Outbuilding at Le Bouillon, Rue des Landes, St. Brelade

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (19.03.08) to list the outbuilding at Le Bouillon, Rue des Landes, St. Brelade as a Site of Special Interest.

Decision Ref:	MD-PE-2007-0256
Subject:	List as Site of Special Interest: Outbuilding at Le Bouillon, La Rue des Landes, St Brelade
Decision Summary Title:	DS - List as Site of Special Interest: Outbuilding at Le Bouillon, La Rue des Landes, St Brelade
DS Author:	Janet Dore, Principal Historic Buildings Advisor
DS Date:	06/03/08	DS Status:	Public
Written Report Title:	WR – List as Site of Special Interest: Outbuilding at Le Bouillon, La Rue des Landes, St Brelade
WR Author:	Janet Dore, Principal Historic Buildings Advisor
WR Date	07/03/08	WR Status:	Public
Oral Rapporteur:	Janet Dore, Principal Historic Buildings Advisor
Decision(s):	The Minister for Planning and Environment determined that; Outbuilding at Le Bouillon, La Rue des Landes, St Brelade be added to the List of Sites of Special Interest
Reason(s) for Decision:	1. The special interest of Outbuilding at Le Bouillon, La Rue des Landes, St Brelade 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. 2. It accords with the States Strategic Plan commitment of protecting and sympathetically managing the Island’s built heritage assets.
Legal and Resource Implications:	None
Action required:	Update the List Notify the owner Notify Development Control
Signature:
Position:	Minister for Planning and Environment
Date Signed:		Date of Decision (If different to Date Signed):

Outbuilding at Le Bouillon, Rue des Landes, St. Brelade - listed as SSI

		Item No:
		Date:

PLANNING AND ENVIRONMENT

List as a Site of Special Interest: Outbuilding at Le Bouillon, La Rue des Landes, St Brelade

Purpose of the Report

This report seeks the Ministers confirmation of the listing of the Outbuilding at Le Bouillon, La Rue des Landes, St Brelade

Background

During 2007 a report was brought to the Minister with a recommendation that the outbuilding at Le Bouillon be listed as a Site of Special Interest. The Minister agreed the recommendation to list and the Notice of Intent was duly served and as a result one representation has been received from MS Planning acting for the owners. The delay in bringing this back for a decision relates in part to the owners apparently not having received the Notice and to the legal advice which was awaited in relation to the question of whether only part of a building might be designated.

That representation accepts that the building is of historic and architectural merit and does not take issue with the description put forward. It does however question the dating, suggesting that pegged roofs evolved in the early 18th century and were a common form of construction until the mid 19th century and are not unusual.

It goes on to suggest that the building is already sufficiently protected under Policy G13 as a Building of Local Interest and that SSI designation would impose a further layer of ‘planning bureaucracy’. It suggests that the report fails to explain the ‘special’ significance and that the case for SSI designation has not been made.

Discussion

As a result of the above representation, the report & schedule from the JHT have been amended to clarify the points raised, but the recommendation remains unchanged.

The legal advice mentioned above 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.

It is on the basis of the clarification to the JHT report and the legal advice received that this matter is brought back to the Minister with the recommendation as noted below.

Legal and resource implications

None.

Recommendation

The Outbuilding at Le Bouillon, La Rue des Landes, St Brelade

be added to the List of Sites of Special Interest.

Reason(s) for Decision

1. The special interest of The Outbuilding at Le Bouillon, La Rue des Landes, St Brelade, 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 Buildings (Jersey) Law 2002.

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

Action Required

 Update the List

 Notify the owner

 Notify Development Control

Written by:	Janet Dore: Principal Historic Buildings Advisor

Approved by:	Kevin Pilley: Assistant Director

Endorsed by:

Attachments:

 JHT report and schedule (revised)

 Representation dated 12 October 2007

File ref BR0360

07 March 2008