Government of Jersey

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A decision made (05.05.2009) to waive the need for a formal Site of Special Interest application for the re-ordering works at the Town Church.

Decision Ref:	MD–PE–2009-0091
Subject:	List of Sites of Special Interest: The Parish Church of St Helier – Re-ordering Works
Decision Summary Title:	DS – Town Church Re-ordering
DS Author:	Assistant Director
DS Date:	30 April 2009	DS Status:	Public
Written Report Title:	WR – Town Church Re-ordering
WR Author:	Principal Historic Environment Advisor
WR Date	24 April 2009	WR Status:	Public
Oral Rapporteur:	Assistant Director / Principal Historic Environment Advisor
Decision(s):	The Minister waived the need for a formal Site of Special Interest application for the re-ordering works at the Town Church and effectively issued SSI permission on the basis of the assurances given by the Dean and the ecclesiastical processes to which these proposals have been subjected without reference to the Department.
Reason(s) for Decision:	1. The special interest of the Parish Church of St Helier has been assessed through the Church of England’s existing decision making processes in Jersey to bring forward the proposed re-ordering. 2. Works are underway and are carried out at risk to the Church and the Parish. Delay may cause hardship and difficulties. A Waiver system is in development for all denominations in Jersey, but it is believed this case merits being brought forward for consideration. 3. The Minister has expressed a clear decision to relax some secular planning controls for buildings used for worship where the ecclesiastical controls already exist for consideration, consultation and review of proposed changes, where he is satisfied that works are devised, designed and executed to the highest standard and to best conservation practice.
Legal and Resource Implications:	The Minister is empowered and is legally responsible to make planning decisions. The Minister cannot legally transfer his decision-making powers to another body, or in this particular case, to the Church (see Law Officer advice at appendix 3). The Minister is not, therefore, entitled to confirm that the works to the Parish Church of St Helier need not be covered by a SSI consent but the Minister may choose to award permission for such works, notwithstanding no application has been received or that the proposals have been subject to the normal secular process because of the assurances given by the Dean of Jersey that the works are of the highest standard, carefully considered, have been developed in public view and through an established Ecclesiastical Court system. Without formal Law Officer advice there is a risk that this power is not extant, and that in not applying for consent the Church is in breach of planning control.
Action required:	Notify the owner; Notify Development Control
Signature:		Date of SMT approval:
Position:	Minister for Planning and Environment
Date Signed:		Date of Decision (If different to Date Signed):

Parish Church of St. Helier - Re-ordering Works: Site of Special Interest Application Waived

PLANNING AND ENVIRONMENT

List of Sites of Special Interest

The Parish Church of St Helier – Re-ordering Works

Purpose of the Report

This purpose of this report is to provide the Minister with an opportunity to determine whether to waive the requirement for a formal Site of Special Interest application to be made for the re-ordering proposals at the Town Church detailed in the attached Planning and Environment Department Report (at appendix 1), or to effectively award permission on the bases of the assurances received from The Dean of Jersey.

Background

Following consideration of the future management of Listed Buildings in use for worship, the Minister for Planning and Environment has expressed his intent to devise a special Waiver system to ensure the various ecclesiastical denomination might manage the changes to their stock of buildings. Work to bring this about is ongoing.

In the meantime, works to the Parish Church of St Helier have latterly been brought to the Department’s attention in discussions with the Minister, Dean of Jersey and Officers. In addition plans and specifications have only just been supplied by the Parish of St Helier following the request of the Principal Historic Environment Advisor. .

Discussion and recommendation

Works are already underway to enable the re-ordering proposals at the Town Church. It is believed that it is necessary to seek a Ministerial decision for these works as they do not presently enjoy the benefit of any formal SSI permission.

A copy of the proposed Ecclesiastical Waiver system is attached as Appendix 2. This has not been assessed by Law Officers but is offered as a means of dealing with this issue given current and special circumstances of the Parish Church at this time. Under the terms of the proposed Ecclesiastical Waiver system, it is proposed that the Minister could effectively award permission for the re-ordering works at the Town Church without the requirement for a full SSI application within the framework of the Law to allow the works to proceed as planned by the Church in May 2009 and beyond.

The detailed historic environment issues pertinent to a consideration of this issue are set out in the attached report.

It is Recommended that the Minister decides whether to waive the need for a formal SSI Application for the re-ordering works at the Town Church and effectively issues SSI permission on the basis of the assurances given by the Dean and the ecclesiastical processes to which these proposals have been subjected without reference to the Department, or to seek to consider these proposals through a formal SSI application.

Reason(s) for Decision

1. The special interest of the Parish Church of St Helier has been assessed through the Church of England’s existing decision making processes in Jersey to bring forward the proposed re-ordering.

2. Works are underway and are carried out at risk to the Church and the Parish. Delay may cause hardship and difficulties. A Waiver system is in development for all denominations in Jersey, but it is believed this case merits being brought forward for consideration.

3. The Minister has expressed a clear decision to relax some secular planning controls for buildings used for worship where the ecclesiastical controls already exist for consideration, consultation and review of proposed changes, where he is satisfied that works are devised, designed and executed to the highest standard and to best conservation practice.

Legal and resource implications

The Minister is empowered and is legally responsible to make planning decisions. The Minister cannot legally transfer his decision-making powers to another body, or in this particular case, to the Church (see Law Officer advice at appendix 3). The Minister is not, therefore, entitled to confirm that the works to the Parish Church of St Helier need not be covered by a SSI consent but the Minister may choose to award permission for such works, notwithstanding no application has been received or that the proposals have been subject to the normal secular process because of the assurances given by the Dean of Jersey that the works are of the highest standard, carefully considered, have been developed in public view and through an established Ecclesiastical Court system.

Without formal Law Officer advice there is a risk that this power is not extant, and that in not applying for consent the Church is in breach of planning control.

Action Required

Notify the owner;
Notify Development Control

Written by:	Tracey Ingle, Historic Environment Advisor

Endorsed by:	Kevin Pilley, Assistant Director