Odeon Cinema, Bath Street, St. Helier

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 17 January 2011 regarding: Odeon Cinema, Bath Street, St. Helier - Listed Building.

Decision Ref:	MD–PE–2011-0005
Subject:	Listed Buildings and Places: Odeon Cinema, Bath Street, St Helier
Decision Summary Title:	DS - Listed Buildings and Places: Odeon Cinema, Bath Street, St Helier
DS Author:	Assistant Director
DS Date:	10 January 2011	DS Status:	Public
Written Report Title:	WR – Listed Buildings and Places: Odeon Cinema, Bath Street, St Helier
WR Author:	Assistant Director
WR Date	07 January 2011	WR Status:	Public
Oral Rapporteur:	Assistant Director: Policy and Projects / Head of Historic Buildings (Jersey Heritage)
Decision(s):	On the basis of the basis of the relevant evidence provided to him, and taking into account only those material considerations that relate to the special architectural and historic interest of the Odeon Cinema, as required to do so and prescribed by law, the Minister for Planning and Environment resolved that the building and place should be retained as a Listed Building (on the List of Sites of Special Interest); The Minister further determined that, in light of the introduction of the new historic environment protection regime at the beginning of 2011, work should be undertaken by Jersey Heritage, as soon as possible, to assign a (non-statutory) grade to the Listing of the building in order to inform any future decision on the potential redevelopment of the building and to inform an assessment of its potential for change.
Reason(s) for Decision:	The special architectural and historic interest of the Odeon Cinema, Bath Street, St Helier, as defined in the schedule and relative to the published criteria for selection, justifies its inclusion on the List in accordance with the provisions and purposes of the Planning and Building (Jersey) Law 2002 and; It accords with the States Strategic Plan commitment of protecting and sympathetically managing the Island’s built heritage assets;
Legal and Resource Implications:	Article 51(2)(b) of the Planning and Building (Jersey) Law 2002 enables the Minister to include on a List those buildings and places that the Minister is satisfied has public importance by reason of the special archaeological, architectural, artistic, historical, scientific or traditional interest that attached to the building or place. Article 51(5) of the Planning and Building (Jersey) Law 2002 enables the Minister to remove a building or place from the List where he is satisfied that its special interest has ceased to exist. Article 52(4) of the Planning and Building (Jersey) Law 2002 states that in determining whether to include a building or place on the List, the Minister shall take into account representations to the extent that they relate to the special interest of the proposed site.
Action required:	Notify the owner and other interested parties Update the List Notify Development Control
Signature:
Position:	Senator FE Cohen, Minister for Planning and Environment
Date Signed:		Date of Decision (If different to Date Signed):	17 January 2011

Odeon Cinema, Bath Street, St. Helier - Listed Building

		Item No:
		Date:

PLANNING AND ENVIRONMENT

Listed Buildings and Places

Odeon Cinema, Bath Street, St Helier

Purpose of the Report

The Odeon Cinema in Bath Street, St Helier is a Listed Building, it being added to the List of Sites of Special Interest in May 2003.

The purpose of this report, and the purpose of the meeting that is to be held to consider this matter, is for the Minister for Planning and Environment to determine whether or not the special architectural and historic interest of the Odeon Cinema has ceased to exist. The extent of his consideration is prescribed by law, at Article 51(5) of the Planning and Building (Jersey) Law 2002.

This is the only question that the Minister is able to address at this time. The Minister is unable to consider the potential benefits or impacts of any redevelopment proposals that may affect this building that are in the public domain. These are not material to his consideration of the heritage value of the building and they can only be properly and fully considered within the context of a planning application. It is not the purpose of this meeting or report to consider any development proposals or planning applications.

The only factors that are material to the Minister’s decision should be related to a critique of the building’s architectural and historic interest. Matters relating to its state of repair; service provision; viability of use and alternative use or redevelopment are not material or relevant as to whether the building is of architectural or heritage interest.

This approach is not unusual and is that adopted in, for example, the UK. The reason for it is that it is essential that the nature, extent and level of significance of a heritage asset is firstly understood and recognised before it can be properly considered and weighed against any proposals which might affect that heritage value.

Background and discussion

Against the context of the preparation of the North of Town Masterplan and the preparation of development proposals by C. Le Masurier Ltd, a major landowner in the area and owner of the Odeon Cinema, the Minister for Planning and Environment was asked to review the heritage value of the Odeon building which he agreed to do (see response to States Question at appendix 1).

Jersey Heritage provides the Minister with independent, expert professional advice about the heritage value of buildings and places in the Island under the terms of a service level agreement. Owing to the nature of the building under review, Jersey Heritage sought to engage specialist advice and commissioned Mark J Price of Planning, Heritage and Conservation and Dr Elain Harwood of English Heritage, both specialists in twentieth century buildings and architecture, to review the heritage value of the Jersey Odeon. Their initial report Jersey Odeon: Heritage Assesssment (at appendix 2) was produced in August 2010.

This was then reviewed by Jersey Heritage, together with the Ministerial Registration and Listing Advisory Group (MRLAG) which comprises a group of local people with expertise in Jersey architecture, archaeology and history, relative to the published criteria for designating buildings in the Island. On the basis of the review that had been undertaken, the conclusion reached was that the building did have heritage value and that its special interest had not been lost and that it should be accordingly retained as a Listed Building (Jersey Heritage report, dated 17 August 2010 at appendix 3).

The Price/Harwood and Jersey Heritage reports were subsequently provided to C. Le Masurier Ltd in order that they might be afforded an opportunity to consider and comment upon them and provide the Minister with their own assessment of the heritage value of their building. This was submitted by C. Le Masurier Ltd on 08 November 2010.

The representation made by C. Le Masurier Ltd was extensive and whilst it included a critique of the architectural and historic interest of the Odeon building, it also included other information and opinion relating to the condition of the building; services; alternative uses and details of redevelopment proposals, together with a public survey response to these proposals. This other information is not material to the Minister’s decision on the heritage value of the building as set out above and as advised previously and consistently to C. Le Masurier Ltd. prior to the representation being made.

Whilst the Minister has received the complete representation, the main substance of it that is mostly relevant to his consideration of the Listed status of the building is reproduced at appendix 4 (Odeon Cinema, Jersey: SSI De-classification Report by Formation Architects) which concludes that its continued classification as an SSI is considered to be unjustified. The additional opinion expressed in the report about the potential inhibition to regeneration presented by the maintenance of the building’s Listed status is not relevant to an assessment of the building’s heritage value: this can only be properly considered within the context of a planning application.

It is also relevant to note that the review of the Jersey Odeon’s heritage value has attracted attention outside of the Island, leading to the submission of representations from both The Twentieth Century Society (at appendix 5) and The Cinema Theatre Association (at appendix 6). Both organisations outline what they consider to be the architectural and historic significance of the building in support of the maintenance of its continued Listing.

The relevant evidence provided by C. Le Masurier Ltd, and other representations from The Twentieth Century Society and The Cinema Theatre Association, where it relates to the heritage value of the building, has been reviewed by the Minister’s advisors (Price/Harwood and Jersey Heritage) whose supplementary reports are set out at appendices 7 and 8 respectively. The conclusion reached by both is that the Odeon retains its special architectural and historic interest thus warranting its continued Listing.

Legal and resource implications

Article 51(2)(b) of the Planning and Building (Jersey) Law 2002 enables the Minister to include on a List those buildings and places that the Minister is satisfied has public importance by reason of the special archaeological, architectural, artistic, historical, scientific or traditional interest that attached to the building or place.

Article 51(5) of the Planning and Building (Jersey) Law 2002 enables the Minister to remove a building or place from the List where he is satisfied that its special interest has ceased to exist.

Article 52(4) of the Planning and Building (Jersey) Law 2002 states that in determining whether to include a building or place on the List, the Minister shall take into account representations to the extent that they relate to the special interest of the proposed site.

Recommendation

On the basis of the basis of the relevant evidence provided to the Minister, and taking into account only those material considerations that relate to the special architectural and historic interest of the Odeon Cinema, Jersey Heritage, as the Minister’s independent, expert professional advisors, recommend that the building should be retained as a Listed Building (on the List of Sites of Special Interest) because it is still of special interest.

It is relevant and important to note, however, that any decision in accord with the recommendation made does not preclude the Minister from subsequent consideration of development proposals for this site which may affect the special interests of the building, but rather it enables him to make any subsequent decision in an informed way where he is required to recognise, consider, weigh and balance the heritage value of the Odeon building against all other material considerations that might arise in the determination of any subsequent planning application.

Reason(s) for Decision

The special interest of the Odeon Cinema, Bath Street, St Helier, as defined in the schedule and relative to the published criteria for selection, justifies its inclusion on the List in accordance with the provisions and purposes of the Planning and Building (Jersey) Law 2002 and;
It accords with the States Strategic Plan commitment of protecting and sympathetically managing the Island’s built heritage assets.

Action Required

Notify the owner
Update the List
Notify Development Control

Written by:

Kevin Pilley

Assistant Director (Policy and Projects)

Approved by:

Peter Thorne

Director (Planning and Building Services)

Attachments:

Answer of Minister for Planning and Environment to question from Senator JL Perchard on 25 May 2010;
Mark James Price and Elain Harwood (11 August 2010) Jersey Odeon: Heritage Assessment;
Jersey Heritage (17 August 2010) Odeon Cinema, Bath Street, St Helier;
Formation Architects (November 2010) Odeon Cinema, Jersey: SSI De-Classification Report;
Letter from The Twentieth Century Society (dated 12 August 2010);
Letter from The Cinema Theatre Association (dated 08 October 2010);
Mark James Price and Elain Harwood (06 January 2010) Jersey Odeon: Comments on Formation Architects De-Classification report;
Jersey Heritage Supplementary Report (07 January 2011) Odeon Cinema, Bath Street, St Helier;

File ref HE0024

Date 07 January 2011

C:\scp\ora_dc\MWR.DOC