39 Midvale Road: Maintained as Building of Local Interest

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A decision made (29.05.2009) to maintain 39 Midvale Road on the Register of Buildings and Sites of Architectural, Archaeological and Historical Importance in Jersey as a Building of Local Interest.

Decision Ref:	MD-PE-2009-0109
Subject:	Register of Buildings and Sites of Architectural, Archaeological and Historical Importance in Jersey: 39 Midvale Road, St Helier
Decision Summary Title:	DS – Register as BLI 39 Midvale Road, St Helier
DS Author:	Assistant Director
DS Date:	15 May 2009	DS Status:	Public
Written Report Title:	WR – Register as BLI 39 Midvale Road, St Helier
WR Author:	Assistant Director
WR Date	15 May 2009	WR Status:	Public
Oral Rapporteur:	Assistant Director/ Roger Hills – Head of Historic Buildings (Jersey Heritage)
Decision(s):	The Minister for Planning and Environment determined that 39 Midvale Road, St Helier would be maintained on the Register of Buildings and Sites of Architectural, Archaeological and Historical Importance in Jersey as a Building of Local Interest.
Reason(s) for Decision:	1. The particular interest of 39 Midvale Road, St Helier, 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 a BLI and; 2. it accords with the States Strategic Plan commitment of protecting and sympathetically managing the Island’s built heritage assets.
Legal and Resource Implications:	The inclusion of buildings and places in the Register of Buildings and Sites of Architectural, Archaeological and Historical Importance in Jersey is consistent with the purposes of the Planning and Building (Jersey) Law 2002.
Action required:	1. Notify the owner and other interested parties 2. Update the Register of Buildings and Sites of Architectural, Archaeological and Historical Importance in Jersey 3. Notify Development Control
Signature:
Position:	Minister for Planning and Environment
Date Signed:		Date of Decision (If different to Date Signed):

39 Midvale Road: Maintained as Building of Local Interest

PLANNING AND ENVIRONMENT

39 Midvale Road, St Helier

Purpose of the Report

To seek to confirm the Minister’s decision to add 39 Midvale Road, St Helier as a Building of Local Interest (BLI) to the Register of Buildings and Sites of Architectural, Archaeological and Historical Importance in Jersey.

Background and discussion

39 Midvale Road was previously unregistered and a process of review of the building’s status was being undertaken. Jersey Heritage had assessed the building and recommended that it be added to the Register as a Building of Local Interest (report at appendix 1). The Minister had considered this matter and had served Notice of his Intention to accept the recommendation of Jersey Heritage to Register the building as a Building of Local Interest. Notice on the owners was duly served on 08 April 2009.

In the meantime, following a change to the General Development Order, and specifically a change which permitted works to be undertaken to a pre-1920s property to remove windows and doors without the need for planning permission, concern was expressed to the Minister that the historic and architectural character of this building was at risk of loss (representation at appendix 2 dated 23 April 2009).

The potential for the loss of these features was exacerbated by the fact that work was being undertaken to the refurbish the interior of the property and that an application had been submitted earlier (before the law change) to replace the windows, but which had been subsequently withdrawn following the change in the legislation removing the requirement for consent.

In view of the perceived and potential risk to the loss of windows and doors to the property without the need for consent, the Minister took the view that the building ought to be added to the Register, thus bringing the regulation of works to the property back within the control of the planning system (planning permission is required to replace windows and doors in a Registered building). This decision was made on 28 April 2009 (MD-PE-2009-0088).

On the basis of due process, however, opportunity is still to be afforded to the owner, or any other interested party, to make representations in relation to this decision. No written representations have been received other then support for the designation from the original party who expressed concern about the vulnerability of the building when it was previously unregistered.

Legal and resource implications

The inclusion of buildings and places in the Register of Buildings and Sites of Architectural, Archaeological and Historical Importance in Jersey is consistent with the purposes of the Planning and Building (Jersey) Law 2002.

Recommendation

The Jersey Heritage recommendation is to maintain 39 Midvale Road, St Helier on the Register of Buildings and Sites of Architectural, Archaeological and Historical Importance in Jersey as a Building of Local Interest.

Reason(s) for Recommendation

The particular interest of 39 Midvale Road, St Helier, 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 a BLI, and;

It accords with the States Strategic Plan commitment of protecting and sympathetically managing the Island’s built heritage assets.

Action Required

1. Notify the owners and other interested parties

2. Update the Register of Buildings and Sites of Architectural, Archaeological and Historical Importance in Jersey

3. Notify Development Control

Written by:	Kevin Pilley Assistant Director (Policy and Projects)
Approved by:	Peter Thorne Director (Planning and Building Services)