Government of Jersey

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A decision signed (04.08.08) to list Brew House, Ann Street, St. Helier as a Site of Special Interest instead of as a Building of Local Interest.

Decision Ref:	MD-PE-2007-0075
Subject:	Appeal Against Registration and Intent to List as Site of Special Interest: Brew House, Ann Street, St Helier
Decision Summary Title:	DS – Appeal Against Registration and Intent to List as Sites of Special Interest: Brew House, Ann Street, St Helier
DS Author:	Janet Dore: Principal Historic Buildings Advisor
DS Date:	31/03/08	DS Status:	Public
Written Report Title:	WR - Appeal Against Registration and Appeal Against Registration and Intent to List as Sites of Special Interest: Brew House, Ann Street, St Helier
WR Author:	Janet Dore: Principal Historic Buildings Advisor and Roger Hills: Curator of Historic Buildings
WR Date	31/08/03	WR Status:	Public
Oral Rapporteur:	Janet Dore: Principal Historic Buildings Advisor and Roger Hills: Curator of Historic Buildings
Decision(s):	The Minister for Planning and Environment resolved to; 1. Retain the Brew House on the Historic Buildings Register 2. Re-grade the building as a proposed Site of Special Interest, the special interest of which should apply to all features that are significant to the building’s external and internal character as a brew house tower, including significant equipment and the distinctive internal layout; and 3. Authorise the Service of a Notice of Intention to List accordingly
Reason(s) for Decision:	The Brew House illustrates a significant aspect of Jersey’s social, economic and cultural history as the most significant survival of the Jersey Brewery that began operating 1871. The Brew House is a rare example of an historic industrial building in Jersey and is a locally unique example of industrial design. The Brew House is significant for its architectural design and is significant example of a particular building type with a distinctive interior that has survived with little significant change. Historic Building policy supports the listing of buildings where the structure of the building contributes significantly to its special interest because of its distinctive character, whose interest may not necessarily be expressed in high aesthetic quality.
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):

Brew House, Ann Street. St. Helier - intention to list as SSI

		Item No:
		Date:

PLANNING AND ENVIRONMENT

Appeal against Registration: Brew House, Ann Street, St Helier

Purpose of the Report

This report seeks the Minister’s decision on the outcome of the reconsideration of the Registration of the Brew House, Ann Street, St Helier.

Background

The JHT and MRLAG considered this matter some time ago and recommended that rather than remove the BLI from the Register as requested on behalf of the owners, the Minister should List the building as a Site of Special Interest. It was however unclear at that time whether or not the plant and machinery (brewing equipment) could be included in the Listing, and as this had formed a significant part of the reasoning for proposing SSI status, the matter was deferred pending legal advice.

Discussion

Legal advice has now been received (Ref DM/PLEGENA-127) but remains confidential. It examines various definitions of the word ‘building’ in Jersey Law including Article 1, paragraph 1 of the 2002 Planning and Building Law where the definition includes “(c) the inside of a building, including its internal services” and the General Development Order 2007 which states “Building does not include plant and machinery or a structure or erection in the nature of plant or machinery”. It notes that there is a proviso to both of these – “unless the context otherwise requires” and suggests that this may be appropriate in the case of conserving, protecting and improving Jersey’s character. It also notes that plant and machinery may be considered as part of the internal services referred to in Article 1, paragraph 1 definition above.

It goes on to consider the law relating to fixtures and fittings and chattels.

The conclusion reached is that it is possible for plant and machinery to be part of a building but only as fixtures and fittings and thus each case will be a matter of fact and degree. It further refers to Part 6 of the Law which covers Sites of Special Interest which defines a Site of Special Interest as a building or place included in the List, but does not define building. It goes on to require the Minister to specify the site’s special interest.

Given that the JHT report and schedule clearly specify the special interest, and the advice above indicates that it is ‘possible’ for plant and machinery to be part of a building it remains to weigh the definitions of ‘building’ and the proviso in relation to context. In this case it would appear that the context would require that the plant and machinery are included as part of the building.

Legal and resource implications

The service of a Notice of Intention to List as a Site of Special Interest in this case will allow the owners of the site to consider their position and to take their own legal advice if necessary in relation to the discussion above. Any representation received as a result will be reported in the normal way when the matter is brought back to the Minister.

Recommendation

On the basis of the above and the attached the Minister for P & E is recommended to;

Retain the Brew House on the Historic Buildings Register
Re-grade the building as a pSSI. The special interest of which should apply to all features that is significant to the building’s external and internal character as a brew house tower, including significant equipment and the distinctive internal layout and;
To authorise the service of a Notice of Intent to List accordingly

Reason(s) for Decision

The registration of the Brew House is in accordance with the various published criteria for inclusion in the Historic Buildings Register.
The Brew House satisfies the published criteria for Listing as a SSI for its architectural and historical interest.

Action Required

 Notify the appellant of the decision

 Issue a Notice of Intent to List as SSI

Written by:	Janet Dore: Principal Historic Buildings Advisor

Approved by:	Kevin Pilley, Assistant Director

Endorsed by:

Attachments:

 JHT report

File ref HE0010

07 March 2008