey) Law 2002, Article 51(2) (b)

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