Review of 'protected' building and site designation, processes and criteria

Information about the publication of Ministerial Decisions

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.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

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

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (14/09/2009) regarding: Review of 'protected' building and site designation, processes and criteria.

Decision Ref:	MD–PE–2009-0151
Subject:	Review of ‘protected’ building and site designation, processes and criteria
Decision Summary Title:	DS - Review of ‘protected’ building and site designation, processes and criteria
DS Author:	Tracey Ingle – Principal Historic Environment Advisor and Kevin Pilley – Assistant Director
DS Date:	02 September 2009	DS Status:	Public
Written Report Title:	WR – Review of ‘protected’ building and site designation, processes and criteria
WR Author:	Tracey Ingle – Principal Historic Environment Advisor and Kevin Pilley – Assistant Director
WR Date	16 June 2008	WR Status:	Public
Oral Rapporteur:	Tracey Ingle – Principal Historic Environment Advisor / Kevin Pilley – Assistant Director
Decision(s):	The Minister for Planning and Environment; endorsed the proposals for the review of the ‘protected’ building and site designation, processes and criteria, including the introduction of: a single tier of designation for buildings and sites; a grading system; a revised and consolidated set of assessment criteria, as set out in the Business Case; agreed the objectives that seek to simplify and streamline the listing system, within the context of the Planning and Building (Jersey) Law, 2002; agreed a revised Listing system based on one class of historic environment protection in the form of Sites of Special Interest (SSI), with four non-statutory ‘grades’ of significance; delegated the Principal Historic Environment Advisor to establish the grading for existing listed and registered buildings and to transfer them onto the new Listing system within one month; agreed the streamlined administrative process for the Listing of SSIs, which delegates issuing of Notices of Intent and Listing of non-contentious cases to officers, whilst retaining Ministerial call-in power and determination where representations are received; agrees a revised process for the administration of applications to review the status of an existing or potential heritage asset, including delegation to officers to reject applications where they do not satisfy published criteria; notes and endorses the proposals for area-based protection, based on Areas of Archaeological Potential (AAPs) and Conservation Areas (CAs) and the anticipated workstreams arising thereform, including: progression of proposals for a Conservation Area in St Helier; the potential identification of further CAs outwith the Town; amendment of primary and secondary legislation to effect appropriate designation and regulatory control agreed that a full and comprehensive re-survey of the Island’s heritage assets be undertaken, subject to the availability of finance, to those buildings and sites worthy of protection are on the List and appropriately assessed and graded; authorised the Principal Historic Environment Advisor to liaise with Jersey Heritage to develop the project plan for a full Island review, to effect and consolidate the new Listing system; agreed that some works to the heritage assets of some institutional landowners in Jersey be managed using management agreements and/or a ecclesiastical waiver system, as outlined in the Business Case, subject to legal advice; noted and endorsed the intent to review and update the supplementary planning guidance related to the historic environment; authorised the Assistant Director and the Principal Historic Environment Advisor to liaise with relevant stakeholders regarding the proposed outcomes of the Business Case.
Reason(s) for Decision:	The proposals arising from the review of the ‘protected’ building and site designation, processes and criteria will ensure that the Minister better meets his obligations under the Planning Building (Jersey ) Law 2002 and the Island’s obligations under the terms of international conventions, so far as they relate to the historic environment; The proposals respond to the objectives set by the Minister in his decisions MD-PE-2007-0150 and MD–PE–2008-0156.
Legal and Resource Implications:	The proposed review of the protection regime is within the vires of the Planning and Building (Jersey) Law 2002. Legal advice about the proposed introduction of an ecclesiastical waiver, under the auspices of existing legislation, is pending. Amendment to primary legislation to effect explicit Conservation Area designation is in train. Amendment of the GDO would follow; The proposed work associated with this business case is programmed within existing resources in 2009. The resource implications for the proposed re-survey remain to be precisely determined but will need to be managed within existing budgets in 2009 - 2011.
Action required:	the Principal Historic Environment Advisor to establish the grading for existing listed and registered buildings and to transfer them onto the new Listing system within one month; delegated the Principal Historic Environment Advisor to establish the grading for existing listed and registered buildings and to transfer them onto the new Listing system within one month; the Principal Historic Environment Advisor to implement the streamlined administrative process for the Listing of SSIs, following amendment of the Delegation Agreement; the Principal Historic Environment Advisor to implement the revised process for the administration of applications to review the status of an existing or potential heritage asset; the Principal Historic Environment Advisor to progress the proposals for area-based protection; the Assistant Director and the Principal Historic Environment Advisor to progress amendment of primary and secondary legislation to effect appropriate designation and regulatory control; the Principal Historic Environment Advisor to progress the full and comprehensive re-survey of the Island’s heritage assets, subject to the availability of finance; the Assistant Director and the Principal Historic Environment Advisor to liaise with the Law Officer’s Department to progress the use of management agreements and/or a ecclesiastical waiver system for some institutional landowners; the Principal Historic Environment Advisor to review and update the supplementary planning guidance related to the historic environment; the Assistant Director and the Principal Historic Environment Advisor to liaise with relevant stakeholders regarding the proposed outcomes of the Business Case.
Signature:
Position:	Minister for Planning and Environment
Date Signed:		Date of Decision (If different to Date Signed):