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14 Hilgrove Street, St. Helier - Archaeological Site

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A decision made 6 December 2010 regarding: 14 Hilgrove Street, St. Helier - Archaeological Site

Decision Ref:

MD–PE–2010-0127

Subject:

Register of Buildings and Sites of Architectural, Archaeological and Historical Importance in Jersey: 14 Hilgrove Street, St Helier

Decision Summary Title:

DS – Historic Buildings Register: 14 Hilgrove Street, St Helier

DS Author:

Assistant Director

DS Date:

16 November 2010

DS Status:

Public

Written Report Title:

WR – Historic Buildings Register: 14 Hilgrove Street, St Helier

WR Author:

Assistant Director

WR Date

16 November 2010

WR Status:

Public

Oral Rapporteur:

Assistant Director/ Roger Hills – Head of Historic Buildings (Jersey Heritage)

Decision(s):

The Assistant Minister for Planning and Environment determined, having had regard to all material considerations as outlined in the reports and appendices, that;

  1. the standing structure of 14 Hilgrove Street, St Helier be added to the Register of Buildings and Sites of Architectural, Archaeological and Historical Importance in Jersey as an Archaeological Site;
  2. he would support preservation of the archaeological resource of the standing structure, in this particular case, by record, rather than in situ, as and when consideration was given to any development affecting the standing structure.

Reason(s) for Decision:

  1. The particular interest of the standing structure of 14 Hilgrove Street, St Helier, as identified and described in the report and relative to the published criteria for selection, justifies its inclusion on Register of Buildings and Sites of Architectural, Archaeological and Historical Importance in Jersey as an Archaeological Site and;
  2. it accords with the States Strategic Plan commitment of protecting and sympathetically managing the Island’s built heritage assets.

Legal and Resource Implications:

The inclusion of buildings and places in the Register of Buildings and Sites of Architectural, Archaeological and Historical Importance in Jersey is consistent with the purposes of the Planning and Building (Jersey) Law 2002.

Action required:

  1. Notify the owner
  2. Update the Register of Buildings and Sites of Architectural, Archaeological and Historical Importance in Jersey
  3. Notify Development Control

Signature:

 

 

Position:

Deputy RC Duhamel
Assistant Minister for Planning and Environment

Date Signed:

 

Date of Decision (If different to Date Signed):

06 December 2010

Hide report
14 Hilgrove Street, St. Helier - Archaeological Site

 

 

Item No:

 

 

Date:

 

PLANNING AND ENVIRONMENT

 

Register of Buildings and Sites of Architectural, Archaeological and Historical Importance

14 Hilgrove Street, St Helier

 

 

Purpose of the Report

To provide the Assistant Minister with an opportunity to decide whether to add the standing structure of 14 Hilgrove Street, St Helier to the Register of Buildings and Sites of Architectural, Archaeological and Historical Importance in Jersey as an Archaeological Site.

 

Background and discussion

At his meeting on 23 July 2010, the Assistant Minister resolved to retain 14 Hilgrove Street on the Register of Buildings and Sites of Architectural, Archaeological and Historical Importance as a Building Local Interest (MD-PE-2009-0041).

 

It was noted in the report to the Assistant Minister, dated 29 June 2010, tabled at that meeting, that the stripping out of the interior of the building undertaken by the owner in April 2010 had exposed its internal structure and that Jersey Heritage was recommending that this was, of itself, of heritage value and worthy of designation as an Archaeological Site.

 

The Assistant Minister resolved to defer consideration of the archaeological interest of the standing structure pending a further period of 28 days for representations to be made. A late representation was received on 05 October 2010 (attached at appendix 1).

 

The representation is made on three grounds which are addressed below:

 

  1. Lack of evidence

 It is suggested that no evidence or expert view on the building’s archaeological interest had been presented to the Assistant Minister, in the report of 20 May 2010, to enable him to take an informed decision on this matter.

 

 Despite seeking an extension of time to secure expert opinion, it is considered relevant to note that the representation on behalf of Trump is not itself supported by any expert opinion to counter the recommendation made.

 

 Further expert evidence is now presented to the Assistant Minister, in the form of a supplementary report prepared by the Curator of Archaeology at Jersey Heritage (attached at appendix 2), to further support the recommendation of the Trust to designate the standing structure an Archaeological Site.

 

 This supplementary report was provided to the owner’s legal representative on 06 October 2010 together with an opportunity to submit any further representations: to date, no further representations have been received.

 

2.  Improper motives for designation

 The representation suggests that the motives for the proposal to designate the standing structure of 14 Hilgrove Street as an Archaeological Site were improper, being those of ‘pique’ and ‘resentment’ at the action of the building’s owner to destroy the building’s interior, rather than ‘a genuine desire to retain something of alleged historical value for the Island’.

 

 Such comment is considered to be somewhat crass, inappropriate and wholly without foundation. The simple fact of the matter is that the actions of the building’s owner to strip out it’s interior have now exposed the archaeological interest of the standing structure which, under the auspices of the Minister’s role and responsibilities to identify and protect the Island’s archaeological heritage set by law, international convention and States policy[1], can now be legitimately and appropriately considered for designation on archaeological grounds.

 

 The representation states that the building’s owners informed the department of its actions in stripping out the interior of the building. No such advice was received by the Department until after the works were complete.

 

 The representation states that in the period between service of the Notice of the Minister’s Intent to List the site as an SSI and the stripping out of the interior by the building’s owner nothing happened. This is not the case. Much happened evidenced by legal challenge to the proposed Listing process and an attempt to conflate the designation process with the determination of emergent development proposals.

 

3.  Preservation

 In the event that the site is designated as an Archaeological Site, it is submitted that it ought to be preserved by record rather than in situ.

 

 The implications of designation are not material to any decision about whether the site is of heritage value and thus this concern is entirely irrelevant at this time and is a matter to be determined in the context of a planning application.

 

 It has, however, already been stated, in the reports of Jersey Heritage dated 20 May 2010 and 20 September 2010, that the purpose of designation is to provide a sound and robust basis for archaeological recording of the standing structure.

 

Legal and resource implications

The inclusion of buildings and places in the Register of Buildings and Sites of Architectural, Archaeological and Historical Importance in Jersey is consistent with the purposes of the Planning and Building (Jersey) Law 2002.

 

Recommendation

On the basis of the recommendation of Jersey Heritage to add 14 Hilgrove Street, St Helier to the Register of Buildings and Sites of Architectural, Archaeological and Historical Importance in Jersey as an Archaeological Site (AS) and having had regard to all other material considerations as outlined in the report and appendices, the Assistant Minister is requested to consider the addition of this standing structure to the Register as an Archaeological Site (AS).

 

Reason(s) for Decision

The particular interest of 14 Hilgrove Street, St Helier, as identified and described in the report and relative to the published criteria for selection, justifies its inclusion on Register of Buildings and Sites of Architectural, Archaeological and Historical Importance in Jersey as an Archaeological Site (AS), and it accords with the States Strategic Plan commitment of protecting and enhancing the Island’s built heritage assets.

 

Action Required

  1. Notify the owner
  2. Update the Register of Buildings and Sites of Architectural, Archaeological and Historical Importance in Jersey
  3. Notify Development Control

 

 

Written by:

Assistant Director, Policy and Projects

 

 

Approved by: 

Director

 

Appendices:

 

  1. Supplementary Report of Jersey Heritage (dated 20 May 2010)
  2. Site plan
  3. Photographs of interior and exterior
  4. Representation of Trump Holdings (dated 05 October 2010)
  5. Supplementary Report of Jersey Heritage (dated 20 September 2010)

 

File ref    HE0270

Date  16 November 2010

 


 

 

[1] See Article 2 of the Planning and Building (Jersey) Law 2002; the European Convention on the Protection of Archaeological Heritage (the Valetta Convention 1992 (revised)); and Priority 13 of the States Strategic Plan 2009-2014.

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