Government of Jersey

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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
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A decision made 17 March 2014:

Decision Reference: MD-PE-2014-0024			Application Number: P/2010/1729 (If applicable)
Decision Summary Title :	States of Jersey Airport, Avenue de la Reine, St Peter		Date of Decision Summary:		12/03/2014
Decision Summary Author:	Planner		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)		Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:		Planner
Written Report Title :	Officer Report – P/2010/1729		Date of Written Report:
Written Report Author:	Planner		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: States of Jersey Airport, Avenue de la Reine, St Peter Application Description: Demolish existing arrivals and baggage hall ('1937 Building'). RE-ADVERTISED:Building is now listed (Grade 2).
Decision(s): The Minister has decided to APPROVE the application.
Reason(s) for Decision: Having regard for all of the relevant considerations – including the applicants’ submissions, the comments of objectors and the Department report – the Minister has resolved to APPROVE the planning application. The following REASON FOR APPROVAL will be included within the Decision Notice. Permission has been granted having taken into account the relevant policies of the approved Island Plan, together with other relevant policies and all other material considerations, including the consultations and representations received. The application involves the demolition of a Listed Building – Grade 2. Under normal circumstances, the demolition of such a building – one which has considerable historical and architectural significance – would not be permitted. However, the Minister for Planning and Environment acknowledges the strong case made by the applicants. Specifically, there is a need for Jersey Airport to comply with the requirements of the aerodrome license, as set out within the Air Navigation (Jersey) Order, and the Civil Aviation Authority regulations. The 1937 Building represents a hazardous obstacle which infringes the 1:7 Transitional Surface, and also prevents the proper alignment of the Alpha taxiway, thereby preventing compliance with these regulations. Its retention would severely affect the safety and operational capabilities of Jersey Airport. On balance, the requirements of Jersey Airport are considered to be the over-riding and determinative factor in this instance, and as such, the demolition of the building is considered to be reasonable. Prior to its demolition, a programme of recording of the existing structure will be undertaken to ensure that a record of the building is retained. In addition, the following CONDITIONS & REASONS will be included within the Decision Notice. Prior to the commencement of the development hereby approved, a full record of the building shall be undertaken. This shall take the form of a Standing Building Survey which will be outlined in a Written Scheme of Investigation in response to a Brief produced by the Department of the Environment. Both the Written Scheme of Investigation and the Standing Building Survey shall be submitted to, and approved in writing by, the Minister for Planning and Environment. REASON: To ensure that, prior to its demolition, a full survey of the building is undertaken so that a record is preserved, in accordance with Policy HE 1 of the 2011 Island Plan. If hidden historic features are revealed during the course of works they should be retained in-situ until examined by the Minister for Planning and Environment. Works shall be suspended in the relevant area of the building and the Minister for Planning and Environment notified immediately with a view to agreeing the appropriate action. Thereafter, these features shall be recorded in accordance with the provisions of condition no. 1 above. Failure to do so may result in unauthorised works being carried out and an offence being committed. REASON: To ensure that, in the event that any hidden features are found, they shall be duly examined and recorded under the provisions of Policy HE 1 of the 2011 Island Plan. Any significant features or materials ( as may be identified in accordance with conditions 1 and / or 2 above) which are capable of architectural salvage, shall be carefully salvaged, stored and offered to local heritage bodies ( or other appropriate bodies) free of charge. REASON: To ensure that such features, where appropriate, are not lost and are offered for re-use in an appropriate capacity and location in accordance with Policies GD1 & HE 1 of the 2011 Island Plan. Prior to the commencement of the development hereby approved, a schedule of works which indicates how the site will be ‘made good’ following the demolition, shall be submitted to, and approved in writing by, the Minister for Planning and Environment. This shall include, inter alia, details of new surfacing materials, boundary treatments and security measures for instance. REASON: To ensure that a suitable scheme of making good, once demolition is complete, is provided, in accordance with Policy GD 1 of the 2011 Island Plan. Prior to the commencement of the development hereby approved, a 'Site Waste Management Plan' shall be submitted to, and agreed in writing by, the Minister for Planning and Environment'. Such a plan shall provide details of the following; a) the measures which are to be taken to minimise the wastes arising, and any opportunities for the recycling, re-use or recovery of as much waste material as possible; and b) the opportunities to maximise the on-site management of waste. REASON: In order to accord with the requirements of Policy WM 1 of the 2011 Island Plan.
Resource Implications: None
Action required: Notify Agent, Applicant and all other interested parties
Signature: Deputy R C Duhamel		PLeg / AS Initials		Position: Minister for Planning and Environment
Date Signed:				Date of Decision (If different from Date Signed):

Jersey Airport, Avenue de la Reine, St. Peter: 1937 Building - Arrivals and Baggage Hall - Demolition: Determination of Minister

Department of the Environment

Planning and Building Services

South Hill

St Helier, Jersey, JE2 4US

Tel: +44 (0)1534 445508

Fax: +44 (0)1534 445528

Department of the Environment

Report for Ministerial Meeting

Application Number

P/2010/1729

Site Address	States of Jersey Airport, Avenue de la Reine, St. Peter

Applicant	Minister For Treasury & Resources

Description	Demolish existing arrivals and baggage hall ('1937 Building')

Type	Major Application

Date Validated	25/11/2010

Zones & Constraints	Jersey Airport Water Pollution Safeguard Area

Summary

The application has been with the Department since 2010, but has been held in abeyance for much of that time pending the outcome of the assessment process which has considered whether or not the building should be (re)Listed.

This process has now concluded and, owing to its considerable historical and architectural significance, the ‘1937 Building’ has been granted the status of Listed Building Grade 2.

Under normal circumstances, the demolition of such an important building would not be countenanced.

However, the position of the airport authorities is quite clear. The building is a hazardous obstacle which represents a serious infringement of the ‘Transitional Surface’. In effect, Jersey Airport is not in compliance with the relevant aerodrome licensing requirements. If the building were required to remain in the long term, the operational status of the aerodrome would be severely reduced.

In effect, this would mean, for example, an increase in the number of ‘fog days’ and capacity restrictions on aircraft movements. Jersey Airport estimate that they would lose an additional 200 hours of flying time as a consequence of increased restrictions.

They describe the implications of retaining the building as ‘dire’, and therefore, from their perspective, the removal of this building is of critical importance.

As can be seen, there is a very strong argument to be made either way i.e. preservation in the interests of heritage, vs. demolition on aviation safety grounds.

This is a difficult decision, but on balance, the requirements of Jersey Airport are considered to be over-riding and have greater weight.

Regrettably, therefore, the Department recommends that permission is granted for the demolition of the building.

Department Recommendation

APPROVE the application subject to the conditions stated.

Site Description & Existing Use

The site comprises the original airport terminal building (the ‘1937 building’). Over the decades, the building has been extended on numerous occasions to suit the ever changing requirements of a modern airport. In the last few years, since becoming redundant, the upper levels of the building have been removed (following the construction of new air traffic control facilities).

Proposed Development

The application is for the demolition of the existing arrivals and baggage hall (the ‘1937 building’).

Relevant Planning History

This application was submitted in 2010, but, for much of the period since, it has effectively been held in abeyance pending the outcome of the process to consider whether or not to (re)List the building.

The 1937 Building was previously Listed but it was removed from the Historic Register in 2002. However, more recently its historic value has been re-appraised and, before the current application for demolition could be fully assessed and determined, it was considered important that the historic value of this building be fully understood i.e. in order that the decision maker considering the application for demolition would be fully aware of the historic significance of the building before making his or her decision.

This process has now been resolved, and the building has been granted the status of Listed Building Grade 2.

The implications of this decision are considered in more detail below.

Recently, the following application was approved;

P/2010/0401 – Demolish part of second floor on the West elevation. Demolish part of third floor. Demolish fourth and fifth floors. Construct new piers and gates to the North and reposition security fence. Remove asbestos cladding internally.

Approved 11/02/2011

This application removed the later upper-level additions to the airport which were constructed in the 1960s and 1970s. This had the effect of greatly improving the appearance and setting of the 1937 Building; however, as the Airport authorities have stressed, the works which were approved as part of this application have been undertaken for the purpose of aviation safety and the removal of a hazardous obstacle within the 1:7 Transitional Surface. The intention was not to ‘restore’ the original building.

In a letter dated 05/09/2012, in respect of this issue, Jersey Airport sets out its position as follows;

“Whilst we have removed the 1960s, 70s & 80s additions this was only ever phase one of a two phase project to demolish the entire structure. The old 1937 Terminal Building still represents a major physical non-compliance with the Aerodrome Licensing requirements as set out in the Air Navigation Order / Aerodrome Licence in accordance with the requirements of the International Civil Aviation Organisation (ICAO) Annex 14 and Civil Aviation Publication (CAP) 168 (published by the UK Civil Aviation Authority – UK CAA). Jersey has legal obligations under the ICAO Chicago Convention (1944) relating to aviation safety.

The level of intrusion of the remaining 1937 building into the 1:7 Transitional Surface includes a substantial part of that building, rendering the remaining structure unusable. Additionally it also intrudes into the area where the Alpha Taxi way should be positioned for the width of aircraft using the airfield. In summary, removal of the obstruction would require the total removal of the 1937 building to ground level, or effectively its total demolition and consequent alterations to the existing Arrivals Hall.”

In addition to this application, there have also been numerous other applications at Jersey Airport in recent years. Significant applications, all of which were approved, have included a new hangar and associated concrete aprons and taxiway to southwest corner of airport (P/2007/0091), new security fencing to the airport perimeter (P/2008/1063), two different applications for a new operations building and Air Traffic Control Tower (P/2002/2319 + P/2005/1408) and the new primary distribution substation for the JEC (P/2007/1091).

There is also a further application pending which is for the demolition of the existing airport cargo centre building, and the construction of a new cargo centre and engineering workshop, with associated new parking and infrastructure (P/2013/1614).

Consultations

The Health Protection Team of H&SS, in its letter dated 07/12/2014, recommends that the applicants liaise with Health Protection regarding dust, noise and nuisance mitigation measures.

The Environmental Protection Section of DoE, in its consultation response dated 20/10/2010, states that for an application of this size, a full waste management plan should be provided. It also notes that any asbestos should be dealt with appropriately.

The Historic Environment Team of DoE, in an initial consultation response dated 16/12/2010, ask that the application be held open until the case for Listing has been carefully considered (this process has now concluded).

In an email dated 02/01/2014, HET states that because the application involves the demolition of a Listed Building, a full survey and record of the building should be undertaken before demolition occurs.

HET suggests that the following information should be provided.

The building will be recorded in all elevations; these should be annotated to indicate the likely date or phasing of individual elements.
The building will be recorded in plan at each level (if necessary sketch planned to show lost features). The plan should be annotated to indicate the likely date or phasing of individual elements.
The elevations will be investigated and recorded to indicate features and changes in construction. A separate copy of the drawing should indicate the likely date or phasing of individual elements.
Where significant features remain within the building these should be recorded on plan and one or more section drawings at scale 1:20 / 1:50.
A photographic record should be made of the exterior and interior, both in general views and individual details.
A written report should give an overall summary of the development of the building, any known history and archaeology, and a description of the historic features that have been found. Particular points of interest to be considered would include:

- Construction materials and techniques;

- Evidence of fittings such as doors, windows and staircases, and also door-knobs, window catches etc…;

- Evidence for decoration schemes;

- Evidence for the fitting out of and evolving use of the airport building.

The recommendation for scale 1:20 / 1:50 is a reference to the need to record at a scale of at least 1:20 to accurately capture detail, but that the final drawing may be able to be reproduced at a smaller scale.

HET comments have been reflected in the suggested conditions at the end of this report.

The Policy and Projects Section of DoE has been involved in the listing process (various correspondences on file in connection with this).

All consultations are attached with the background papers

Representations

The Department received 3 letters of representation in 2010 commenting on the application. The application was re-advertised at the beginning of 2014; however, no further comments were received.

All letters of representation and responses are attached with the background papers

Planning Assessment

a) Policy Considerations

GD 1 General Development Considerations

Policy GD1 outlines the general considerations against which all planning applications will be tested. Broadly speaking, the policy highlights the need for the following; ensuring the sustainability of all new development proposals; assessing their impact on the surrounding environment and neighbouring land users; understanding the travel and transport implications of new developments, and; ensuring consideration is given to the design and architecture of all new developments.

At paragraph 3 the policy states that developments should not seriously harm the amenities of neighbouring uses and should, in particular…not affect, to any material extent, the safe operations of Jersey Airport and Jersey harbours.

In this instance, we have been advised that if the 1937 building were to be retained, then this would have serious implications for the future operational safety and capacity of the airport.

GD 2 Demolition and Replacement of Buildings

In broad terms, this policy aims to promote a culture of re-use of buildings rather than demolition and rebuilding and developers should examine the potential of existing buildings to be incorporated into new developments. Proposals for demolition and replacement will need to be properly considered and justified.

In this instance, the case for demolition has to do with the operational capacity and safety of the Airport which is discussed more detail elsewhere within this report.

SP 4 Protecting the natural and historic environment

The policy states that a high priority will be given to the protection of the Island’s natural and historic environment, including heritage assets (archaeology, historic buildings, structures and places) which contribute to, and define, the island’s unique character and identity.

HE 1 Protecting Listed buildings and places

The policy states that there will be a presumption in favour of the preservation of the architectural and historic character and integrity of Listed buildings and places, and their settings.

Proposals which do not preserve or enhance the special or particular interest of a Listed building or place and their settings will not be approved. For instance, permission will not be granted for, inter alia, the total or partial demolition of a Listed building.

In those exceptional cases where there is a loss of the historic fabric of a Listed building or place, the Minister will ensure that the recording of that fabric to be lost is undertaken, as appropriate.

Following a lengthy process, the 1937 building has now attained Listed Building Grade 2 status. Under normal circumstances, the demolition of such an important and significant building would not be countenanced.

However, this fact must be balanced against the exceptional circumstances of the current application and the potentially serious implications for the future operational safety and capacity of Jersey Airport in the event that the building is retained.

As part of his recent decision to list the 1937 building, the Minister considered a Heritage Assessment report, prepared by external consultants in August 2010, in conjunction with Jersey Heritage. That report went into considerable detail, identifying the significant historic and architectural value – including its rarity – of the building.

The concluding Statement of Significance noted that;

“Airports are a building type unique to the twentieth century that defines its history and culture as no other. Some forty local airports had been built in the British Isles by 1939 but only a few airport buildings from this pioneering era of flight survive, including Jersey Airport – giving the building greater importance and rarity. The 1937 terminal with its bold crest and date is the first building seen by most visitors. It is an indication of the wealth of good quality buildings that survive on the island from the inter-war years, when air travel played a part in the island’s expansion as a commercial and tourist centre. It continues to be a mainstay of the island’s culture and mainstay today, and is one of the best-known, perhaps even emblematic buildings.”

In considering the application to demolish this building, the Minister must be fully cognisant of its historical and architectural significance.

TT 15 Operational development at the Port of St Helier and

Jersey Airport

The policy states that operational developments within the operational area of Jersey Airport that enable the safe and convenient operation of these facilities…will be permitted.

The position of the airport authorities are quite clear and have been set in various correspondences, copies of which are included within the background papers.

The case for demolition is set out below.

A Civil Aviation Authority audit, in October 2013, stated the following;

“Previous audit findings have identified a number of significant penetrations of the obstacle limitation surfaces around Jersey Airport. Whilst it is recognised that the airport management team have done a significant amount to reduce the risk associated with these surface penetrations, it is noted that a number remain as detailed on the Aerodrome Licence Variations sheet. Three of the most significant variations are the infringement of the Transitional Surface by Hangar 4 and the Arrivals Building and the infringement of the runway strip by the ‘A’ taxiway.”

As noted, one of the findings relates to the status of the 1937 Building. The airport authorities are required to address the infringement, and they have advised us that this matter has now been raised to ‘Category 2’ non-compliance. The period in which this matter must be addressed is time limited.

Effectively this audit indicated that Jersey Airport is not in compliance with the aerodrome licensing requirements set out in the Air Navigation (Jersey) Order, and that if the 1937 Building looked set to remain in the long term, the operational status of the aerodrome would be reduced.

In effect, this would mean, for example, an increase in the number of ‘fog days’, capacity restrictions on aircraft movements and the use of the Alpha Taxiway. According to meteorological statistics, there is an estimate that the airport would lose an additional 200 hours of flying time as a consequence of increased restrictions.

The implications of retaining the building are described as ‘dire’ and, from the perspective of the airport authorities therefore, the removal of this building is of critical importance.

Policy Summary

Following a formal assessment, it has been recognised that the 1937 Building is of significant historical and architectural importance; as such it has been granted the status of Listed Building Grade 2. Under normal circumstances, the demolition of such an important building would not be permitted.

However, the airport authorities have advised us that the building must be demolished in order for the airport to comply the aerodrome licensing requirements as set out in the Air Navigation (Jersey) Order. If this building were to remain in the long term, then the operational status of the aerodrome would be reduced, which would have serious implications for the future operational safety and capacity of the airport.

This is a difficult application, but, on balance, the requirements of Jersey Airport are considered to have greater weight and, regrettably, the Department recommends that permission is granted for the demolition of the building.

b) Size, scale, form & siting

The application is for the demolition of the existing building. No new structures are proposed.

c) Architectural design and use of materials

n/a

d) Impact in the landscape / street

The impact will be the loss of the existing building.

e) Impact on neighbours

None

f) Access, car parking & highway considerations

n/a

g) Foul sewage & surface water disposal

n/a

h) Landscaping

n/a

i) Archaeology

n/a

j) Waste management

Owing to the quantity of demolition waste which will be generated, a scheme of waste management will be required by condition.

k) Planning Obligations & Percent for Art

n/a

l) Contaminated Land

n/a

m) Sustainability

The loss of the existing building would be regrettable; however, this can be justified in this instance.

n) Other matters

None

Conclusion

The balance on this occasion is between, on the one hand, the retention of an important Listed Building with considerable historic and architectural significance and, on the other hand, the future operational safety and capacity of the airport.

The Department’s view is that it is reasonable to permit the demolition of the airport in the circumstances.

Department Recommendation	APPROVE

Conditions	Prior to the commencement of the development hereby approved, a full record of the building shall be undertaken. This shall take the form of a Standing Building Survey which will be outlined in a Written Scheme of Investigation in response to a Brief produced by the Department of the Environment. Both the Written Scheme of Investigation and the Standing Building Survey shall be submitted to, and approved in writing by, the Minister for Planning and Environment. REASON: To ensure that, prior to its demolition, a full survey of the building is undertaken so that a record is preserved, in accordance with Policy HE 1 of the 2011 Island Plan. If hidden historic features are revealed during the course of works they should be retained in-situ until examined by the Minister for Planning and Environment. Works shall be suspended in the relevant area of the building and the Minister for Planning and Environment notified immediately with a view to agreeing the appropriate action. Thereafter, these features shall be recorded in accordance with the provisions of condition no. 1 above. Failure to do so may result in unauthorised works being carried out and an offence being committed. REASON: To ensure that, in the event that any hidden features are found, they shall be duly examined and recorded under the provisions of Policy HE 1 of the 2011 Island Plan. Prior to the commencement of the development hereby approved, a schedule of works which indicates how the site will be ‘made good’ following the demolition, shall be submitted to, and approved in writing by, the Minister for Planning and Environment. This shall include, inter alia, details of new surfacing materials, boundary treatments and security measures for instance. REASON: To ensure that a suitable scheme of making good, once demolition is complete, is provided, in accordance with Policy GD 1 of the 2011 Island Plan. Prior to the commencement of the development hereby approved, a 'Site Waste Management Plan' shall be submitted to, and agreed in writing by, the Minister for Planning and Environment'. Such a plan shall provide details of the following; a) the measures which are to be taken to minimise the wastes arising, and any opportunities for the recycling, re-use or recovery of as much waste material as possible; and b) the opportunities to maximise the on-site management of waste. REASON: In order to accord with the requirements of Policy WM 1 of the 2011 Island Plan.
Reason for Approval	Permission has been granted having taken into account the relevant policies of the approved Island Plan, together with other relevant policies and all other material considerations, including the consultations and representations received. The application proposes the demolition of Listed Building – Grade 2. Under normal circumstances, the demolition of a building which has such historical and architectural significance would not be permitted. However, the Minister for Planning and Environment acknowledges the arguments made by the applicants, that the building is now a hazardous obstacle, and that its retention would severely affect the safety and operational capabilities of Jersey Airport. On balance, the requirements of Jersey Airport are considered to be the over-riding and determinative factor in this instance, and as such, the demolition of the building is considered to be reasonable. Prior to its demolition, a programme of recording of the existing structure will be undertaken to ensure that a record of the building is retained.
Background Papers	- 1:2500 Location Plan - Site plan showing proposed demolition & realignment of taxiway - Elevation plan showing infringement of 1:7 Transitional Surface - Existing & recent photographs of airport exterior - Historic (1930s) photographs of airport exterior & interior - Consultee comments from HET, Environmental Protection & Environmental Health - 3 letters of representation - Email correspondence between Dept. of the Env. & Jersey Airport - Jersey Airport – Statement about the future of Arrivals and Baggage Reclaim Area (Feb 2010) - 2 letters from the Office of the Director of Civil Aviation (June & October 2010) - Letter from Group Operations Director at Jersey Airport (Sept 2012) - Letter from the Minister for Economic Development (Oct 2013) - Dept. of the Env. Report re: Listing Process & Special Historic Interest of the 1937 building (Nov 2012) - Jersey Heritage Report - Listed Building Schedule inc. Statement of Significance of 1937 building - 2 public representations received in respect of Listing process

Endorsed by:

Date: