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

Establishment of Ministerial Registration and Listing Advisory Group.

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.

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A decision made (28/06/2006) regarding Establishment of Ministerial Registration and Listing Advisory Group.

Subject:

Establishment of Ministerial Registration and Listing Advisory Group

Decision Reference:

MD-PE-2006-0057

Exempt clause(s):

 

Type of Report (oral or written):

Written and oral

Person giving report (if oral):

Kevin Pilley: Assistant Director (Policy and Projects)

Telephone or

e-mail meeting

n/a

Report

File ref:

L:\Filing\Correspondence\3\04 Design Cons\04 Heritage & Related Groups\01 Heritage Advisory Panel

Written Report

Title:

o Ministerial Registration and Listing Advisory Group: Terms of Reference

o Ministerial Registration and Listing Advisory Group: Code of Conduct

Written report – author:

Kevin Pilley: Assistant Director (Policy and Projects)

Decision(s): To approve the Terms of Reference and the Code of Conduct of the Ministerial Registration and Listing Advisory Group

Reason(s) for decision:

  To enable the establishment of a group of persons with special knowledge about the Island’s cultural heritage assets who can provide the Minister with advice about the special interests of such buildings or places in the process of designation (under the Island Planning (Jersey) Law 1964); listing (under the Planning and Building (Jersey) Law 2002); and registration.

  The Terms of Reference adequately describe the purposes and operation of the Group in itself and relative to other agencies;

  The Code of Conduct establishes a robust framework within which Members of the Group can work.

Action required:

  Determine and invite membership of the Group, in consultation with the Director of the Jersey Heritage Trust;

  On the basis of membership, the Minister is to appoint a President of the Group;

  Publish the Terms of Reference, Code of Conduct and details of membership and office

Signature:

(Minister/ Assistant Minister)

Date of Decision:

28 June 2006

Establishment of Ministerial Registration and Listing Advisory Group.


 

Ministerial Registration and Listing Advisory Group

Terms of Reference

Interim Preface

The following terms of reference have been drafted to reflect the introduction of the new Planning and Building (Jersey) Law 2002 which is scheduled to receive its Appointed Day Act on 01 July 2006.

The legislative context for the operation of the Group under the current legislation (the Island Planning (Jersey) Law 1964, as amended and revised), is different as set out at Interim Appendix 1(a). 

In the interests of securing a more robust, rigorous, transparent and comprehensive process in the registration and/or designation of buildings and sites currently, the Minister wishes to establish the new Group with immediate effect. Accordingly, the Group will begin its existence under the auspices of the current legislation for a limited duration until such time that the new legislation comes into effect: the essence of these terms of reference, as drafted, however, is to apply to the purposes and operation of the Group.

May 2006

Ministerial Registration and Listing Advisory Group

Terms of Reference

Introduction

The Ministerial Registration and Listing Advisory Group (MRLAG) has been established by the Minister for Planning and Environment to provide independent, expert advice on matters relating to the protection of buildings and places of cultural interest in Jersey.

The following terms of reference define the role and operation of the Group and set out its relationship to the Minister and other agencies.

Context

The Minister for Planning and Environment has obligations under the Planning and Building (Jersey) Law 2002; the Convention for the Protection of the Architectural Heritage of Europe (Granada, October 1985); the European Convention on the Protection of the Archaeological Heritage (revised) (Valletta, January 1992); and the Jersey Island Plan 2002 to:

  identify and protect buildings and place of cultural significance (arising from their architectural, archaeological, historical or other relevant interests);

  maintain an inventory of these cultural heritage assets;

  develop public awareness and understanding of the architectural and archaeological heritage

These obligations are, to a large extent, met by the inclusion of our cultural heritage assets on the Register of Buildings and Sites of Architectural, Archaeological and Historic Importance in Jersey. The Register is a complete list of individual sites, buildings and areas which are specifically identified by the Minister as being of cultural heritage value at any one time. Inclusion of a cultural asset on the Register is intended to preserve its contribution to the cultural heritage and amenity of Jersey, and to ensure that it is a material consideration in the planning process where protection is conferred upon buildings and sites of cultural interest either by statutory Listing and/or planning policy.

Statutory Listing: Sites of Special Interest

The most significant buildings and archaeological sites included in the Register are or will be additionally listed as Sites of Special Interest (SSI) in accordance with Policy G11 of the Island Plan, using powers under Article 51 of the Planning and Building (Jersey) Law, 2002,.

This provides detailed influence over their management appropriate to their importance, by extending control to changes of use and works in, over or under the heritage asset which do not constitute ‘development’ as defined in the law. Thus it can extend to work to the fabric and interior of buildings, and interventions in archaeological sites. Site of Special Interest permission will be required for such work as will ‘regular’ planning permission for development proposals which do fall within the definition of development contained within the law.

Planning policy: Registered buildings

Buildings included in the Register that are not statutorily protected (as SSIs) or defined as proposed SSIs (pSSI) are deemed to be Buildings of Local Interest (BLI). These are buildings or sites which substantially retain their historic form and detail, or sufficient for that form and detail to be readily recovered from surviving evidence, and so make a significant and positive contribution to the architectural and historical identity, character and amenity of Jersey.

The Island Plan (Policy G13) imposes a presumption in favour of the preservation of the architectural and historic character and integrity of registered buildings and sites, including BLIs, in the consideration of development applications.

The Island Plan (Policy G11) imposes a presumption against development that would have an adverse impact on the special character of SSIs.

Currently the Register includes some 4,000 cultural heritage assets, approximately eight hundred of which have been selected for Listing as SSIs.

In January 2005 the management of the Register of Buildings and Sites of Architectural, Archaeological and Historical Importance in Jersey was transferred from the Environment and Public Services Committee to the Jersey Heritage Trust (JHT) as the core part of a Service Level Agreement (SLA) aimed at better satisfying the obligations set out above. The core functions of the JHT under the terms of the SLA are to:

· Provide reports, setting out the historic, architectural, archaeological or other relevant interests of a building or site, containing a recommendation to the Minister about the Listing and/or registration of that building or site;

· Provide reports, containing a recommendation to the Minister, about appeals against the Listing and/or registration of that building or site;

The Ministerial Registration and Listing Advisory Group

The Register of Buildings and Sites of Architectural, Archaeological and Historic Importance in Jersey is not static; as knowledge and understanding grows, there will be the need for additions and indeed, there will be the need for occasional deletions and adjustments of grade.

Under the provisions of the Planning and Building (Jersey) Law 2002 the Minister for Planning and Environment may consult with any person having ‘special knowledge’ of a particular building or site, before including it in the List of Sites of Special Interest.. The ‘special knowledge’ required of such persons or bodies should be related to a building or site’s special archaeological, architectural, artistic, historical, scientific or traditional interest (the legal basis for this is set out at Appendix 1).

And clearly, there is value in applying this principle in respect of the Minister’s responsibility to maintain the Register where the application of such ‘special knowledge’ can help to determine whether buildings or sites ought to be registered, deleted from the Register or their ‘grade’ of registration adjusted.

Under the terms of the SLA between the Jersey Heritage Trust and the Minister for Planning and Environment, the JHT may seek specialist advice from other heritage bodies in the preparation of its reports and recommendations to the Minister.

Purpose

On the basis of the above, the principal purposes of the Ministerial Registration and Listing Advisory Group is defined as follows;

· To provide expert advice to the Minister about the historic, architectural, archaeological or other relevant interests of a building or site in relation to Listing and/or registration of that building or site;

· To provide expert advice to the Minister about the historic, architectural, archaeological or other relevant interests of a building or site in relation to appeals against the Listing and/or registration of that building or site;

In essence, the role of the Group will be to offer expert advice to the Minister about the particular interest of a building or site and, based on the collective knowledge of the Group, to express and justify informed views as to whether that building or site is of sufficient merit as a cultural heritage asset to warrant inclusion or retention on the Register and at what grade.

Whilst the Group may consider matters collectively there is no requirement to provide the Minister with a consensual view: thus differences of opinion, based on an expert knowledge and justified accordingly, should be recorded and referred to the Minister. The various views and advice offered by MRLAG will represent a material consideration and is not binding on the Minister.

Roles and responsibilities

The role of the MRLAG will be to provide the Minister with expert advice about the particular interests of a building or place. This role will be undertaken relative to those of the Minister and the Jersey Heritage Trust. For the avoidance of doubt, the relative roles and responsibilities are set out below:

Minister for Planning and Environment

responsible for:

· listing Sites of Special Interest;

· making changes to the Register

 

Jersey Heritage Trust

responsible for:

· recommendations to the Minister about listing Sites of Special Interest;

· recommendations to the Minister about changes to the Register

 

Ministerial Registration and Listing Advisory Group

responsible for:

· the provision of expert independent advice to the Minister about listing Sites of Special Interest;

· the provision of expert independent advice to the Minister about changes to the Register

The provision of advice to the Minister by the MRLAG will be facilitated by the Jersey Heritage Trust, under the auspices of its service level agreement with the Minister to provide him with recommendations.

In practice, this will essentially mean that the JHT will arrange and host the meetings of the Group; its Director will facilitate and manage the meetings to ensure that advice and views are secured and are properly given relative to the purposes of the Group and its terms of reference; and the Curator of Historic Buildings will service the work of the Group through the provision of agendas and supporting papers about the buildings and sites under consideration.

The Minister will appoint a President of the Group who will head up the Group. The President will ensure that the Code of Conduct of the Group is upheld in its workings and will be responsible for the orderly conduct of business. The President may also serve as spokesperson for the Group.

The deliberations of the Group will be recorded by the Trust and the views of the Group in relation to individual buildings and sites will be provided to the Minister as an integral element of the JHT’s report and recommendation to the Minister in respect of each particular case.

The publication of reports to the Minister, including those containing the advice of MRLAG, will be determined in accord with the States of Jersey Code of Practice on Access to Information: accordingly, most, if not all of MRLAGs deliberations will thus be publicly accessible, as will the outcomes of the Minister’s decision-making, which will be communicated back to MRLAG.

Membership

Having regard to the purpose of the Group – to secure expert independent advice about the special interest of buildings and places in Jersey - the Minister, in consultation with the Director of the Jersey Heritage Trust, shall determine its membership based upon the desire to secure comprehensive and expert knowledge about cultural heritage assets in the Island and issue invitations to participate in its work accordingly.

Participation in the work of the Group will be on a voluntary basis.

The JHT Curator of Historic Buildings and Principal Historic Buildings Advisor, the Historic Buildings Officer and/or the Archaeological Field Officer of the Planning and Environment Department shall not serve as members of the Group but may provide professional assistance to facilitate the working of the Group, as appropriate.

Extent of advice

The basis upon which the Minister shall determine whether or not to register or designate a particular building or site (and to consider appeals against registration and Listing) is limited to whether the cultural heritage asset concerned is or is not of architectural, historical or archaeological interest.

Accordingly, the Group will limit its advice and its consideration of the relative value of cultural heritage assets to their special interests. To assist in this process, and to enable consistent and objective analysis, the particular value of buildings and sites should be considered and determined relative to an established set of objective criteria for buildings and sites on the Register: these are set out, in respect of BLIs and SSIs, at Appendix 2.

What may happen to; is proposed for; or become of a cultural heritage asset is not a matter that should concern or cloud the work of the MRLAG and should not influence consideration of a building or place’s special interest. The implications of, for example, a planning application is properly and solely a matter for the development control system, taking into account its local or particular interest as a cultural heritage asset. Planning applications and requests for reconsideration of refusals of permission provide the proper context for wider arguments to be advanced. Such a separation of issues is particularly important in Jersey, where a single tier of government is responsible for both decisions.

May 2006

APPENDIX 1

Legislative context

Article 52(4)(c) of the Planning and Building (Jersey) Law 2002 states, in relation to the Listing of building or place on the List of Sites of Special Interest, that;

In determining whether to include a building or place on the List the Committee –

(c) may consult any person it considers has a special knowledge of or interest in the building or place.

The special knowledge referred to above, at Article 51(2)(b) could relate to any of the following special interests;

The special archaeological, architectural, artistic, historical, scientific or traditional interest that attaches to the building or place.

INTERIM APPENDIX 1(a)

Legislative context

Article 11(4) of the Island Planning (Jersey) Law 1964 (revised edition 31 August 2004) states, in relation to the making of an Order to designate a site of special interest, that;

Before making any Order under paragraph (1), the Committee shall consult with such persons or bodies of persons as appear to it appropriate as having special knowledge of or interest in buildings or places of public importance by reason of the attaching thereto of one of the special interests set out in paragraph (1).

The special interests referred to above, at Article 11(1)(c) include;

The special archaeological, architectural, artistic, cultural, geological, historical, scientific or traditional interest, attaching thereto.

APPENDIX 2

Principles for Registration: Buildings of Local Interest

Buildings included in the Register are those which substantially retain their historic form and detail, or sufficient for that form and detail to be readily recovered from surviving evidence, and so make a significant and positive contribution to the architectural and historical identity, character and amenity of Jersey.

The main criteria for selection are therefore:

Architectural interest: Buildings which are of significance for their architectural design or style, decoration and craftsmanship, composition, or use of materials and details, whether it be in the vernacular or ‘polite’ traditions; but also significant examples of particular building types and techniques, for example those showing technological innovation or virtuosity, whose interest may not necessarily be expressed in high aesthetic quality;

Historic interest: Buildings which illustrate significant aspects of Jersey’s social, economic, cultural or military history. This includes close, documented, historical association with significant people or events, although normally there should be some quality or interest surviving in the physical fabric;

Scenic and group value, particularly where a group of buildings together, or an individual building in its landscape setting, comprise a formal or informal ensemble whose collective quality is more than the sum of the parts.

Not all of these criteria will be relevant to every case, but a particular building may qualify for registration under more than one of them.

The older a building is, the fewer examples of its kind are likely to survive, and thus the more likely it is to have historic importance Thus, the more recent and numerous the building or type, the more rigorous is the selection, so that whilst it is reasonable to protect all surviving pre-1700 buildings (which of course represent only a small fraction of those originally constructed), registration tends to become increasingly selective as age decreases. In Jersey, any building which survives in recognisable form from before the middle of the 19th century will normally be of registerable quality for its historic interest, as well as, normally, meeting at least one of the other principal criteria.

After the middle of the 19th century, because of the greatly increased numbers of buildings constructed, and the larger proportion which has survived, selectivity is necessary, normally based on thematic assessment of particular building types. 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.

Uniqueness and rarity are also important. Public buildings like the States Building or the Public Abattoir are unique, in the sense of being the sole example of the building type represented in Jersey; but rarity can be due to a high attrition rate, leading to few examples surviving of once-common and locally distinctive building types, like warehouses. The overwhelming similarity to English design is distinctiveness in itself, although there are also some French designs: the blend is striking.

After 1920, the number of surviving buildings increases still further and local distinctiveness is less evident. Only a small number of buildings of exemplary architectural quality or great historical interest will be appropriate for registration and the following criteria will be considered.

Where twentieth century buildings are to be included in the Register, it will be a requirement that a high proportion of the original fabric will have survived. In addition, one or more of the following criteria should be satisfied – the criteria are illustrated by examples but these do not represent an exhaustive list:

· The building might be a representative example of a recognisable design or stylistic movement, for example in plan form, spatial arrangement or decorative treatment (eg Les Lumieres, St Brelade or Collins Headquarters in Don Road, St Helier);

· The building might display innovative use of materials (eg patent glazing at Romeril’s showroom in Dumaresq Street) or structural techniques (eg timber Lamella hangar at Jersey Airport);

· The building might be by a well-known architect or designer, in a local or wider context, or be notably individualistic in its design that is outside the mainstream (eg Eric Baker’s Soroptimist House, Pomona Road or Arthur Grayson’s Green Court, Green Street);

· The building might be an unusual building type or a rare survivor (eg Odeon Cinema, Bath Street or Forum Garage, First Tower)

Principles for Listing as Sites of Special Interest: Buildings

Sites of Special Interest are defined as buildings and places of ‘public importance’, having ‘special archaeological, architectural, artistic, historical, scientific or traditional interest’ (Planning and Building (Jersey) Law 2002, Art 51(2) (b)), or a combination of these.

The relevant general criteria may be translated into criteria for Listing of buildings as follows:

Archaeological interest: Where the fabric of the building and the land beneath and around it, which is the primary document for its history and antecedents, contains, or can be expected 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.

Architectural interest of the 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.

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.

Architectural or traditional interest 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. The latter will normally be important in domestic buildings dating from before 1700, and in many cases in those dating from before 1800.

Architectural or artistic interest of the interior: The survival of substantially complete domestic rooms from before 1700, the major elements of historic interiors from before 1840, and domestic interiors of particular quality and interest of later date, are likely to justify Listing, as are the existence of works of art, sculpture, carving etc which are integral and fixed elements of the design or decoration of historic interiors.

Historical interest: Buildings which illustrate significant aspects of or innovations in Jersey’s social, economic, cultural or military history, or where there is close, documented, historical association with significant people or events. This includes interiors associated with such a significant event, or occupation or use by a key figure in the Island’s history, particularly when the interior concerned has survived with little significant change.

Clearly, as with criteria for registration, not all designated buildings will qualify under all these headings, but many will qualify under more than one.

Since Listing is in addition to registration, it is possible to be selective in its use without being inconsistent. A Regency terrace, for example, surviving in recognisable form, would clearly merit registration as a whole; but only those individual houses with substantially surviving historic interiors would warrant consideration for Listing.

Principles for Listing as Sites of Special Interest: Archaeological sites

The basis for the Listing of an archaeological site as a Site of Special Interest will normally be either that it is an intrinsically outstanding site of self evident ‘public importance’ (like La Hougue Bie or Mont Orgueil), or that it is one of best preserved examples of its category included within the Register. Listing of archaeological sites as SSIs will therefore generally require assessment of their state of preservation, nature, extent and significance, as the basis of consideration.

Specifically, the considerations are:

Period: all types of registered sites that characterise a category or period will be considered

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 monument, both in Jersey and beyond.

Documentation: the significance of a site or monument may be enhanced by the existence of records of previous investigation or, in the case of more recent monuments, by the supporting evidence of contemporary written records

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

Survival/Condition: the survival of a monument’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.

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

Diversity; some monuments may be selected for Listing because they possess a combination of high quality features, others because of a single important attribute.

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.

Sustainability: some sites and monuments will show greater potential for long term sustainable management, including exploitation of their educational value.

Most prehistoric, Roman and early medieval sites and monuments will be designated as SSIs. Medieval sites including houses, castles and religious monuments, together with sites of former structures, settlements, field systems etc of sufficient completeness or with suspected potential, either above or below ground will similarly be designated SSIs. Post-medieval monuments or sites which demonstrate the principal stages of development, or are good examples of an individual style or type of military engineering, industrial and agricultural technology or public works will also be designated SSIs. Many of these will include structures which also meet the criteria for SSI Listing as historic buildings.

Ministerial Registration and Listing Advisory Group

Code of Conduct

Introduction

The process of Listing Sites of Special Interest is a statutory decision-making process with a right of appeal to the Royal Court. The process of registering buildings and sites for inclusion in the Register of Buildings and Sites of Architectural, Archaeological and Historical Importance in Jersey is also subject to a right of appeal.

The Code of Conduct is intended to ensure the objectivity and probity of the process by which decisions are made at all stages of the process, including the provision of advice to determine the ‘special interest’ of any such building or site.

The role of members

1. In providing advice on the listing and /or registration of buildings or sites, members of the Ministerial Registration and Listing Advisory Group (‘the Group’) will:

· act fairly and openly;

· approach each case with an open mind;

· carefully weigh up all the material considerations;

· avoid undue contact with interested parties;

· ensure that the basis of advice is clearly stated.

  1. Members shall not give instructions to officers nor shall they place pressure on officers in order to secure a particular recommendation on a matter of listing or registration.
  2. A member will not use his or her position as a member improperly to confer or secure for himself or herself, or for any other person, an advantage or disadvantage.

Lobbying

  1. Landowners and others may wish to approach members to discuss a matter of listing, registration and/ or proposed development before a matter is considered. This could be by way of an approach to an individual member, by telephone, or on a chance meeting, or by way of a request to see all or some of the members of the Group. To avoid compromising their position before they have received all the relevant information, evidence and arguments, members of the Group will:

· do their best to avoid discussing with a landowner or any other person their thoughts about the merits of a planning application or proposed development and/or matters of a building’s or site’s special interest;

· not make it known in advance of the consideration of the listing or registration by the Group whether they support or oppose a proposal and/or the listing and/or registration of a building or site;

· restrict their response to giving procedural advice, and make it clear that that is all they are prepared to do;

· direct lobbyists or objectors to the Assistant Director of Planning/ the Principal Historic Buildings Advisor and/or the Historic Buildings Officer at the Planning and Environment Department, and

· advise the Assistant Director of Planning as soon as possible of the existence of any substantial or abnormal lobbying activity.

  1. Any member of the Group who wishes to express publicly a final view on a matter of listing and/or registration prior to the meeting of the Group at which a collective view about advice on listing and/or registration is to be determined will make a declaration to that effect, and will not take part in the deliberations on that particular matter, withdrawing from the meeting while the matter is discussed. Public expression of a view would include, for example, making a statement of the member's firm attitude to a matter of listing and/or registration in the press, or in any document to be made publicly available, or in any situation where the view expressed might reasonably be expected to gain wider, public circulation.

Site visits

6. All sites are visited by officers as part of the listing and registration process. A site visit by the Group should only be necessary if it is essential to determine the ‘special interest’ of a building or site. Site visits involve delay and additional cost. They should not be undertaken unless really necessary.

  1. A decision to inspect a site will usually be arrived at during the debate and consideration of the appropriate matter at a Group meeting.
  2. If access to private land is necessary for a site visit by members of the Group, officers will secure the prior agreement of the landowner.
  3. Where a site visit has been agreed by the Group, all members of the Group are encouraged to attend, accompanied by appropriate officers.
  4. The purpose of the site visit is principally fact finding. Officers will be able to point out relevant features of the site and surroundings. Members will be able to see the physical features of the site and ask questions of the officers to seek clarification.
  5. No discussion of the merits of the case will be permitted and all questions from members will be put through the facilitator or officers.
  6. The visiting party will stay together as a group.
  7. The members of the Group when on site visits should not make any comments that could create an impression if observed by an outside party that they had already formed a view on the merits of the case. No decision on the advice to be offered should be made until the formal meeting of the Group at which the matter is to be considered, when members will have before them all necessary information to be able to offer informed advice.
  8. If a member finds it necessary to visit a site alone (perhaps because it was not possible for him or her to attend a Group visit), the member should view the site only from public vantage points, seek to avoid any discussion with interested parties, and, if there is such discussion, make it clear that no decision on the merits of the case will be taken until it has been discussed at the Group.

Material submitted to the Group

15. A member receiving material from or on behalf of a landowner or third party in connection with a matter before the Group should establish from the Jersey Heritage Trust whether the material has been received by them. If it has not, the member should make it available as soon as possible to the Trust.

16. Relevant documents in connection with a matter of registration or listing should all be dealt with in the officer's report to the Group. Any additional information received after the preparation of that report up to 1700 on the day before the Group’s meeting will also be brought to the attention of the Group. Papers received after that time will normally be discounted.

Declaration of interests

17. Members should declare any personal, family, property, business or financial interests in matters coming before the Group at the start of the meeting, including any circumstances where they might be professionally or otherwise associated with any particular building or site. If they are uncertain what constitutes such an interest they can contact the President, the Director of the JHT or the Assistant Director of Planning, or raise it with the Group before discussion on that item commences. If it becomes clear at a later stage during the meeting that a member has an interest in an item under discussion, then the member should declare that interest at the first opportunity.

18. When declaring an interest, a member should specify the nature of the interest, and whether it is personal or prejudicial. The notes of the meeting should record what type of declaration was made by any member.

19. If a member declares a prejudicial interest, he or she should withdraw from the meeting while the matter concerned is under discussion. Withdrawal from the meeting involves physically leaving the meeting room. That member should also refrain from discussing and/or corresponding about the matter concerned with other members of the Group before its consideration.

Advice contrary to officer recommendations

20. From time to time, there will be occasions when the Group disagree with the professional advice on a matter of listing and/or registration given by an officer. In such cases the reasons for differing from the professional advice received should be specified in the resolution of the Group and justified relative to the criteria for listing and registration

Matters in which a member has an interest

21. All matters relating to sites and or buildings in which a member of the Group or a close relative or the partner of a member has a personal interest will be drawn to the attention of the President, the Director of the JHT and/or the Assistant Director of Planning by the member concerned in writing.

22. The member concerned will take no part in the consideration of any matter of listing and/or registration.

Whistleblowing

23. A member must, if he or she becomes aware of any conduct by another member which he or she reasonably believes involves a failure to comply with this Code, make a written allegation to that effect to the Director of Planning as soon as it is practicable for him or her to do so.

Reporting advice

24. Advice from the Group will be communicated first to the Minister via the JHT: it will appear as a key material consideration and will be published in accord with the States of Jersey Code of Practice on Access to Information. Factual comments on the advice of the Group to the Minister can be made by officers. Any other public statements about the advice of the group shall be made only by the Director of the Jersey Heritage Trust and/or the President of the Group.

May 2006

 

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