La Hougue Boete, La Rue des Buttes, St. John, listed as site of special interest

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A decision made 27 November 2009 regarding: La Hougue Boete, La Rue des Buttes, St. John, listed as site of special interest.

Decision Ref:	MD–PE–2009-0177
Subject:	List as a Site of Special Interest: La Hougue Boete, La Rue des Buttes, St John
Decision Summary Title:	DS - List as a Site of Special Interest: La Hougue Boete, La Rue des Buttes, St John
DS Author:	Assistant Director
DS Date:	01 December 2009	DS Status:	Public
Written Report Title:	WR – List as a Site of Special Interest: La Hougue Boete, La Rue des Buttes, St John
WR Author:	Assistant Director
WR Date	12 November 2009	WR Status:	Public
Oral Rapporteur:	Assistant Director: Policy and Projects / Head of Historic Buildings (Jersey Heritage)
Decision(s):	The Minister for Planning and Environment determined that La Hougue Boete, La Rue des Buttes, St John be added to the List of Sites of Special Interest on the basis of the further amended site boundary and schedule to exclude any part of the carriageway La Rue des Buttes, St John and also any part of the domestic cartilage of property to the east of La Rue des Buttes.
Reason(s) for Decision:	The special interest of La Hougue Boete, La Rue des Buttes, St John, as defined and in the schedule and 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; it accords with the States Strategic Plan commitment of protecting and enhancing the Island’s built heritage assets. following the representation by the Deputy of St John the Minister is of the view that that area to the east of La Rue des Buttes has already been developed and disturbed and is not of sufficient archaeological interest to warrant Listing as a Site of Special Interest, contrary to the recommendation of the Curator of Archaeology at Jersey Heritage.
Legal and Resource Implications:	Article 51(2)(b) of the Planning and Building (Jersey) Law 2002 enables the Minister to include on the List of Sites of Special Interest those buildings and places that the Minister is satisfied has public importance by reason of the special archaeological, architectural, artistic, historical, scientific or traditional interest that attached to the building or place.
Action required:	Notify the owner Update the List of Sites of Special Interest Notify Development Control
Signature:
Position:	Minister for Planning and Environment
Date Signed:		Date of Decision (If different to Date Signed):	27 November 2009

La Hougue Boete, La Rue des Buttes, St. John, listed as site of special interest

PLANNING AND ENVIRONMENT

List as a Site of Special Interest

La Hougue Boete, La Rue des Buttes, St John

Purpose of the Report

To seek to confirm the Minister’s intention to add La Hougue Boete, La Rue des Buttes, St John to the List of Sites of Special Interest on the basis of an amended site boundary (amended site boundary and schedule at appendix 1).

Background and discussion

The Minister has previously considered reports and representations on this matter at his meeting on 16 September 2009 (details attached at appendix 2) where the Minister resolved to List the site as a Site of Special on the basis of an amended boundary which sought to exclude part of a building from the designation (MD included in appendix 2)

Notice of the amended Listing has been served on the relevant owners. Representations have been received from the Connétable and Deputy of St John in response, attached at appendix 3 and 4 respectively.

These most recent representations do not set out any case against the special interest of the site, which is the matter before the Minister, but rather simply suggest that to include part of a domestic garden and a road within the boundary of an SSI is ‘unreasonable’. The test of ‘reasonableness’ is not germane to a decision as to whether or not to List a site as an SSI but rather whether the site has any special interest which is of public importance to protect. The test of ‘reasonableness’ would only apply if and when the Minister refuses to permit any subsequent operation at the site, which could be tested through the process of an application and, where refused, an appeal.

Jersey Heritage maintains its recommendation that the amended site boundary should be designated on the grounds that the special archaeological interest of this area remains high, as set out in its supplementary report (included in appendix 1) dated 08 July 2009.

Legal and resource implications

Article 51(2)(b) of the Planning and Building (Jersey) Law 2002 enables the Minister to include on the List of Sites of Special Interest those buildings and places that the Minister is satisfied has public importance by reason of the special archaeological, architectural, artistic, historical, scientific or traditional interest that attached to the building or place.

Recommendation

On the basis of the recommendation of Jersey Heritage to add La Hougue Boete, La Rue des Buttes, St John to the List of Sites of Special Interest, based on the amended site boundary, because of the special archaeological interest of the entire area, the Minister is further recommended to confirm the addition of this place to the List.

Reason(s) for Decision

The special interest of La Hougue Boete, La Rue des Buttes, St John, as defined and in the schedule and 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;

It accords with the States Strategic Plan commitment of protecting and enhancing the Island’s built heritage assets.

Action Required

Notify the owner
Update the List of Sites of Special Interest
Notify Development Control

Written by:

Kevin Pilley

Assistant Director (Policy and Projects)

Approved by:

Peter Thorne

Director (Planning and Building Services)

Attachments: Appendix 1: amended SSI plan and schedule

Appendix 2: Reports, papers and Ministerial decision from meeting of 16 September

Appendix 3: Letter dated 19 October from Deputy of St John

Appendix 4: Letter dated 27 October from Connétable of St John

File ref HE0129

Date 12 November 2009