Planning and Building (General Development) (Jersey) Order 2011: Amendment: Listed Buildings and Places: Consultation

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A decision made 10 April 2018:

Decision Summary

Department of the Environment
Ministerial Decision

Decision ref:

MD–PE–2018-0034

Subject:

Proposed amendment to Planning and Building (General Development)(Jersey) Order, 2011 affecting listed buildings and places: consultation

DS title:

DS: amd to P&B (GDO) LBP: consultation

DS author:

Director Policy, Projects and the Historic Environment

DS date:

05/04/2018

DS Status:

Public

Written report title:

n/a

WR author:

n/a

WR date

n/a

WR Status:

n/a

Oral rapporteur:

Director Policy, Projects and the Historic Environment

Decision(s):

The Minister for the Environment resolved to:

announce his proposed changes to the Planning and Building (General Development)(Jersey) Order, 2011 affecting listed buildings and places; and
instruct officers to undertake consultation on the proposed changes at a time that it is appropriate to do so.

Reason(s) for decision:

The Minister for the Environment has considered:

the mixed outcome of public consultation on the regulation of change in the historic environment;
the public value of the historic environment and the future aspiration for the regulation of change;
data about the resource efficiency and the levels of approval for development proposals affecting listed buildings and places; and
professional officer advice about the implications of proposed change for the historic environment

and, in light of all of the above, wishes to continue to reduce regulation in the management of change in the historic environment in accord with MD-PE-2017-0097.

Having further reviewed the existing GDO, the Minister also wishes to ensure that the legislation is up-to-date and fit for purpose and has authorised further potential change to be made in accord with MD-PE-2018-0034.

Before making any change to the GDO relating to the regulation of change in the historic environment, the Minister considers it appropriate to undertake consultation on the specific changes that are proposed, and that any such consultation should be undertaken at a time that is appropriate to do so having regard to the Code of Conduct and Practice for Ministers and Assistant Ministers.

Legal and resource implications:

Article 2 of the Planning and Building (Jersey) Law states that it is a purpose of the law ‘to protect sites, buildings, structures, trees and places that have a special importance or value to Jersey’.

Article 51 of the law enables those ‘special places’ to be added to list where they are of special architectural, historical or archaeological interest i.e. listed buildings and places.

Article 8 (1) of the Planning and Building (Jersey) Law enables the Minister to grant planning permission in respect of a class or classes of development specified in the Order;

Article 8(2) states that a Development Order shall not be used to grant planning permission for development that would be inconsistent with the Island Plan.

Policy HE1 of the Island Plan seeks to protect listed buildings and places and to regulate change to through the determination of planning applications.

The Code of Conduct and Practice for Ministers and Assistant Ministers (R11/2015) sets out guidance for that work of government which may be conducted during an election period.

The resource implications of the proposed changes can be managed within those available to the Department of the Environment.

Action required:

For the Minister’s proposed changes to the GDO, as they affect the regulation of change to listed buildings and places, to be announced;

For consultation material to be prepared, and consultation to be embarked upon at a time that is considered to be appropriate having regard to the Code of Conduct and Practice for Ministers and Assistant Ministers

Signature:

Name and position:

Deputy SG Luce
Minister for the Environment

Date signed:

Date of decision (If different to Date Signed):