Sites of archaeological interest: amendment to Town of St. Helier designation.

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A decision made (13/07/2007) regarding: Sites of archaeological interest: amendment to Town of St. Helier designation.

Subject:	Sites of archaeological interest: amendment to Town of St Helier designation
Decision ref:	MD-PE-2007-0165	Exempt clause(s):		None
Type of report:	Written and oral	Report file ref:		3/04/12
Person giving report (if oral): Curator of Historic Buildings
Written report – author: Curator of Historic Buildings
Written Report Title: Sites of archaeological interest: amendment to Town of St Helier designation
Decision(s): The Minister for Planning and Environment; 1. resolved to designate an Archaeological Site in the Town of St Helier as set out in the JHT report and schedule at Appendix 1; 2. endorsed the proposed processes for designation and definition of the proposed Archaeological Site and authorises officers to prepare Notices of Intent to designate this site to be defined as an AS;
Reason(s) for decision: The site proposed for designation satisfies the relevant criteria for such as set out in the adopted and published supplementary planning guidance Archaeology and Planning (January 2007); The decision accords and contributes to the attainment of the Minister’s obligations under law, international convention and the Strategic Plan; The decision satisfies the requirements of law under Article 6 of the Planning and Building (Jersey) Law 2002.
Action required: Prepare Notices of Intent for the site to be designated as an AS in the Town of St Helier
Signature: Minister			Date of Decision: 13 July 2007

Sites of archaeological interest: amendment to Town of St. Helier designation.

PLANNING AND ENVIRONMENT

Sites of archaeological interest:

amendment to Town of St Helier designation

Purpose and background

The purpose of this report is to update the proposed designation of sites of archaeological interest in the Town of St Helier in light of recent archaeological evidence that has been discovered in the Town (as set out in the attached JHT report). This covering report deals with procedural matters of designation and adoption.

Discussion

The recommendations of the JHT report are supported: designation of this area of town is a key component in the operation of the planning policy regime where development meets archaeology, and is critical to enable archaeology to be properly considered. Recent discoveries of significant archaeological evidence in Town highlight the need to ensure that the archaeological sensitivity of the town is appropriately identified and categorised.

The proposal that the Town of St Helier, as defined, be designated as an Archaeological Site would require that this designation be added to the Register of Buildings and Sites of Architectural, Archaeological and Historical Importance. There is no formal procedure for consultation, but it is considered appropriate that a similar process to that required for SSIs is adopted, to allow notice to be served and opportunity for representation to be made.

Legal and other implications

Identification and protection of the Island’s known archaeological resource contributes to the obligations of the Minister under law and international convention.

The Minister is empowered - in the case of Archaeological Sites – to issue guidance about specific sites and areas of the Island under Article 6 of the Planning and Building (Jersey) Law 2002.

Consultation requirements

Whilst there is no legal obligation to consult in respect of the designation of ASs, it is considered unfair not to do so and must also represent good practice: accordingly, it is proposed that a similar procedure for SSI designation is adopted.

It is considered that there is no requirement for the matter of the designation and definition of this Archaeological Site to be referred to the Council of Ministers.

Recommendation

On the basis of the above and the attached, it is recommended that the Minister for Planning and Environment;

1. Endorses the recommendation of JHT to designate an Archaeological Site in the Town of St Helier as set out in the JHT report and schedule at Appendix 1;

2. Endorses the proposed processes for designation and definition of the proposed Archaeological Site and authorises officers to prepare Notices of Intent to designate this site to be defined as an AS;

Reason(s) for Decision

The site proposed for designation satisfies the relevant criteria for such as set out in the adopted and published supplementary planning guidance Archaeology and Planning (January 2007);
The decision accords and contributes to the attainment of the Minister’s obligations under law, international convention and the Strategic Plan;
The decision satisfies the requirements of law under Article 6 of the Planning and Building (Jersey) Law 2002.

Action Required

1. Prepare Notices of Intent for the site to be designated as an AS in the Town of St Helier;

Written by:

Kevin Pilley

Assistant Director: Planning and Building Services

Approved by:

Attachments:

Appendix 1: Archaeological sites of interest – Town of St Helier amendment

File ref: 3/04/12

Date: 05 July 2007