PLANNING AND ENVIRONMENT
List as a Site of Special Interest: 92 Bath Street, St Helier
Purpose of the Report
This report seeks the Ministers confirmation his intent to list 92 Bath Street, St Helier.
Background
During the latter part of 2007 reports relating to a number of properties in the Bath Street area were brought before the Minister for his decision on various recommendations regarding the registration of those properties. With the exception of 92 Bath Street all were determined at that time.
At the meeting where the other determinations were made, a verbal representation was received and the Minister deferred his decision so that he could make a site visit. This was subsequently carried out and since then further a written representation has been received. This representation does not however bring forward any new evidence and simply argues the opposite view to that put forward by the JHT and acknowledged in their original report.
As a result of questions about this case and others in relation to parts of a building being worthy of listing whilst others might be less so, legal advice has been sought as to whether it is possible or advisable to try to list only part of a building or to exclude parts by reference to the schedule.
Discussion
That advice 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.
Thus with the benefit of legal advice, the matter of the proposal to list 92 Bath Street as a Site of Special Interest (it is currently on the Register as a pSSI) is brought back to the minister with the original JHT report and recommendation unchanged in relation to this property.
Legal and resource implications
None
Recommendation
That the Minister’s intention to List 92 Bath Street, St Helier as a Site of Special Interest be confirmed
That the service of a Notice of Intent to List be authorised
Reason(s) for Decision
The special interest of 92 Bath Street, St Helier, 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 of the Planning and Building (Jersey) Law 2002 and the States Strategic Plan.
Action Required
Serve Notice of Intent
Written by: | Janet Dore: Principal Historic Buildings Advisor |
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Approved by: | Kevin Pilley: Assistant Director |
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Endorsed by: | |
Attachments:
Written representation dated 19 October 2007
JHT Report
Schedule & plan
File ref HE0531
06 March 2008