PLANNING AND ENVIRONMENT
Notice of Intent to List as Site of Special Interest: Fort Regent & South Hill Battery, Le Mont de la Ville, St Helier
Purpose of the Report
This report brings back to the Minister the recommendation to list the above site as a SSI following the receipt of legal advice.
Background
Fort Regent and South Hill Battery have been on the Register as a pSSI for some time. The recommendation to include them in the List as a SSI was reported to the Minister some time ago and whilst he agreed in principle, he wished to make it clear that certain elements should not be included in the protection afforded to a SSI.
As there is no provision in the Law for such exclusions, the matter was deferred pending legal advice.
Discussion
That advice has now been received (ref DM/PLEGENA-138 dated 22 January 2008) but remains confidential. The advice is however that the legal requirement is for the Minister to specify the special interest (positive) of the site, and not to specify the non special interest (negative) of the site. Further it is advised that to attempt to exclude items or areas would be potentially dangerous as by specifically excluding some, by implication all others would be included. The advice goes on to highlight the consideration of whether subsequent activities have an adverse impact on the special interest of the site and the need for express consent.
Thus in summary the legal advice concludes that if a building or site meets the criteria for Listing and the Minister is minded to List then within the defined boundary it should be Listed in total; that the schedule must state what the special interest is in the positive only; that any subsequent proposals for change be considered in relation to their impact on the special interest and be dealt with by an application for express consent.
Thus with the benefit of legal advice, the matter of the proposal to list Fort Regent & South Hill Battery, Le Mont de la Ville, St Helier as a Site of Special Interest (it is currently on the Register as a pSSI) is brought back to the Minister with the original JHT report and recommendation unchanged in relation to this site.
Legal and resource implications
None
Recommendation
- That the Minister confirm his intention to List Fort Regent & south Hill Battery, Le Mont de la Ville as a Site of Special Interest
- Authorises the service of a Notice of Intent to List
Reason(s) for Decision
The special interest of Fort Regent & South Hill Battery, Le Mont de la Ville, St Helier as defined and assessed 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 the States Strategic Plan.
Action Required
Serve a Notice of Intention to List
Written by: | Janet Dore: Principal Historic Buildings Advisor |
| |
Approved by: | Kevin Pilley: Assistant Director |
| |
Endorsed by: | |
Attachments:
JHT report dated 13 July 2007 and schedule
File ref HE1195
07 March 2008