La Vieille Maison, Rue du Vieux Moulin, Trinity

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A decision made (29.10.07) to issue a Stop Notice for La Vieille Maison, Rue de Vieux Moulin, Trinity.

Decision Reference: MD-PE-2007-0248		Application Number: P/2006/0173 (If applicable)
Decision Summary Title :	La Vieille Maison, Trinity	Date of Decision Summary:		12/10/2007
Decision Summary Author:	Lawrence Davies	Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)		Public
Type of Report: Oral or Written?	Written	Person Giving Oral Report:		-
Written Report Title :	La Vieille Maison, Trinity	Date of Written Report:		11/10/2007
Written Report Author:	David Le Sueur- Enforcement Officer	Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: La Vieille Maison, La Rue de Vieux Moulin, Trinity Restore cottage. Construct extension comprising of bedroom, kitchen, study and staircase.
Decision(s): Having visited the site to view the unauthorised works, the Assistant Minister agreed to; 1) the issuing of a Stop Notice in order to ensure the cessation of all works on site; and 2) the issuing of an Enforcement Notice detailing the subsequent course of action to be undertaken - specifically the removal of the unauthorised work thus far undertaken.
Reason(s) for Decision: The Assistant Minister concurred with the department’s view that the building work thus far undertaken, namely the use of inappropriate materials (concrete blocks, lintols and hard cement mortar), is unauthorised and in direct contravention of requirements set out within the Planning Permit and on the approved plans. The building is an SSI and as such, the approach taken with regard to its restoration must involve the highest quality of materials and workmanship – this has clearly not been the case. Finally, works have commenced on site without the applicant first having secured the necessary permission under Jersey Building Bye-laws.
Resource Implications:
Action required: The department is to issue a Stop Notice initially and then subsequently an Enforcement Notice.
Signature:			Position: Minister
Date Signed:			Date of Decision (If different from Date Signed): 12.10.2007

La Vieille Maison, Rue du Vieux Moulin, Trinity - issue of Stop Notice

REPORT TO THE MINISTER FOR PLANNING AND ENVIRONMENT

Complaint Reference: CMP/2007/00380

Stop Notice Ref: SN/2007/0001

Enforcement Report

Site Address	La Vieille Maison La Rue de Vieux Moulin Trinity

Owner	Mr A Ybert
Builder	Mr I Rankin
Applicant	Mr. J. Cronin
Architect	Mr. R. Godel

Summary

La Vieille Maison, a derelict and ruinous building, is an SSI, and is currently being restored and extended. Owing to the building’s historic and architectural importance strict conditions have been imposed in the Planning Permit in respect of the material, methods and techniques to be used and employed in its restoration. It requires those responsible for carrying out the development to obtain the prior approval of the Department before proceeding with various stages of the construction.

A recent site visit by Officers of the Department established that substantial work had been carried out without prior approval, and that materials had been used that were not in accordance with those described in the approved drawings.

It is feared that these breaches of development control may have compromised the historic and architectural integrity of the building.

Recommendation

In order to prevent further work being carried out that could potentially damage, or further damage the original building it is recommended that a Stop Notice be served by the Minister on the owner, and other persons concerned in this development, under the provisions of Article 45 (2) of the Planning and Building (Jersey) Law, 2002.

The Stop Notice would require that the activity constituting, or forming part of the breach of development control immediately cease.

The service of the Stop Notice will allow time for an assessment to be made of the un-authorised work that has been carried out thus far; the risk posed to what remains of the original building by this work; and for the preparation and service of an Enforcement Notice.

Details

La Vieille Maison is a derelict and ruined cottage. It stands on the north side of La Rue du Vieux Moulin, in Trinity, and lies in the Green Zone.

On 19th January, 2006, a Planning Application was received by Department to restore and extend the cottage.

On 13th March, 2006, the property, following an assessment carried out by the Jersey Heritage Trust, was designated as an pSSI and added to the Historic Buildings Register. The JHT’s evaluation assessed the site as having 'significant architectural, historical and archaeological merit’ and referred, in particular, to some of its surviving notable features, including a decorated gable-kneeler dated 1679. On the 13th April 2007 La Vieille Maison was given full SSI status.

On 6th December, 2006, Planning Permission was granted to the owner to ‘Restore cottage. Construct extension comprising of bedroom, kitchen, study and staircase.’ The Permit (P/2006/0173) imposed strict conditions on the mannner in which the property was to be developed, this principally in the ‘interests of protecting the architectural and historical interest, character and integrity of the building.’

On 8th October, 2007, the site was visited by Janet Dore, Principal Historic Buildings Advisor, and Lawrence Davies, Planning Officer. The officers found that significant work had been carried out on the cottage up to first floor level, this without the prior approval of the Department, and that the materials used, i.e. concrete block and Portland cement, were not in accordance with those specified on the approved plans. The officers took numerous photographs of these offending works. No one was on site at the time of this visit.

Janet Dore immediately wrote a letter to Mr. R. Godel, the architect, advising him that all works should cease until the Department had had time to consider the situation.

The work carried out on La Vieille Maison is in clear breach of the conditions of the Planning Permit and may have caused irreversible damage to the original structure.

The service of a Stop Notice is recommended to prevent the continuance of any further development activity on this site and thereby allow time for:-

a). an assessment to be made of exactly what work has been

carried out, and what remedial action may be required to

return the building to it’s original pre-development state;

b). allow time for an appropriate Enforcement Notice to be

prepared and served.

Prepared by	David Le Sueur	Date	10/10/2007

Endorsed by		Date