PLANNING AND ENVIRONMENT
Register of Buildings and Sites of Archaeological, Architectural and Historical Interest
List of Sites of Special Interest
Le Ponterrin; ruined building at Le Ponterrin Villa;
and adjacent land including part Field 145A
La Rue du Ponterrin, St Saviour
Purpose of the Report
The purpose of this report is to enable the Minister to consider the heritage value of a number of buildings and an area of land in the vicinity of Le Ponterrin, St Saviour.
Background and discussion
La Ponterrin Villa is already a Building of Local Interest and when the matter of the ruined building nearby was assessed by Jersey Heritage, supplemented with the views of the Ministerial Registration and Listing Advisory Group (MRLAG) it was recommended by JH that the ruin be designated as an Archaeological Site (AS) and the surrounding land as an Area of Archaeological Potential (AAP). The intent of the Minister to make these designations was duly served on the owner of the site.
A representation on behalf of the owner was subsequently received (dated 28 April 2008 from MS Planning). Objection was raised in relation to matters of principle and detail.
Principle of archaeological protection
In his initial representation (dated 28 April 2008) the owner’s agent raises issues around the potential for costs and delays of sites with archaeological interest as a basis for resisting their designation and protection because of their archaeological interest. These matters are not material to the Minister’s decision about the heritage value of the sites but are nevertheless addressed below as they are issues of principle.
As a signatory to the Valetta Convention (1969 revised 1992) for the protection of the archaeological heritage of Europe the States, through the Minister for Planning and Environment, has a duty to take appropriate steps identify and protect the Islands archaeological resources. To that end supplementary planning guidance has been produced and adopted, and the first tranche of sites of archaeological interest identified in Jersey. This seeks to ensure that where the archaeological interest of these sites is affected by development proposals the planning system can be used to ensure that the archaeological heritage of the Island is protected and that knowledge of it is enhanced, in accord with the requirements of the Convention.
An objection to the archaeological protection of land on the basis of potential cost and delay to owners is thus not valid as the Island, through the Minister, has a clear and established obligation to exercise the appropriate regulation of development which might affect this resource.
Heritage value
The heritage value of the sites under consideration has been the subject of great scrutiny. Jersey Heritage’s initial assessment of the ruined building at Le Ponterrin Villa was undertaken in February 2008. MS Planning sought to question aspects of this in its representation of 28 April 2008. These were addressed in a supplementary report from Jersey Heritage’s Curator of Archaeology, dated 12 May 2008. Further submission were made by both MS Planning (dated 03 July 2008) and Jersey Heritage, before the Minister’s consideration of the matter at a public meeting on 04 July 2008.
At this meeting, the owner’s representative requested more time to secure further expert archaeological advice about the archaeological potential of the site. The minister acceded to this request and further reports were submitted, through the owner’s agent, from Professor Warwick Rodwell (dated 17 January 2009) and the Museum of London Archaeological Service (dated 16 January 2009). These reports were further reviewed by Jersey Heritage, and further supplementary reports provided to the Minister (Supplementary A and Supplementary B dated 24 March 2009).
The upshot of the review of further evidence by Jersey Heritage is that the recommendation to register the ruined building at Le Ponterrin Villa as an Archaeological Site is maintained, and unanimously supported by the Ministerial Registration and Listing Advisory Group (MRLAG).
As a result of the additional submissions of the archaeological evidence and potential of the surrounding land, it is further recommend by Jersey Heritage, with the support of MRLAG, that the proposed extent of designation for an Area of Archaeological Potential be extended to include Field 145A.
The matter was placed before the Minister at his meeting on 01 May 2009. As part of the representation made on behalf of the owner at this meeting, his agent questioned the validity of an assessment of the area’s heritage value that was restricted to just the ruined building at Le Ponterrin Villa and the surrounding land when his client also owned Le Ponterrin, which was a fine example of what was believed to be a sixteenth century vernacular building and associated structures, in the immediate vicinity. The extent of an individual’s landholding is not usually the basis of an assessment of heritage value, however, the value of Le Ponterrin (a proposed SSI) had already been the subject of assessment by the Conservation Architectural Practice (CAP) as part of the Jersey Manor House project in September 2008, and Jersey Heritage were thus asked to extend their assessment to include the value of this building and its associated structures. A site visit to both Le Ponterrin Villa and Le Ponterrin was made by the Minister, with Jersey Heritage and the owner’s agent.
The report of Jersey Heritage on Le Ponterrin (dated 01 December 2009) recommends that Le Ponterrin be listed as a Site of Special Interest. This was unanimously supported by MRLAG. As a result of the trust’s review of the Le Ponterrin site, and in response to representations from the owner’s agent, the proposed extent of AAP designation in relation to Filed 145A has been revised and reduced.
Notice of the proposed Listing of Le Ponterrin; registration of the ruined building at Le Ponterrin Villa; and the revised proposed designation of adjacent land as an Area of Archaeological Potential was served on 17 December 2009. No further representations have been received in response to this latest notification.
Legal and resource implications
Article 51(2)(b) of the Planning and Building (Jersey) Law 2002 enables the Minister to include on the List of Sites of Special Interest 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.
The inclusion of buildings and places in the Register of Buildings and Sites of Architectural, Archaeological and Historical Importance in Jersey and in supplementary planning guidance 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 Le Ponterrin to the List of Sites of Special Interest because of its special interest; to add the ruined building at Le Ponterrin Villa as an Archaeological Site in the Register of Buildings and Sites of Architectural, Archaeological and Historical Importance in Jersey because of its particular archaeological interest; and to designate the area adjacent to the ruined building at Le Ponterrin Villa and part of Field 145A as an Area of Archaeological Potential because of its potential archaeological interest, and having regard to submissions made, the Minister is asked to confirm these designations.
Reason(s) for Decision
1. The special interest of Le Ponterrin, as defined and in the schedule and 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;
2. The particular interest of the ruined building at Le Ponterrin Villa, 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;
3. The potential archaeological interest of the area adjacent to the ruined building at Le Ponterrin Villa and part of Field 145A justifies is designation as an Area of Archaeological Potential.
4. It accords with the States Strategic Plan commitment of protecting and sympathetically managing the Island’s built heritage assets.
Action Required
1. Update the List, Register and supplementary planning guidance related to AAPs;
2. Notify the owner
3. Notify DC
Written by: Kevin Pilley, Assistant Director
Approved by: Peter Thorne, Director
Attachments:
1. Report of Jersey Heritage (dated 27 February 2008) Ruined building at Le Ponterrin Villa;
2. Representation on behalf of owner (Ms Planning dated 28 April, 2008);
3. Supplementary Report of Jersey Heritage (dated 12 May 2008) Ruined building at Le Ponterrin Villa;
4. Representation on behalf of owner (Ms Planning dated 03 July, 2008);
5. Response of Jersey Heritage
6. Report of Professor Warwick Rodwell (dated 17 January 2009);
7. Report of MoLAS (Andrew Westman, dated 16 January 2009);
8. Supplementary Report ‘A’ of Jersey Heritage (dated 24 March 2009) Ruined building at Le Ponterrin Villa;
9. Supplementary Report ‘B’ of Jersey Heritage (dated 24 March 2009) Ruined building at Le Ponterrin Villa;
10. Report of Jersey Heritage (dated 01 December 2009) Le Ponterrin
File ref: SA0096 & SA0223
Date: 05 March 2010
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