PLANNING AND ENVIRONMENT
Service Level Agreement
Jersey Heritage Trust
Annual Review
Purpose of the Report
The purpose of this report is to review the Service Level Agreement (SLA) between the Jersey Heritage Trust (JHT) and the Planning and Environment Department (P&E), looking at its operation in 2009, and formally securing the SLA for 2010.
In so doing, the report allows consideration of matters raised by the Comptroller and Auditor General (C&AG) in his report Financial Review: Jersey Heritage Trust (October 2009).
Background
An SLA to manage the identification and designation of the Island’s built heritage assets between P&E and JHT was established in 2005. The relationship has developed and the SLA is reviewed, on an annual basis, to reflect change. The SLA was not formally reviewed in 2009 pending the outcome of various audits of the Trust to inform the basis of some of the costs of the SLA.
Discussion
The Comptroller and Auditor General (C&AG) has carried out a review of the financial condition, governance arrangements and financial management of the Trust, on behalf of the Minister for Education, Sport and Culture. His report, Financial Review: Jersey Heritage Trust (October 2009), raises an issue about the relationship of P&E and SLA and specifically the services provided by JHT to the Minister.
Non-core activities
112. The Trust undertakes a number of activities that are ‘non-core’ in the sense that they are not central to its principal purpose of safeguarding, interpreting and providing access to the Island’s heritage. Such activities include the management of various forts and towers on behalf of the States and the Historic Building Service.
113. Consideration should be given to removing from the Trust the burden of managing such non-core activities.
114. In some cases, the burden may not be substantial and there may be material advantage to be gained from the Trust’s accommodating the activity. This may, for example, be the case in regard to the Historic Building Service which is limited in scale and may benefit from being close to those responsible for maintaining the Trust’s sites. 1
Having raised the issue, it would appear that the C&AG recognises the value of the Historic Building Service work being undertaken by Jersey Heritage (as stated in para 114 above) even if he appears not to think it central to the purposes of the Trust (as stated at 112).
In light of this matter being raised by the C&AG, it is considered necessary and appropriate that the Minister for Planning and Environment responds to the question raised, from the perspective of Planning and Environment, in order to safeguard the relationship with the JHT and the services that it provides to P&E through the SLA (referred to by the C&AG as the ‘Historic Building Service’). A number of different issues are worthy of consideration as set out below.
There are also other issues which require amendment to the SLA in 2010 which are also highlighted below:
Value
The benefit of the SLA/ Historic Building Service is clearly set out in the SLA as follows:
· The Minister receives independent objective advice from heritage experts at Jersey Heritage Trust. This arrangement enables the process of identifying and designating the historic built environment to be clearly separated from the process of regulating development through the planning process, by vesting it in the Jersey Heritage Trust, which operates as an independent heritage organisation on behalf of, but outside of, government and the regulatory regime. This is critical in ensuring that decisions on registration and listing are based on a professional assessment of the architectural, archaeological, and historical or other relevant interests of a building or site only that is undertaken in a robust, transparent and objective manner without reference to development proposals or the development potential of a building or site.
Jersey Heritage Trust employs dedicated specialist staff who have expertise in the assessment of the Island’s historic built environment and archaeology to fulfil this role;
· Improvements in the holding and management of information relating to the historic environment. JHT has dedicated professional staff with expertise in the management of information and archival records;
· Facilitating of greater research and the gathering of information about the built heritage. The JHT has skills and established commitments in this work;
· Development of educational and promotional programmes on heritage matters. The JHT has skills in organising educational programmes and events about Jersey’s built heritage;
· Increased accessibility of such information to members of the public thereby making the aim of identifying and protecting buildings and sites of cultural significance more transparent.
The output of the SLA/ Historic Building Service, with specific regard to activities in 2009, is set out in the JHT report at appendix 1.
On the basis of the objectives of the SLA and the manifestation of the service, represented by the outputs presented in the JHT report for 2009, it is considered that the Historic Building Service should not be regard as a non-core activity of the JHT, but very much in line with its principal purpose of safeguarding, interpreting and providing access to the Island’s heritage. The justification for this is that the SLA serves to:
· ensure that the Island’s historic environment is safeguarded, where its designation and protection is warranted, through planning legislation and policy;
· interpret the significance of the historic environment, through the process of designation, where there is a requirement to set out why the heritage asset is important and worthy of protection; and,
· promote access to information and knowledge about the Island’s heritage through the provision of information about the designation and protection of the Island’s historic environment.
From the Planning and Environment perspective, it is of critical importance that the designation process is separate to the development process to ensure the impartiality and robustness of decision making in designating and protecting the historic environment. On this basis, it is considered to be important for the Island that we seek to continue the provision of this service through the formal relationship with the JHT under the auspices of the SLA and it is encouraging that the C&AG appears to support the provision of this service, through the SLA with the JHT.
Cost
The cost of the provision of this service is borne entirely by the Planning and Environment Department and, therefore, has no financial implications for the JHT.
The actual cost of the service has been reviewed in 2010, to better reflect and account for the overhead costs of the Trust and to ensure that there are no financial implications for the Trust of carrying out this service.
Change
In view of the Minister’s proposal to review the protection regime for the historic environment, there will be implications for the operation of the SLA, but the fundamental basis of the agreement and the provision of the service will remain unchanged.
The SLA for 2010 has been revised to identify potential change and a draft is attached at appendix 2.
Legal and resource implications
Under the provisions of the Planning and Building (Jersey) Law 2002, the Minister may consult with any person having ‘special knowledge’ of a particular building or site, before including it in the List of Sites of Special Interest. The SLA with the JHT provides the Minister with a primary source of objective professional advice. The Terms of Reference for MRLAG also ensures that this advice can be supplemented by a group that is appointed and which operates in a manner that is open, transparent and accountable.
Provision is made within the Planning and Environment Department’s annual budget, to meet the basic operational costs of the SLA which, in 2010, amounts to £67,500.
The incidental costs for the monitoring of archaeological fieldwork arising from the planning process (payable on a day rate basis) will be dealt with as and when the need arises, and will be subject to the availability of funding.
Provision has also been made within the department’s budget to undertake a comprehensive review of the Island’s existing heritage assets, beginning in 2010. This work is likely to take place over the next two-three years and will progress subject to the availability of funding. This review will be managed by JHT under the terms of the SLA, but will be funded by P&E. This is recognised explicitly in the draft SLA for 2010.
Recommendations
On the basis of the above, it is recommended that the Minister for Planning and Environment;
1. resolves to respond to the Report of the C&AG such that he welcomes the C&AG’s recognition of the value of the Historic Building Service, provided through the SLA between JHT and P&E, even if the Minister is of the view that the Historic Building Service is of relevance to the principal purpose of the Trust in the safeguarding, interpreting and providing access to the Island’s heritage as well as being of fundamental importance to the separation of the designation and development process, where it affects the historic environment;
2. notes and endorses the Service Level Agreement with Jersey Heritage Trust for 2010, as set out at appendix 2.
Reason(s) for Decision
The Service Level Agreement with Jersey Heritage Trust enables the provision of wholly impartial and more robust advice about the identification and designation of the Island’s heritage assets and that the relationship with the Trust, through the SLA, delivers added and better value relative to the objectives of both organisations in relation to the protection, management and promotion of the Island’s historic environment.
Action Required
1. Letter to be sent to the Chairman of the JHT, copied to the Minister for Education, Sport and Culture, in response to the C&AG Report;
2. SLA for 2010 to be signed on behalf of the Minister
Written by: | Kevin Pilley: Assistant Director, Policy and Projects |
Endorsed by: | Peter Thorne: Director, Planning and Building Services |
Attachments:
1. Report on provision of services contained in the SLA between the Minister for P&E and Jersey Heritage in 2009 (Jersey Heritage) November 2009
2. Draft SLA for 2010
3/04/04/05
15 April 2010
1 Financial Review: Jersey Heritage Trust (Comptroller and Auditor General) October 2009, pp.34.
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